Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 23, 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 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)
Heard: August 6, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Coland Developments Corporation
L. English P. Patterson
City of Orillia
D. Kirby A. Sidhu (in absentia) B. Khattra (articling student)
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON AUGUST 6, 2024 AND INTERIM ORDER OF THE TRIBUNAL
1This was the Hearing 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 (“ZBA”) and a Site Plan Approval (“SPA”) Application, pursuant to s. 34(11) and 41(12) of the Planning Act (“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 90 parking spaces (“development proposal”).
3On June 5, 2024, the Tribunal received a notification that the statutory Parties have resolved their issues.
4Natalie Boodram, a Registered Professional Planner, and a full member of the Canadian Institute of Planners, provided a Sworn Affidavit (Exhibit 1) and was qualified by the Tribunal to provide land use planning opinion evidence in relation to the matter under appeal. Ms. Boodram delivered a detailed contextual and land use planning rationale in support of the settlement.
PLANNING RATIONALE
5The planning policy documents related to the proposed development are s. 2 of the Planning Act (“Act”), the Provincial Policy Statement, 2020 (“PPS”), A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (“GP”), Lake Simcoe Protection Plan, 2009 (“LSPP"), the City Official Plan (Consolidated November 1, 2022) (“OP”) and City Zoning By-law No. 2014-44.
6In Exhibit 1 and her viva voce evidence Ms. Boodram provided planning opinion evidence and addressed Participants’ issues. She testified that various technical studies, including Land Use Compatibility, noise assessment, Shoreline Management Plan and Environmental Impact Study (“EIS”) have been prepared to support the ZBA and SPA. The proposed recommendations have been implemented through the SPA. The EIS concluded that the development proposal can proceed without impacting the natural environmental features found on and around the site. The development will include a 30 metres (“m”) shoreline buffer area that meets the requirement of the LSPP and shoreline stabilization including vegetation in order to provide shoreline erosion and hazard protection.
7Ms. Boodram provided that the site is located within the intensification area, in proximity to the existing infrastructure and public service facilities and will promote efficient compact residential development on underutilized parcels of land within the existing neighbourhood that can support growth.
8In Ms. Boodram’s opinion the development proposal has regard for the matters of provincial interest, as set out in s. 2 of the Act, specifically subsections (a), (f), (h), (j), (n), (o), (p), (q), (r) are applicable. The development will provide a range of one (1), two (2), and three (3) bedroom units which will contribute to a range and size of housing options within the City and addresses the affordability issue of the Participants’ statement.
9Ms. Boodram proffered that the development proposal is consistent with sections 1.1.1, 1.1.3.1, 1.1.3.2, 1.1.3.3, 1.1.3.4, 1.1.3.6, 1.2.1, 1.4.1, 1.4.3, 1.5.1, 1.6.1, 1.6.3, 1.6.6.2, 1.6.7.2, 1.6.7.4, 1.7.1, 1.8.1, 2.1.1, 2.1.8, 2.2.2 and 3.1.1 of the PPS. It is proposing an efficient, compact development on underutilized parcels of land and will contribute to a mix of land uses within a settlement area; it will utilize the existing infrastructure and public service facilities, and support transit and active transportation.
10Ms. Boodram stated that sections 1.2.1, 2.2.1, 2.2.2, 2.2.6, 3.2.2, 4.2.1, 4.2.2, 4.2.4, 4.2.5, 4.2.9, 4.2.10, and 6.3 of the GP are applicable to the proposed development, as it will contribute to a complete community, supporting healthy and active living. It will promote social equity by providing a different mix of unit types and sizes, thus improving the range of housing options for different ages, abilities and incomes.
11Ms. Boodram proffered that following the discussions with the Ministry of Transportation of Ontario (“MTO”) and the City, a new site entrance was proposed from Atherley Road to ensure safety for all users.
12It is Ms. Boodram’s professional opinion that the proposed development conforms with the designated policies set out in the LSPP, has regard to the other policies set out in the LSPP and conforms to the City OP.
13Ms. Boodram explained that the proposed development implemented appropriate setbacks and step backs. It starts as a one-storey building and steps back and steps up to four-storeys, before it steps up and steps back to eight-storeies, conforming to the OP. A 45-degree angular plane is established at the 7.5 m height, directly above the property line, to minimize the impact on the adjacent properties; it will include trees and shrubs to mitigate its impact on a one-storey residential property located at 648 Driftwood Road.
14The development proposal will contribute to a higher density transit supportive development in the appropriate location that will contribute to the range of housing forms within the City and is designed to be compatible with the adjacent residential properties. The site is located within a short walking distance (220 m) from the nearest bus stop; thus, it confirms to the OP and addresses the Participants’ statement regarding transit-oriented development.
15The transportation brief and entrance analysis were completed for this development, and it states that the site will only add less than 0.5% to the total traffic at the intersection of Orchard Point Road and Atherley Road. The proposed development does not permit access from Driftwood Road for traffic, rather the full access will be permitted from Atherley Road. A stipulation from the MTO is the requirement to provide a secondary egress to Driftwood Road. The gate at that location will allow for vehicles only to exit the site onto Driftwood Road and will allow entrance to emergency vehicles only. Thus, as no through traffic will be permitted from Driftwood Road to Atherley Road, the concern raised in the Participant’s submission has been addressed.
16With respect to natural heritage, Ms. Boodram proffered that the proposed development combines a variety of mitigation measures to protect the Lake Simcoe watershed and property shoreline, including the implementation of a 30 m shoreline buffer area and 100-year flood level and flood hazards from the building. The buffer will provide a habitat restoration, mitigate runoff impacts and will contribute to the access of the lake, thus addressing the Participants’ concerns regarding natural heritage.
17Ms. Boodram testified that the proposed site-specific zoning standards will include:
a) Parking may be permitted in the Front Yard adjacent to Lake Simcoe;
b) Notwithstanding Subsection 6.3, Table 6.7, for Apartment Dwellings, the Parking Area shall be permitted in the Front, Side, and Rear Yards;
c) Eastern Interior Side Yard Setback (min) – 2.6 m to the above surface portion of the underground parking garage, main structure shall be set back the required distance of 6.0m (min); and
d) Building Height (max) - 32.0 m (eight storeys).
ANALYSIS AND FINDINGS
18Having reviewed the uncontested planning evidence of Ms. Boodram, the Tribunal finds that the development proposal has regard for matters of Provincial interest as set out in s. 2 of the Act, is consistent with the PPS, conforms with the GP and the designated policies, has regard to the other policies of the LSPP and City OP, represents good planning and is in the public interest.
ORDER
19THE TRIBUNAL ORDERS that the appeal is allowed in part, and By-law No. 2014-44 is amended as follows, and as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of the City of Orillia to assign a number to this by-law for record keeping purposes.
20THE TRIBUNAL ORDERS THAT the Site Plan appeal is 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 is hereby approved in principle as shown in Attachment 2 to this Order.
21The Tribunal will withhold the issuance of its Final Order of the Site Plan appeal contingent upon receipt of the final updated Site Plan plans and drawings and Site Plan Conditions.
22In the event of any difficulties in finalizing the Site Plan matters, the OLT may be spoken to.
23If the Parties do not submit the final Site Plan plans and drawings, and do not request the issuance of the Final Order, by Tuesday, October 1, 2024, the Applicant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the Site Plan plans and drawings and Conditions.
24The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the instruments, the satisfaction of the contingent prerequisites and the issuance of the Final Order.
“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.
ATTACHMENT 1
Zoning By-law Amendment
Authority: Ontario Land Tribunal Decision issued on ● and Order issued on ● in Tribunal
File No. OLT-24-000131
BY-LAW NUMBER 2024-0XX OF THE CITY OF ORILLIA
AMENDMENT NUMBER 123 TO BY-LAW NUMBER 2014-44, THE ZONING BY-LAW FOR THE CITY OF ORILLIA (625 & 643 ATHERLEY ROAD & 642 DRIFTWOOD ROAD)
WHEREAS the Ontario Land Tribunal, pursuant to its decision issued on ● and Order issued on ● in respect of Tribunal File No. ● after hearing the appeal under subsection 34(11) of the Planning Act, R.S.O. c. P.13, as amended, deems it advisable to amend City of Orillia By-law 2014-44 for the lands municipally known as 625 & 643 Atherley Road & 642 Driftwood Road, City of Orillia;
NOW THEREFORE pursuant to the Order of the Ontario Land Tribunal, City of Orillia By- law 2014-44 is further amended as follows:
Map Numbers 26 of Schedule “A” to By-law Number 2014-44, as amended, is hereby further amended by rezoning the lands identified on Schedule “A-1” attached by repealing and replacing the “Residential Four Intensification Exception One” (R4-1i) Zone in part, “Mixed Use Intensification” (C4i) Zone in part, and the “Residential Two Intensification” (R2i) Zone in part.
Section 7.5 “Residential Zone Exceptions” of By-law Number 2014- 44, as amended, shall be amended by repealing and replacing the following Zone Exception to Table 7.7 “Residential Five (R5) Zone Exceptions”:
Column 1
Column 2
Exception Number
Exception
R5 EXCEPTIONS
R5-17i
Zone Provisions:
- Parking may be permitted in the Front Yard adjacent to Lake Simcoe
- Notwithstanding Subsection 6.3, Table 6.7, for Apartment Dwellings, the Parking Area shall be permitted in the Front, Side, and Rear Yards
- Eastern Interior Side Yard Setback (min) – 2.6m to the above surface portion of the underground parking garage, main structure shall be set back the required distance of 6.0m (min)
- Building Height (max) - 32.0 m (8 storeys)
Schedule “A-1” attached forms part of this By-law.
This By-law shall take effect as of ●[Date of OLT Order], subject to the provisions of the
Planning Act, R.S.O. 1990, Chap. P.13 as amended.
Pursuant to the Ontario Land Tribunal Decision issued on ● and Order issued on ● in
Tribunal File No. OLT-24-000131.
Schedule A-1 TO BY-LAW NUMBER 2024-XX
City of Orillia
625 & 643 Atherley Road, & 642
Schedule A-1
Driftwood Road
Enacted and passed the XXth day of XX Month, XX Year.
Lands rezoned “Residential Four Intensification Exception One” (R4-1i) Zone to “Residential Five
Intensification Exception Seventeen” (R5-17i) Zone
Lands rezoned “Mixed Use Intensification (C4i) Zone to “Residential Five Intensification Exception Seventeen” (R5-17i) Zone
Lands rezoned “Residential Two Intensification (R2i) Zone to “Residential Five Intensification Exception Seventeen” (R5-17i) Zone