The city's "failure to make a decision" regarding a controversial Orchard Point project could prove costly.
In January, Coland Developments Corporation filed an Ontario Land Tribunal (OLT) appeal regarding a proposed 45-unit, eight-storey condominium development adjacent to Lake Simcoe near Orchard Point. Plans call for the height of the condo to begin at four storeys near Driftwood Road, and climb to eight storeys along Atherley Road.
During a public meeting last December, developers sought zoning bylaw amendments to permit an eight-storey building, a parking area adjacent to Lake Simcoe, and reduced interior side yard setbacks for an enclosed parking area.
Natalie Boodram, WSP planner for Coland, argued at the December public meeting that the city’s Official Plan, which designates the land as an intensification area, supersedes the site-specific zoning restrictions in place.
“It’s above the zoning bylaw, and the zoning bylaw is required to conform with the Official Plan, not the other way around,” she said. “The permissions that we are applying for through the zoning bylaw amendment is to be consistent with the Official Plan, (which) allows eight storeys as the maximum height.”
Ali Chapple, a senior planner with the city, also stated the subject land is within a designated intensification area and is not set to be included in the “down designation” planned for Orchard Point.
“These lands were already up-zoned for increased density more than 25 years ago, which was prior to the designating of Orchard Point (as an intensification area),” she said. “As such, the planning division has not included these lands in that review or that proposed removal.”
Following public outcry at the public forum, city council requested the developers consider a lower building height and density, and consider limiting vehicular access solely to emergency vehicles along Driftwood Road.
However, the developer contends their plans conforms to provincial growth plans and other relevant land-planning documents. They are appealing to a higher power as a result of the city's failure to provide a decision on the requested zoning bylaw amendments and site plan approval within legislative timeframes.
“More than 900 days have passed since the (zoning bylaw) application was deemed complete and more than 365 days have passed since the (site-plan) application was deemed complete,” notes the appeal filed on behalf of the developer by J. Pitman Patterson of Borden Ladner Gervais LLP, a Toronto law firm.
“City council has failed to make a decision regarding the applications,” concludes the appeal.
Council discussed the financial impact of its available options in a closed-session report on Monday, with a staff report noting the option to litigate — which will require external counsel — will require an initial budget of $100,000.
Although council adopted a confidential motion arising from the closed-session meeting, city officials are remaining tight-lipped about the actions it will take regarding the appeal.
Mayor Don McIsaac told OrilliaMatters the city does not comment publicly on litigation issues.
“Anything that comes up for litigation, we just don't comment on publicly,” McIsaac said.
-- With files from Dave Dawson
