Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 30, 2021

CASE NO(S).: PL190515

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Huntingwood Trails (Collingwood) Ltd.

Subject: Application to amend Zoning By-law No. 2010-040 - Refusal or neglect of Town of Collingwood to make a decision

Existing Zoning: Rural, Environmental Protection

Proposed Zoning: Residential R3, Environmental Protection, Recreational, Commercial

Purpose: To permit a 170 unit subdivision development

Property Address/Description: Part of Lots 47, 48 and 49, Concession 12

Municipality: Town of Collingwood

Municipality File No.: D14211

OLT Case No.: PL190515

OLT File No.: PL190515

OLT Case Name: Huntingwood Trails (Collingwood) Ltd v. Collingwood (Town.)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Huntingwood Trails (Collingwood) Ltd.

Subject: Proposed Plan of Subdivision - Failure of Town of Collingwood to make a decision

Purpose: To permit a 170 unit subdivision development

Property Address/Description: Part of Lots 47, 48 and 49, Concession 12

Municipality: Town of Collingwood

Municipality File No.: D1201111

OLT Case No.: PL190515

OLT File No.: PL190516

Heard: May 13, 2021 by video hearing

APPEARANCES:

Parties	Counsel
Town of Collingwood (“Town”)	Eric Davis
Huntingwood Trails (Collingwood) Ltd. (“Applicant”/“Appellant”)	Susan Rosenthal Jamie Cole
County of Simcoe (“County”)	Marshall Green
Nottawasaga Valley Conservation Authority (“NVCA”)	Sarah Hahn
Chris Mifflin Chris Krolow Paul Neate (“Individuals”)	Leo Longo
Silver Glen Condo Corporation (“SGCC”)	Colin Leger

MEMORANDUM OF ORAL DECISION DELIVERD BY JATINDER BHULLAR ON MAY 13, 2021 AND ORDER OF THE TRIBUNAL

1This was the first Case Management Conference (“CMC”) held as a video hearing (“VH”). Huntingwood Trails (Collingwood) Ltd. (the “Applicant/Appellant”) has property located in the Town of Collingwood (“Town”), comprised of Part of Lots 47, 48 and 49, Concession 12 (the “Subject Lands”).

2Since the first CMC, the Applicant/Appellant have worked on a descoped appeal. Whereas originally two areas comprised the development, the Applicant/Appellant will pursue this appeal as per draft proposal in Attachment 1

3Based on consent of all the parties and descoping of the appeal, the Tribunal determined that a new notice for these appeals is not required under the Act.

PARTY STATUS

4SGCC has a complex in the vicinity of the subject properties and has continuing interest in spite of the descoping of appeals. SGCC has satisfied the requirements set at the first CMC for granting of provisional party status. The Tribunal grants party status to SGCC.

5A party status request was previously presented by Mr. Longo on behalf of three persons, Chris Mifflin, Chris Krolow, and Paul Neate (“Individuals”). They were granted provisional party status at the last CMC. The requisite conditions have been met through information submitted to the Tribunal as required and the party status is granted. Mr. Longo previously confirmed that even though he has separate retainers signed with each of the Individuals he will coordinate and present a joint case in this matter.

IDENTIFICATION OF ISSUES IN THE APPEALS AND PROCEDURAL ORDER

6The Applicant/Appellant reviewed their descoped proposal. It was determined during discussion and inputs from all other parties that a greater detail including revised descoped area maps are needed. The Applicant/Appellant was directed to provide updated Area 1 mapping to all parties and the Tribunal by June 14, 2021. This has since been received by the Tribunal and forms part of Attachment 1 to this decision.

7In review of future plans for the descoped appeal, the parties requested that a follow-up CMC be set. The parties agreed to bring forth a draft Procedural Order for review and finalization at the next CMC inclusive of revised Issues List.

8The Tribunal set a follow-up CMC for Monday, September 27, 2021 at 10a.m. to be held via video.

9Parties and participants 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:

https://global.gotomeeting.com/join/289261493

Access code: 289-261-493

10Parties and participants 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

11Persons 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: (647) 497-9391 or Toll Free 1 888 455 1389. The access code is 289-261-493.

12Individuals 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 CMC 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.

13This Member will continue to assist with case management as necessary and permitted by the Tribunal’s calendar.

14There will be no further notice.

15The directions in this decision are so ordered.

“Jatinder Bhullar”

JATINDER BHULLAR

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.

ATTACHMENT 1

DESCOPED APPEAL DRAFT PROPOSAL

EXPLANATORY NOTE

TO THE CORPORATION OF THE TOWN OF COLLINGWOOD BY-LAW NO. 2021-

By-law No. 2021- is a By-law under the provisions of Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, for prohibiting the use of land for or except for such purposes as may be set out in the By-law.

The purpose and effect of the proposed Zoning By-law Amendment is to re-zone the subject lands from Residential First Density Exception Twelve – R1-12 Zone, (Holding Zone 1) Rural Exception Three – (H1)RU-3, Rural - RU, and Environmental Protection - EP Zones to Residential Third Density Exception AA – R3-AA, Residential Third Density Exception BB – R3-BB, Residential Third Density Exception CC – R3-CC and Environmental Protection - EP Zones. The effect of the proposed Zoning By-law Amendment is to implement the development of eighty-six (86) single detached dwellings (inclusive of one future development block accommodating a maximum of seven (7) single detached dwellings), fourteen (14) semi-detached dwellings, one (1) stormwater management facility, two (2) open space blocks and one (1) environmental protection area block.

BY-LAW NO. 2021- OF THE

CORPORATION OF THE TOWN OF COLLINGWOOD

BEING A BY-LAW UNDER THE PROVISION OF SECTION 34 OF THE

PLANNING ACT, R.S.O. 1990, c.P.13, AS AMENDED

WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, permits a Council to pass a by-law prohibiting the uses of land, buildings or structures within a defined area or areas;

AND WHEREAS Collingwood Zoning By-law No. 2010-40 is the governing By-law of the Corporation of the Town of Collingwood and such was finally passed by the Council of the Town of Collingwood on April 12, 2010;

AND WHEREAS the Ontario Land Tribunal has deemed it advisable to amend Collingwood Zoning By-law No. 2010-40 and thus implement the Official Plan of the Town of Collingwood, more specifically the Official Plan as amended by OMB Decision dated July 31, 2014 for file PL120784;

NOW THEREFORE THE ONTARIO LAND TRIBUNAL ENACTS AS FOLLOWS:

1THAT Schedule ‘A’ – Map 2 of Collingwood Zoning By-law No. 2010-40, as amended, is hereby further amended as it pertains to lands shown more particularly on Schedule ‘A’, affixed hereto and forming part of this By-law, by re-zoning said lands from Residential First Density Exception Twelve – R1-12 Zone, (Holding Zone 1) Rural Exception Three – (H1)RU-3, Rural - RU, and Environmental Protection - EP Zones to the: Residential Third Density Exception AA – R3-AA, Residential Third Density Exception BB – R3-BB, Residential Third Density Exception CC – R3-CC and Environmental Protection - EP Zones.

2THAT Section 6.5 titled ‘Residential Exception Zones’ of Collingwood Zoning By-law No. 2010-40, as amended, is hereby amended in part by adding the zone classification Residential Third Density Exception AA – R3-AA Zone in proper sequence, as follows:

“Residential Third Density Exception AA – R3- AA

Uses shall be limited to Single Detached Dwellings. The following zone exceptions shall apply:

Maximum Lot Coverage (bungalow and other than a bungalow): 50%”

3THAT Section 6.5 titled ‘Residential Exception Zones’ of Collingwood Zoning By-law No. 2010-40, as amended, is hereby amended in part by adding the zone classification Residential Third Density Exception BB – R3- BB Zone in proper sequence, as follows:

“Residential Third Density Exception BB – R3- BB

Uses shall be limited to Single Detached Dwellings and Semi-Detached Dwellings. The following zone exceptions shall apply:

Maximum Lot Coverage (bungalow and other than a bungalow): 50%”

4THAT Section 6.5 titled ‘Residential Exception Zones’ of Collingwood Zoning By-law No. 2010-40, as amended, is hereby amended in part by adding the zone classification Residential Third Density Exception CC – R3- C Zone in proper sequence, as follows:

“Residential Third Density Exception CC – R3- CC

Uses shall be limited to Single Detached Dwellings.

A maximum of 7 single detached dwellings shall be permitted. The following zone exceptions shall apply:

Maximum Lot Coverage (bungalow and other than a bungalow): 50%”

5THAT Zoning By-law 2010-40 is hereby amended to give effect to the foregoing, but Collingwood Zoning By-law No. 2010-40 shall in all other respects remain of full force and effect.

6THAT this By-law shall come into full force and effect on the date it is approved by the Ontario Land Tribunal.

ENACTED AND PASSED this day of , 2021.

This is Schedule ‘A’ to By-law No. 20 - enacted and passed the day of , 20 .