Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 09, 2021
CASE NO(S).: PL200276
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Blackmoor Gates GP
Subject: Application to amend Zoning By-law No. 2010-040 - Refusal or neglect of Town of Collingwood to make a decision
Existing Zoning: Residential Second Density Zone (R2) and Residential Second Density Zone Exception 13(R2-13)
Proposed Zoning: Residential Second Density Zone Exception XX (R2-XX)
Purpose: To permit the development of the property for cluster dwellings
Property Address/Description: Various Addresses
Municipality: Town of Collingwood
Municipality File No.: D14618 ZBA
OLT Case No.: PL200276
OLT File No.: PL200276
OLT Case Name: Blackmoor Gates GP v. Collingwood (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Blackmoor Gates GP
Subject: Site Plan
Property Address/Description: Various Addresses
Municipality: Town of Collingwood
OLT Case No.: PL200276
OLT File No.: PL200277
Heard: August 2, 2021 by video hearing
APPEARANCES:
Parties Counsel
Blackmoor Gates GP Kim Mullin Monica Poremba
Town of Collingwood Eric Davis
County of Simcoe Marshall Green
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON AUGUST 2, 2021 AND ORDER OF THE TRIBUNAL
1This was a settlement hearing in the matter of an appeal by Blackmoor Gates GP (“BG”) of the non-decision by the Town of Collingwood (“Town”) on BG’s application for a zoning by-law amendment regarding a proposed development at 33 Findlay Drive, 22 Campbell Street, and 750 and 774 Hurontario Street (“Site”) pursuant to s. 34(11) of the Planning Act, R.S.O. c. P.13 (“Act”).
2The land surrounding the Site is comprised primarily of single detached dwellings, with the exception of the Catholic Notre-Dame-De-La-Huronie French Elementary School abutting the lands to the southwest and Collingwood Collegiate Institute High School located to the north.
3In 2018, BG submitted their original applications for a Zoning By-Law Amendment (“ZBLA”) and Site Plan Approval (“Site Plan Approval”). The ZBLA proposed to rezone the Site to allow group or cluster dwellings and various site-specific zoning provisions to facilitate the proposed site plan. The proposal consisted of a total of 31 units (27 single detached and 4 semi-detached units) located around a private condominium road.
4In 2020, BG submitted a revised Zoning By-Law Amendment (“Revised ZBLA”) and revised draft Site Plan to address comments from the Town and the public. The revision would rezone the Site to a site-specific Residential Second Density Exception to permit a cluster form of single detached dwellings and various site-specific zoning exceptions to allow the development of 28 single detached dwelling, group or cluster units with a private condominium road (“Proposed Development”). The Revised ZBLA contains a holding provision pending Site Plan Approval and confirmation of water and wastewater servicing capacity and allocation.
5The Town failed to make a decision on the Revised ZBLA and Site Plan Approval and BG appealed the non-decision to the Tribunal pursuant to s. 34(11) and s. 41(12) of the Act.
6Subsequently in 2021, the Town passed Interim Control By-Law No. 2021-024 (“ICB”) in response to an identified shortage of drinking water servicing capacity which applies to all lands within the Town with some exceptions. The Site is subject to the ICB until the Town either exempts the Site, repeals the ICB or the ICB expires.
7The hearing on the merits of this appeal was scheduled for nine days commencing August 3, 2021. Shortly before the hearing, the parties informed the Tribunal that they had reached an agreement to resolve BG’s ZBLA appeal and requested that the hearing on the merits be converted to a one-day settlement hearing in accordance with the Minutes of Settlement presented and entered as Exhibit “2”.
8The Town and BG are jointly requesting that the Tribunal approve the Revised ZBLA, adjourn the Site Plan Approval sine die and withhold its Final Order pending notification from the Town that the Site has been exempted from the provisions of the ICB or that the ICB ceases to be in force or effect. The Revised ZBLA is attached as Schedule “A”. As such, the Settlement Hearing only considered the Revised ZBLA and did not consider the Site Plan Approval appeal.
THE SETTLEMENT HEARING
9Planning evidence and opinion to support the Revised ZBLA was provided by Kory Chisholm. Mr. Chisholm is a Registered Professional Planner and a full member of the Canadian Institute of Planners and the Ontario Professional Planners Institute and was qualified by the Tribunal to provide expert land use planning evidence.
10Mr. Chisholm provided detailed contextual and land use planning evidence and rationale to support the proposed settlement. Mr. Chisholm reviewed the Minutes of Settlement and Revised ZBLA and in his professional opinion, the Revised ZBLA attached as Schedule “A” constitutes good planning and conforms to all applicable planning policies.
11The Revised ZBLA has regard for matters of provincial interest as set out in s. 2 of the Act in the following manner: the Proposed Development is located within the built boundary of the Town, it makes efficient use of communication, transportation, sewage and water services, and waste management systems and it is within walking distance of the Town’s downtown core. In addition, given the proposed smaller single detached dwellings as part of a condominium, it supports the provision of a range of housing types and will take advantage of existing infrastructure, services and amenities.
12The Revised ZBLA is consistent with the Provincial Policy Statement, 2020 (“PPS”). The Proposed Development is within the Town’s settlement area, within the current built boundary and provides for residential intensification within an existing neighbourhood. It will enhance the mix and range of housing types and in the area making efficient use of available services and infrastructure. This represents an appropriate residential intensification within a settlement area.
13The Revised ZBLA conforms to the Growth Plan for the Greater Golden Horseshoe, 2020 (“GP”). The Proposed Development represents compact development and uses existing municipal infrastructure for water and wastewater servicing and transportation access. The Proposed Development represents compact built form in that it makes efficient use of land by providing smaller single detached units which are well connected with a private road. The provision of a greater range and mix of units and the condominium tenure of the Proposed Development contributes to the achievement of a complete community.
14The Revised ZBLA conforms to the County of Simcoe Official Plan (2016) (“County OP”). The Site is located within the Collingwood Primary Settlement Area, which is one of the five identified Primary Settlement Areas within the County OP. The Proposed Development directs growth and intensification within a settlement area, providing a diverse range of housing options and helps provide a more compact community that is transit supportive. Counsel for the Town and the County had expressed concern regarding waste collection as the proposed private road would not meet the County’s requirements in this regard. BG addressed these concerns and confirmed that private waste collection will be implemented in the Proposed Development.
15The Revised ZBLA conforms to the Town of Collingwood Official Plan (2019) (“Town OP”). The Proposed Development is aligned with the Town OP’s Growth Management Strategy as it will facilitate a compact urban form with walkable neighbourhoods and a range and mix of housing options for residents. The Site is well suited for residential intensification given the existing infrastructure and concentration of services. In addition, the Proposed Development provides a variety of buffering to neighbouring uses in the form of setbacks, fencing and landscaping.
16The Town’s Urban Design Manual (“UDM”) provides standards for achieving high quality urban design. The intent of the UDM is to ensure that development is consistent with the Town’s character and vision for the future. The Proposed Development implements the guidance found in the UDM in its building layout, landscaping and use of public spaces.
17The Revised ZBLA proposes to rezone the Site to Residential Second Density Exception Zone (R2-X). The Town’s R2 zone does not currently contain zone standards for group or cluster dwellings. As such, the zone standards for group or cluster dwellings from the R3 zone are proposed to apply to the R2-X zone. In addition, the Revised ZBLA reduces the minimum interior side yard setbacks from 6 metres to 5 metres in some places. The setback reduction is appropriate as additional buffering will be provided in the form of fencing, landscaping and the deep rear yards of adjacent properties. The Revised ZBLA is appropriate for the orderly development of the Site.
18The Revised ZBLA will include a holding provision to address the ICB. As such, the Town will not be in a position to issue a building permit for the Proposed Development until the Site has been exempt from the ICB or the ICB is no longer in effect.
19The Tribunal received written statements from two Participants. Many of the concerns related to site plan issues which will be dealt with at the Site Plan appeal stage. Several technical studies were conducted which demonstrated that the Proposed Development could function from a site servicing, stormwater management and traffic perspective without negatively impacting adjacent properties.
20The Revised ZBLA is consistent with the land use planning framework established in the PPS, and conforms to the GP, County OP, Town OP and UDM.
FINDINGS AND DISPOSITION
21The Tribunal accepts the uncontradicted planning evidence and opinions of Mr. Chisholm in whole in the disposition of the appeal of BG.
22The Revised ZBLA is consistent with the policy direction of the PPS and conforms to the directives of the GP and the policy intents of the County OP, the Town OP and the UDM. The Revised ZBLA has appropriate regard for matters of provincial interest and represents good planning, in the public interest.
ORDER
23THE TRIBUNAL ORDERS that the appeal is allowed in part and the Zoning By-law Amendment as set out in Schedule “A” to the Order, is hereby approved, subject to the fulfillment of the condition below.
24The Final Order will be withheld pending confirmation from the Town of Collingwood that the Subject Site has either been exempted from the provisions of the Interim Control By-law (By-law No. 2021-024) or that the Interim Control By-law ceases to be in force or effect.
25The Tribunal adjourns the related Site Plan Approval appeal sine die.
26The Panel Member will remain seized with respect to the Appeal of the Zoning By-law Amendment and may be spoken to concerning matters relating to this Order and the issuance of the Final Order. The Panel Member is not seized with respect to the Appeal relating to the Site Plan.
“C. Hardy”
C. HARDY
MEMBER
Ontario Land Tribunal
Website: www.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.
PL200276 – Schedule “A”