Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 11, 2021
CASE NO.: PL210031
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Dawson Drive (Collingwood) Holdings Inc.
Subject: Site Plan
Property Address/Description: 31 & 39 Dawson Dr. & 11317, 11313 & 11299 Hwy. 26
Municipality: Town of Collingwood
LPAT Case No.: PL210031
LPAT File No.: PL210031
LPAT Case Name: Dawson Drive (Collingwood) Holdings Inc. v. Collingwood (Town)
BEFORE:
M. ARPINO MEMBER
Wednesday, the 11th day of August, 2021
THIS MATTER having come before the Tribunal and in the Decision issued on July 8, 2021, the Tribunal approved the Settlement Site Plan for the property and withheld the Final Order pending being notified of the following:
a) Confirmation from the Town of an executed Site Plan agreement reflecting the Settlement Site Plan. The Town agrees to take a Site Plan agreement to Council as soon as reasonably possible, but in any event no more than 90 days of the date of this Order approving the Settlement Site Plan. The Site Plan agreement will contain clauses which ensure that the Site Plan agreement does not come into effect until such time as:
i. the Subject Property has either been exempted from the provisions of the Interim Control By-law (By-law No. 2021¬024) or that the land use planning study resulting from the Interim Control By-law (By-law No. 2021-024) has been completed and any resulting outcomes including, but not limited to, zoning by-law amendments have been determined to have no effect on the Settlement Site Plan, whichever occurs first; and
ii. the securities and fees are posted by the Appellant as required by the site plan agreement. The required securities and fees will not be required to be provided by the Appellant until the condition set out in subparagraph (i) above has been satisfied.
b) Confirmation from the Town that the Property has either been exempted from the provisions of the Interim Control By-law (By-law No. 2021024) or that the land use planning study resulting from the Interim Control Bylaw (By-law No. 2021- 024) has been completed and any resulting outcomes including, but not limited to, zoning by-law amendments have been determined to have no effect on the Settlement Site Plan, whichever occurs first. However, if it is determined that the zoning by-law amendment resulting from the Interim Control By-law (By-law No. 2021-024) does materially affect the Site Plan, the Town agrees that it will work with the Appellant to affect a solution that allows for the implementation of the Settlement Site Plan or, in the alternative, the Appellant shall be entitled to proceed back to the Tribunal for an adjudication of any issues in relation thereto.
AND THE TRIBUNAL having received confirmation from the parties that as of July 19, 2021, the subject development has been exempted from the provisions of Interim Control By-law 2021-024. In addition, on July 26, 2021, the Town of Collingwood passed the necessary by-law to permit the execution of the Site Plan Agreement and the Agreement has now been executed by the Parties and the necessary securities and fees have been posted. As such, the conditions that formed the basis of the Tribunal withholding its final Order in this matter have now been satisfied;
THE TRIBUNAL ORDERS that the Site Plan is approved.
“Becky Fong”
BECKY FONG REGISTRAR
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.