Take Notice that the Town of Collingwood Council refused an application for an Official Plan Amendment and Zoning By-law Amendment on February 21, 2024 under Sections 22 and 34 of the Planning Act.
Location: 5 Silver Creek Drive, Collingwood
(Huntingwood Trails Collingwood – East Lands)
The proposed development is located on the south side of Highway 26 West.
Legal Description: Part of Lots 47, 48 and 49, Concession 12; Town of Collingwood, County of Simcoe
Area: Approximately 29 hectares
The Purpose and Effect of the proposed Official Plan Amendment is to modify existing policies to maintain the ability to provide vehicular access and servicing from the adjacent residential lands to the east while also providing opportunity for vehicular access and servicing from the lands to the west.
The Purpose and Effect of the proposed Zoning By-law Amendment is to rezone portions of the subject lands from Environmental Protection (EP), Deferred Development – Residential (DR), and Rural (RU) to a variety of Residential Exception zones to facilitate a residential development.
Public and Agency Comments Received:
All written submissions received in response to the application were considered, the effect of which helped to make an informed recommendation and decision as summarized in Staff Report P2024-04. Written correspondence received following the Committee of the Whole meeting was circulated to Council and reviewed by staff. Pursuant to Section 22(3) of the Planning Act, a Public Meeting was not held.
Reasons for Refusal:
For the reasons set out in Staff Report P2024-04, Council has refused the application for concurrent Official Plan and Zoning By-law Amendments. Significant and extensive technical comments pertaining to transportation (potential Highway 26 Bypass), natural heritage, and natural hazard matters were received in response to the subject applications and these significant matters, along with strong potential for Indigenous Communities’ involvement in the subject applications, could not be addressed within the statutory timeframes provided for under the Planning Act. Town staff and agencies were unable to determine consistency or conformity to the relevant planning instruments without significant update to the supporting materials. Furthermore, establishing the principle of development subject to provisions or conditions to confirm consistency or conformity of the proposal to the applicable land use planning instruments and the technical viability of the development would not represent good planning.
When and How to File an Appeal:
An appeal of the decision of the Town of Collingwood Council to the Ontario Land Tribunal (OLT) must be filed with the Town of Collingwood no later than 20 days after the date of this notice. The last date of appeal is March 21, 2024. The appeal must be filed with the Clerk, Town of Collingwood, P.O. Box 157, 97 Hurontario Street, Collingwood, Ontario L9Y 3Z5. The appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal as prescribed under the Ontario Land Tribunal Act. A copy of the appeal form is available on the OLT’s website.
Who Can File an Appeal:
The applicant or the Minister may appeal the Town of Collingwood Council’s refusal of the requested Official Plan Amendment and Zoning By-law Amendment to the OLT in respect of all or any part of the requested amendment by filing a notice of appeal with the Clerk of the Town of Collingwood.
No person or public body shall be added as a party to the hearing of the appeal unless, before the requested Official Plan Amendment and Zoning By-law Amendment were refused, the person or public body made oral submissions at a public meeting, if any, or written submissions to Council or, in the opinion of the OLT, there are reasonable grounds to add the person or public body as a party.
Additional Information:
More information about this matter, including information about your appeal rights, is available during regular office hours: Monday to Friday between 8:30 a.m. and 4:30 p.m. by contacting:
Lindsay Ayers, Manager, Planning
layers@collingwood.ca or 705-445-1030 Ext. 3276 or in-person by appointment only.