Notice of Decision on Application for Approval of Draft Plan of Subdivision Under Subsection 51(37) of the Planning Act

Project Name: Sixth Street Residential Development
File No. D1201222
Location 560 and 580 Sixth Street
Date of Decision: December 18, 2023
Date of Notice: December 21, 2023
Last Date of Appeal: January 10, 2024

TAKE NOTICE that the Town of Collingwood Council granted draft approval on December 18, 2023 for a proposed Plan of Subdivision pursuant to Section 51(31) of the Planning Act.

LOCATION: 560 and 580 Sixth Street, Town of Collingwood, Simcoe County

Legal description: Part of Lot 42, Concession 10, Geographic Township of Nottawasaga, Town of Collingwood, County of Simcoe

Area: 6 hectares

The Draft Plan of Subdivision consists of one (1) High Density Residential Block, seventeen (17) Residential Townhouse Blocks, one (1) Future Residential Development Block, one (1) Park Block, one (1) 15.0 m Development Setback Block adjacent to Black Ash Creek, one (1) Road Widening Block, and six (6) 0.3 m Reserve Blocks.   

The proposed Plan of Subdivision has been granted Draft Approval subject to the fulfilment of certain conditions for a period of three (3) years and will lapse on December 18, 2026. The approval may be extended pursuant to Subsection 51(33) of the Planning Act, but no extension can be granted once the approval has lapsed unless the Town of Collingwood Council chooses to exercise its authority under Section 51(33.1) of the Planning Act. 

PUBLIC AND AGENCY COMMENTS RECEIVED

All written and oral 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 P2023-30. Correspondence received following the Committee of the Whole meeting was circulated to Council and reviewed by staff.

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 January 10, 2024. The appeal package should be sent to the attention of the Clerk, Town of Collingwood, P.O. Box 157, 97 Hurontario Street, Collingwood, Ontario L9Y 3Z5 and must:
1.    Set out the reasons for the appeal;
2.    Be accompanied by the fee required by the Tribunal as prescribed under the Ontario Land Tribunal Act; and
3.    Include the completed appeal forms from the Tribunal’s website.

WHO CAN FILE AN APPEAL

Only the applicant, public bodies, the Minister, and specified persons* may appeal a decision by the Town of Collingwood Council in respect of a proposed plan of subdivision to the OLT. 

No person or public body is entitled to appeal the decision of the Town of Collingwood Council nor shall they be added as a party to the hearing of the appeal of the decision of the Council, including the lapsing provisions or the conditions, unless the person or public body, before the decision of the Council, made oral submissions at a public meeting or written submissions to the Town of Collingwood, or made a written request to be notified of changes to the conditions or, in the OLT’s opinion, there are reasonable grounds to add the person or public body as a party. 

*Per subsection 1(1) of the Planning Act, a “specified person” means,
(a)  a corporation operating an electric utility in the local municipality or planning area to which the relevant planning matter would apply,
(b)  Ontario Power Generation Inc.,
(c)  Hydro One Inc.,
(d)  a company operating a natural gas utility in the local municipality or planning area to which the relevant planning matter would apply,
(e)  a company operating an oil or natural gas pipeline in the local municipality or planning area to which the relevant planning matter would apply,
(f)  a person required to prepare a risk and safety management plan in respect of an operation under Ontario Regulation 211/01 (Propane Storage and Handling) made under the Technical Standards and Safety Act, 2000, if any part of the distance established as the hazard distance applicable to the operation and referenced in the risk and safety management plan is within the area to which the relevant planning matter would apply,
(g)  a company operating a railway line any part of which is located within 300 metres of any part of the area to which the relevant planning matter would apply, or
(h)  a company operating as a telecommunication infrastructure provider in the area to which the relevant planning matter would apply; 

RIGHT OF APPLICANT, PUBLIC BODY, OR SPECIFIED PERSON TO APPEAL CONDITIONS

Per subsection 51(43) of the Planning Act, the following may, at any time before the approval of the final plan of subdivision, appeal any of the conditions imposed by the Town of Collingwood to the OLT by filing an appeal with the Town of Collingwood: the applicant; a public body or a specified person, that, before the approval authority made its decision, made oral submissions at a public meeting or written submissions to the approval authority; the Minister; or the municipality in which the subject land is located.

HOW TO RECEIVE NOTICE OF CHANGED CONDITIONS

The conditions of approval of draft plan of subdivision may be changed at any time before the final approval is given. 

You will be entitled to receive notice of any changes to the conditions of approval of the proposed plan of subdivision if you have made a written request to be notified of changes to the conditions.  

RELATED APPLICATIONS

Town of Collingwood Official Plan Amendment – By-law No. 2023-097 (File No. D084222). 
Town of Collingwood Zoning By-law Amendment – By-law No. 2023-098 (File No. D084222). 

ADDITIONAL INFORMATION

A copy of the decision, including the Draft Plan Conditions is available on this page of the Town’s website
  
Additional information about the application and 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 705-445-1290 Ext. 3276 or in-person by appointment only.

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