TOWN OF COLLINGWOOD

COUNCIL AGENDA PLANNING AND DEVELOPMENT

March 29, 2010

"Inspire confidence, wonder and a sense of possibility – deliver today’s services and realize tomorrow’s promise."

A meeting of Municipal Council with regard to planning and development matters will be held Monday, March 29, 2010 in the Council Chambers, Town Hall, Collingwood commencing at 5:00pm. ORDER OF BUSINESS

1. CALL OF COUNCIL TO ORDER 2. ADOPTION OF AGENDA

RECOMMENDING THAT the content of the meeting of Council – Planning and Development agenda for March 29, 2010 be adopted as presented.

3. DECLARATIONS OF PECUNIARY INTEREST AND/OR RECEIPT OF GIFT (over $200) 4. DEPUTATIONS - NIL

5. DEVELOPMENT COMMITTEE MINUTES/REPORTS

THAT the following minutes be hereby received: Development Committee Minutes (DC-2010-01, Medical Office of Cindy Lewis, 252

Hurontario Street, 1st Submission) March 3, 2010 (p.3)

6. STAFF REPORTS P2010-05 Amending Zoning By-law No. 2010-036, Removal of the Holding “H” symbol

Project Name: Pretty River Estates (Delpark Homes) 7508 Poplar Sideroad, Town of Collingwood, County of Simcoe (p.9)

RECOMMENDING THAT Council enact and pass amending Zoning By-law No. 2010-036 to remove the Holding “H” symbol from the residential zones of the Pretty River Estates Plan of Subdivision and thus permit construction of dwelling units to commence. THAT By-law No. 2010-036, being a By-law under the provision of Sections 34 and 36

of the Planning Act, R.S.O. 1990, c. P.13, as amended, be enacted and passed this 29th day of March, 2010. (p.17)

P2010-06 New Collingwood Zoning By-law, Town File No. Z-2009-10

Zoning By-law No. 2010-040 (p.19) RECOMMENIDING THAT Council receive Staff Report P2010-06 and the Collingwood Zoning By-law;

AND FURTHER THAT Council consider enacting and passing Collingwood Zoning By-law No. 2010-040 at its next regular Council meeting scheduled for April 12, 2010.

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March 29, 2010 Council Planning and Development Agenda - Page 2 of 2

P2010-07 Town of Collingwood: Committee of Adjustment 2009 Review (p.24)

RECOMMENDING THAT Council receive Staff Report P2010-07, for information. C2010-06 Landlocked Property located between Ninth and Fair Streets

ARN 433107000213000 (p.31)

RECOMMENDING THAT Council approve Staff Report C2010-06 and further declare the property legally described as Lots 4 and 5 in the rear of Lots 4 and 5 S/S Ninth Street, Plan 45, Collingwood (PIN 58271-0011/ARN 433107000213000) as surplus to the needs of the municipality.

7. MOTIONS

8. BY-LAWS

9. NOTICE OF MOTIONS

10. OLD or DEFERRED BUSINESS

11. OTHER BUSINESS

Urban Design, Review of Sections 6 - 10, Robert Voigt, Community Planner

12. ADJOURNMENT

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REPORT #: P2010-05 DATE: March 29, 2010 SUBMITTED TO: Council SUBMITTED BY: Nancy Farrer,

Acting Director of Planning Services SUBJECT: Amending Zoning By-law No. 2010-036

Removal of the Holding “H” symbol Town File No. Z-2010-02 - Pretty River Estates Project Name: Pretty River Estates (Delpark Homes) Location: Registered Plan 51M-945 Town of Collingwood, County of Simcoe 7508 Poplar Sideroad

1. RECOMMENDATION:

• That Council enact and pass amending Zoning By-law No. 2010-036 to remove the Holding “H” symbol from the residential zones of the Pretty River Estates Plan of Subdivision and thus permit construction of dwelling units to commence.

2. SUMMARY AND BACKGROUND:

Synopsis of Proposal The purpose of Zoning By-law No. 2010-036 is to remove the Holding “H” symbol from those lands currently zoned Holding Residential Second Density Exception(‘H’R2-36), Holding Residential Fourth Density Exception Thirteen (‘H’R4-13), and Residential Fourth Density Exception Fourteen (‘H’R4-14). The effect of the By-law is to permit the construction of single detached and semi-detached dwellings in the Pretty River Estates Registered Plan of Subdivision. In accordance to Zoning By-law No. 87-61 as amended by Zoning By-law No. 2005-069 and 2010-024, in order for the Holding “H” provision to be removed from the land use zone, it must be confirmed to Council’s satisfaction that two (2) conditions have been completed for the proper and orderly development of the property.

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Property Description The proposed Zoning By-law Amendment pertains to the 217 unit Liberty/Pretty River Estates draft approved plan of subdivision (Town File No. SDR – 2001-02) located on the north of Poplar Sideroad and east of Hurontario Street. A total of 129 single detached dwellings and 88 semi-detached dwelling units are proposed. The subdivision property has a total lot area of approximately 27.57 hectares (68.12 ac), is legally described as Part of the South Half of Lot 40, Concession 8, former Township of Nottawasaga, now Town of Collingwood, County of Simcoe, and is known municipally as 7508 Poplar Sideroad. The subject lands are owned by Liberty Development and Delpark Homes, the Applicant for the Zoning By-law Amendment. The plan of subdivision, 51M-945, was registered on November 27, 2009 (Instrument no. SC785264). Notice Notice regarding this amending Zoning By-law application was provided as required under the Planning Act on Friday March 5, 2010. Matters of Provincial Interest Section 2 of the Planning Act requires that regard be given to matters of provincial interest. Upon having regard to the criteria itemized in Section 2 of the Planning Act it is the opinion of Senior Staff that amending Zoning By-law No. 2009-063, if enacted and passed, would have proper regard for this subsection of the Planning Act. Provincial Policy Statement (2005) Section 3(5) of the Planning Act states that any planning decision rendered must be consistent with the Provincial Policy Statement (PPS). It is the opinion of Senior Staff that amending Zoning By-law No. 2010-036, if enacted and passed, is consistent with the PPS. Growth Plan for the Greater Golden Horseshoe The Growth Plan for the Greater Golden Horseshoe area plans and manages growth to support a strong economy and to build complete communities, while emphasizing intensification. Senior Staff is satisfied that amending Zoning By-law No. 2010-036, if enacted and passed, is consistent with the policies of the Growth Plan for the Greater Golden Horseshoe area. County of Simcoe Official Plan Schedule 5.1 entitled Land Use Designations of the County of Simcoe Official Plan, as amended, identifies the Town of Collingwood as a Settlement. The County of Simcoe Official Plan contains policies encouraging development to occur in areas designated as Settlement.

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Generally, the County of Simcoe does not provide any comments related to site specific Zoning By-law Amendment proposals within registered plans of subdivision within municipal settlement areas. However, Senior Staff is of the opinion that amending Zoning By-law No. 2010-036, if enacted and passed, will maintain the general intent and purpose of the County of Simcoe Official Plan. Town of Collingwood Official Plan Schedule “A” entitled Land Use Plan of the Town of Collingwood Official Plan identifies the subject property as being designated Residential and further defined as Low Density on Schedule ‘C’ entitled Residential Density Plan in the Town of Collingwood Official Plan, as amended. Senior Staff advise that amending Zoning By-law No. 2010-036, if enacted and passed, will maintain the general intent and purpose of the Town of Collingwood Official Plan. Amending Zoning By-law No. 2010-036 As noted, the subject lands are zoned Holding Residential Second Density Exception(‘H’R2-36), Holding Residential Fourth Density Exception Thirteen (‘H’R4-13) and Holding Residential Fourth Density Exception Fourteen (‘H’R4-14). The ‘H’R2-36 and ‘H’R3-13 zones permit singled detached dwellings on 15 metre and 13.5 minimum lot frontages and the ‘H’R4-14 zone permits semi-detached dwellings on lots with 18 metre frontages (i.e. 9 metres per unit) On February 22, 2010 Council enacted and passed amending Zoning By-law No. 2010-024. The principal effect and purpose of this by-law was to rezone the lands to allow for greater lot coverages for the planned single and semi-detached dwelling units. This by-law is now through its twenty day appeal period, no appeals were received, and it is in full force and effect. Once the Holding “H” symbol is removed (if amending Zoning By-law No. 2010-036 is approved and enacted - see Appendix “A”) the applicable zoning would be Residential Second Density Exception(R2-36), Holding Residential Fourth Density Exception Thirteen (R4-13) and Holding Residential Fourth Density Exception Fourteen (R4-14). Conditions to Remove the Holding Zone In order for the Holding “H” provision to be removed from the R2-36, R4-13, and R4-14 Zones, thereby permitting the development of the subject property; Council must first be assured that two (2) conditions have been satisfied:

1. the Town’s Subdivision Agreement has been signed, executed and registered on title; and

2. confirmation of available servicing capacity and that all services have been constructed and are operational to or on the site.

Planning Services staff confirm that a Plan of Subdivision, 51M-945, was signed, executed and finally registered on November 27, 2009 (Instrument no. SC785264).

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Additionally, confirmation has been provided by the Town’s Managers of Engineering Services and Water Services that servicing capacity is available for the subject lands, and that all services have been constructed and are operational to or on the site. Based on the above analysis and the satisfactory fulfillment of the Holding provision conditions, Senior Staff can advise Council that it is now appropriate to remove the Holding “H” symbol from those lands currently zoned Residential Second Density Exception(R2-36), Holding Residential Fourth Density Exception Thirteen (R4-13) and Holding Residential Fourth Density Exception Fourteen (R4-14) as identified on Schedule “B” of amending Zoning By-law No. 2005-069. It is recommended that Council enact and pass amending Zoning By-law No. 2010-036. 3. SUSTAINABILITY CONSIDERATIONS:

Sustainability Check List:

1. Is this item currently identified in the SCP or Strategic Plan? Yes No

2. Does it fulfill the sustainability mission/vision of the Town of Collingwood? Yes No

3. Is regulatory compliance mandatory? Yes No If yes, proceed to #1 next

section. The development of the site is bound by a Subdivision Agreement, as per Section 51 of the Planning Act (Subdivision of Land), implementing Zoning By-law Amendment, as per Section 34 of the Planning Act (Zoning) and the requirements of the Ontario Building Code.

4. Negative impacts on any of the four (4) sustainability pillars (economic, social, environmental, cultural)? Regulatory compliance is mandatory, sustainability pillars not assessed. Social Yes No Explain:          

Cultural

Yes No Explain:          

Environmental

Yes No Explain:          

Economic

Yes No Explain:          

5. Is funding available from external source(s)? Or is funding committed from internal source(s)? Yes No If yes, proceed to next section # 1. Regulatory compliance is mandatory, funding not assessed.

6. Does it advance other initiatives? Yes No Regulatory compliance is mandatory, initiatives not assessed.

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Total Score:

1. Regulatory compliance is mandatory or funding is available (If so, action will automatically receive 6 points): 6

2. Positive impacts on sustainability pillars (up to 4 points): 3. Action advances other initiatives (1 point):

Total Score: 6 4. CONCLUSIONS:

For actions that score 4 points, or higher it is recommended that they proceed.

Action to proceed Action not to proceed at this time

5. DISCUSSION:

• The Amending Zoning By-law No. 2010-036 has proceeded under the requirements of the Planning Act and in conformity with the Town of Collingwood Official Plan.

• The Amending Zoning By-law No. 2010-036 will allow the applicant to begin constructing single detached and semi-detached dwelling units within the Pretty River Estates Plan of Subdivision.

• There are no risks anticipated with this Amending Zoning By-law proceeding.

6. DEPARTMENT HEAD REVIEW:

• This Staff Report was forwarded to Department Heads on March 16th, 2010 for comment. Senior Staff did not identify any concerns and it was recommended that the Report be forwarded to Council for consideration.

7. EFFECT ON TOWN FINANCES:

• Current Year: None • Future Years: building permit fees, development charges, municipal taxation • Costs associated with the development are borne by the developer.

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8. DISPOSITION:

• The proposed amending of the Zoning By-law Amendment for the Pretty River Estates subdivision to remove the Holding ‘H’ provisions assist in implementing the policies of the Town of Collingwood Official Plan which has identified this area as being suitable for residential development. Monitoring of the development will be controlled through the provisions of the pending Subdivision Agreement.

9. APPENDICES:

None Attached

A Location Map B Registered Plan of Subdivision C Amending Zoning By-law No. 2010-036

Respectfully submitted,

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Appendix A Location Map and 2008 Aerial Photograph

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Appendix B Registered Plan of Subdivision (51M-945)

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BY-LAW No. 2010-036 OF THE

CORPORATION OF THE TOWN OF COLLINGWOOD

BEING A BY-LAW UNDER THE PROVISION OF SECTIONS 34 AND 36 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 use of land, buildings or structures within a defined area or areas; AND WHEREAS Section 36 of the Planning Act, R.S.O. 1990, c. P.13, as amended, permits a Council to pass a by-law to specify the use to which lands, buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law; AND WHEREAS Zoning By-law No. 87-61 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 October 26, 1987; AND WHEREAS the Council of the Corporation of the Town of Collingwood has deemed it advisable to amend Zoning By-law No. 87-61, and thus implement the Official Plan of the Town of Collingwood; AND WHEREAS it has been confirmed to Council that all of the conditions required for the orderly development of the subject lands has been completed to the satisfaction of the Town; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF COLLINGWOOD ENACTS AS FOLLOWS: 1. THAT Schedule “X” of Zoning By-law No. 87-61 is hereby amended in accordance with Schedule ‘A’

attached hereto, by removing the holding “H” provision in front of the RESIDENTIAL SECOND DENSITY EXCEPTION THIRTY-SIX (R2-36) ZONE, the RESIDENTIAL FOURTH DENSITY EXCEPTION THIRTEEN (R4-13) ZONE and the RESIDENTIAL FOURTH DENSITY EXCEPTION FOURTEEN (R4-14) ZONE.

2. THAT Zoning By-law No. 87-61 is hereby amended to give effect to the foregoing, but Zoning By-law

No. 87-61 shall in all other respects remain in full force and effect. 3. THAT this By-law shall come into force and effect on the date it is enacted and passed by the

Council of the Corporation of the Town of Collingwood. ENACTED AND PASSED this 29th day of March, 2010.

______________________ MAYOR

______________________

CLERK

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POPLAR SIDEROAD

LEGENDRemoval of the Holding "H" Symbol from the RESIDENTIAL SECOND DENSITY EXCEPTION (R2-36) ZONE

Ü

MAYOR CLERK

This is Schedule 'A' to By-law No. 2010-036 enacted and passed the 29th day of March 2010.

TOWN OF COLLINGWOODPlanning ServicesDWG DATE: March 17th, 2010 (RS)FILE NO: Z-2010-02\\toc-fs1\townhall\Planning\A PLANNING\APlanning Applications\OPA

Removal of the Holding "H" Symbol from the RESIDENTIAL FOURTH DENSITY EXCEPTION (R4-13) ZONE

Removal of the Holding "H" Symbol from the RESIDENTIAL FOURTH DENSITY EXCEPTION (R4-14) ZONE

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REPORT #: C2010-06 DATE: March 29, 2010 SUBMITTED TO: Mayor and Council SUBMITTED BY: Sara Almas, Clerk SUBJECT: Landlocked Property located

between Ninth and Fair Streets ARN 433107000213000

1. RECOMMENDATION: THAT Council approve Staff Report C2010-06 and further declare the property legally described as Lots 4 and 5 in the rear of Lots 4 and 5 S/S Ninth Street, Plan 45, Collingwood (PIN 58271-0011/ARN 433107000213000) as surplus to the needs of the municipality.

Clerk Services to oversee implementation including notice, sale of land and land registration.

2. SUMMARY AND BACKGROUND: The Clerks Department has received proposals to purchase a landlocked portion of property identified in Appendix 9.1 which has been in the Town’s ownership since 1955. On December 14, 2009, Staff Report C2009-30 was considered by Council to discuss the proposals received and the course of action to be taken with respect to the disposal of the subject property. At its meeting on December 14, 2009, Council requested notice be provided to all abutting land owners of the landlocked property to determine the amount of interest in purchasing the subject property. A letter was provided to all property owners surrounding the subject property on February 3, 2010. Interest has been received.

3. SUSTAINABILITY CONSIDERATIONS:

Sustainability Check List:

1. Is this item currently identified in the SCP or Strategic Plan? Yes No

2. Does it fulfill the sustainability mission/vision of the Town of Collingwood? Yes No

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3. Is regulatory compliance mandatory? Yes No If yes, proceed to #1 next section.

4. Negative impacts on any of the four (4) sustainability pillars (economic, social,

environmental, cultural)? Social Yes No Explain:           Cultural Yes No Explain:           Environmental Yes No Explain:           Economic Yes No Explain:          

5. Is funding available from external source(s)? Or is funding committed from internal source(s)? Yes No If yes, proceed to next section # 1. Depending on the purchaser, the majority of the costs associated with the sale of the subject lands would be incurred by the purchaser.

6. Does it advance other initiatives? Yes No Total Score:

1. Regulatory compliance is mandatory or funding is available (If so, action will automatically receive 6 points): 0

2. Positive impacts on sustainability pillars (up to 4 points): 2

3. Action advances other initiatives (1 point): 1

Total Score: 3 4. CONCLUSIONS:

For actions that score 4 points, or higher it is recommended that they proceed.

Action to proceed

By selling the landlocked property, the municipality will receive nominal funds, reduce liability, and dispose of a small parcel of land that is not developable nor fronts on an open public road.

5. DISCUSSION:

Benefits/Risk The subject property is landlocked, having no direct purpose or benefit to the municipality. The Town does not have any direct access to the property and would require an easement to

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maintain the property (i.e. lawn maintenance and grass cutting, tree trimming, etc) or to use the property in any other manner. Without proper access to the property, potential liability issues are a major concern. The potential for personal injuries and property damage are very realistic as it is currently being used freely and maintained by the surrounding property owners. Planning Services agrees there is no benefit for the municipality to maintain ownership of this landlocked property. Even though the sale of the subject property could cause an irregular shaped lot, the disadvantages of a landlocked property outweighs an irregular shaped lot with respect to good planning practices. Assessed Value The Municipal Property Assessment Corporation has assessed the property at $72,000 which has never been requested for reconsideration as it has been municipally owned. Recommendation As the property does not hold any direct benefit to the Town, Staff recommend the property be declared surplus to the needs of the municipality. If Council wishes to pursue disposing of the subject property, a public process including public advertising would be required as per By-law 03-42 including notice to all abutting land owners to provide an equal opportunity for them to express their interest in purchasing a portion of the subject property and ensure a fair and open process with respect to the disposal of municipal land. In accordance to By-law 03-42, the Town is not required to obtain an appraisal as the property being offered for sale does not have direct access to a highway and is intended to be sold to an owner of land abutting the subject property. Staff further recommend the purchase price of the subject property reflect the highest market value identified in the proposed offers of interest. 6. DEPARTMENT HEAD REVIEW:

• Discussed at Department Heads on March 16, 2010, and staff recommended

proceeding with the disposal of the subject property.

7. EFFECT ON TOWN FINANCES:

• Depending on the purchaser, costs associated with ongoing maintenance of the subject property or replanting and relocation of two trees would require review and possible negotiation. All other costs would be recovered by the purchaser.

8. DISPOSITION:

• Clerk Services would be responsible for the land sale process including notification requirements, survey and appraisal requirements, agreements, and registration.

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9. APPENDICES:

None

Attached

9.1 Location Map

SIGNATURE

____________________

Sara Almas, Clerk Town of Collingwood

Prepared with the assistance of Deputy Clerk, Becky Dahl.

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Appendix 9.1

Subject Lands (ARN 4331-070-002-13000)

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