The town has its eyes set on the April 2022 deadline to lift the interim control bylaw pausing new development, so now it’s crunch time to firm up all the policies needed to make sure the town’s water supply is protected once the bylaw is lifted.
Still, if someone appeals a piece of the new servicing capacity allocation framework, the town's development freeze could be extended.
The control bylaw was passed in April 2021 by council after staff announced the current water treatment plant could not produce enough water to meet the expected demand caused by growth over the next five years leading up to the planned expansion of the water treatment plant.
At time of the vote, the town indicated it was a one-year moratorium with the possibility of another year's extension while the town worked on new policies for allocating water to development.
Among those new policies is a three-part framework for allocating town services to new development as part of the application process. Two of the three parts would need to be approved over the next couple of months if the development freeze is to be lifted in April 2022 as originally planned.
Now, council is hoping a small delay will prevent a larger one.
During Tuesday’s (Feb. 22) council meeting, councillors voted to defer approving a piece of the framework – the zoning bylaw amendment – in hopes that adding clarity to other parts of the framework could prevent possible Ontario Land Tribunal appeals of the zoning bylaw amendment by developers.
Any appeal to the zoning bylaw amendment would put a halt on lifting the development freeze.
The proposed servicing capacity allocation framework is made up of three parts that are all currently making their way through the approval process ahead of the lifting of the town’s control bylaw pausing development.
The three parts work together in order to ensure that available water capacity is monitored and distributed responsibly in the time between when the development freeze is lifted and the new water treatment expansion is completed, which is currently estimated in 2025/26.
The first part, the servicing allocation framework policy (also called the water and wastewater allocation policy), is a merit-based system that would allocate points to a development applying for a building permit based on the inclusion of elements in their proposal such as green technology, affordable housing, mixed uses, water conservation measures, employment generation, natural heritage protection, walkability, active transportation and intensification. Up to 100 points are available under the merit-based system.
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A second round of public consultations on this part of the framework is slated to take place within the next few weeks. The servicing allocation framework policy is not subject to an appeal through the Ontario Land Tribunal.
The second part will be an amendment to the Official Plan. This element is not as time-sensitive and will be incorporated in the first draft of the town’s updated Official Plan later this year.
The third part, the zoning bylaw amendment, will provide the town with an ultimate safeguard where building permits cannot be issued unless adequate water and wastewater capacity is confirmed by the municipality as available.
In a previous meeting on Feb. 14, Mayor Brian Saunderson suggested the zoning bylaw amendment is the "underpinning" for the framework, creating legal support for the town to deny building permits based on water capacity.
The zoning bylaw amendment is subject to appeal through the Ontario Land Tribunal. Once the zoning bylaw amendment is passed by council, there is a 30-day appeal period, during which time anyone could file an appeal.
The control bylaw is expected to be lifted in April 2022, however if the zoning bylaw amendment is appealed at the Ontario Land Tribunal, the Planning Act dictates that the control bylaw (and therefore the development freeze) will continue to be in effect until the appeal is handled.
During Tuesday’s meeting, Coun. Yvonne Hamlin asked why it was important to defer approving the zoning bylaw amendment.
Director of Planning, Engineering and Environment Summer Valentine said a number of public comments were received on the zoning bylaw amendment piece, many of which were legal considerations. One of the legal questions was whether the land-use planning study had been completed.
“We wanted to take that potential future challenge off the table by confirming through a resolution at the next council meeting that the study has been completed,” said Valentine.
Also, Valentine said that members of the development community had come forward to suggest they would be hinging their decision on whether to file an appeal on the zoning bylaw amendment on the content of the servicing allocation framework policy.
By deferring the zoning bylaw amendment, the town can present and possibly have council approve the servicing allocation framework policy while the appeal period for the zoning bylaw amendment is still open, explained Valentine. Otherwise, there was potential for the appeal period to close before the final servicing policy was revealed or approved.
Hamlin expressed frustration with that approach.
“I don’t understand why we would be holding up our passage of the zoning bylaw to allow them to look at the allocation (policy),” said Hamlin. “What I’m concerned about is, people will not like certain parts of the allocation framework. They will appeal our bylaw to put leverage on not having our allocation framework approved.”
“We’ll end up at the Ontario Land Tribunal fighting about the bylaw but really, we’ll be fighting about the allocation (policy),” said Hamlin. “It will hold everything up.”
Valentine said those interested in the servicing capacity allocation policy could appeal the bylaw amendment if they didn’t know what the policy would look like, so the deferral would avoid that scenario.
“You are quite right. After they see the final version there are some who could be displeased with the content and could appeal. That risk exists either way. We’re trying to mitigate that risk,” said Valentine.
Council voted 4-1 in favour of a deferral until the Feb. 28 meeting. Coun. Hamlin was opposed. Coun. Bob Madigan and Mayor Brian Saunderson were absent.
The Feb. 28 meeting begins at 5 p.m. and can be live streamed on the Collingwood municipal meetings YouTube page.
