A development proposal for 100 homes built beside Silver Creek and the provincially significant Silver Creek Wetland can now go forward with conditions.
After nearly three years in limbo for an Ontario Land Tribunal process and appeal, the Huntingwood Trails case came to a resolution, which the Town of Collingwood called a "good outcome."
Through the agreement, the Huntingwood Trail (west lands) development can go forward with some modifications and conditions. Among those caveats is a requirement that the environmentally protected lands included in the developer's property be turned over to the town for "protection in perpetuity."
Huntingwood Trail's draft plan proposes 100 lots, including 86 single-detached units and 14 semi-detached dwellings, plus a stormwater management block and a section of property earmarked for seven more homes to be built in the future. None of the development will occur on wetlands, and all will be set back from Silver Creek.
The property is located at 5 Silver Creek Drive, south of Highway 26 West between the Silver Glen Preserve condos and the Forest subdivision. It includes land on both sides of the Silver Creek, but the development is only proposed for the western edge of the property.
"This settlement is a good outcome for Collingwood," stated the town's Chief Administrative Officer Sonya Skinner in a news release. "The developer has agreed to a limited development parcel that does not extend into the wetlands."
Ontario law prohibits homes or commercial units from being built on significant environmental features. The Silver Creek Wetlands are classified as "provincially significant."
In some cases, roads are permitted through wetlands to provide access to residential or commercial developments. Units can be built adjacent to environmentally protected lands.
"In this case, the town did not have the authority to decide if development should be permitted, and was trying to establish how development should occur on the lands outside of the significant environmental features," stated the town news release.
Among the requirements of the developer from the town will be a detailed flood hazard analysis, updated traffic studies, and detailed engineering reviews.
"The environmental protection area, including the wetlands, will be ceded to the town for protection in perpetuity," said Skinner in the release. "Buffers including fencing are included for existing residences and updated traffic, water, and noise studies will be required before moving forward."
The designs included in town documents do show a road going from the Huntingwood Trails development to Silver Creek Drive through environmentally protected lands.
Huntingwood Trails has been before the Ontario Land Tribunal since 2019 when the developer appealed to the tribunal because the town didn't make a decision on their development application within the legislated time frame. The appeal was resolved on Aug. 31, 2022.
The property was also the subject of an Ontario Land Tribunal appeal in 2014, which resulted in a decision to allow development on the site outside of the wetland footprint.
The entire property is 21 hectares, but only 9.55 hectares is available for residential development (minus the land needed for storm water management and open space which brings the total to 8.9 hectares) at a density of 12 units per hectare. The remainder is environmentally protected land.
The Ontario Land Tribunal appeal resolution is not the same as a building permit. The town and developer will still have to work through the process of building permit applications provided the conditions set in the resolution are met.