The Blue Mountains council has deferred a proposed rezoning amendment for the controversial Abbotts subdivision in Thornbury.
At its committee of the whole meeting on Nov. 29, council decided to hold off making any decision about the proposed amendment until its regular meeting on Dec. 12. The deferral will allow town staff to answer any outstanding questions about the application. This is the second time the application has been deferred. The previous council pushed the application to the new council’s agenda.
The application was initiated by the town for a town-owned road allowance adjacent to the site of the proposed Abbotts subdivision. The application would rezone a portion of the road allowance from residential to open space to recognize a tree protection zone that buffers the proposed subdivision and neighbouring property owners. The road allowance will continue to be owned by the town.
The full staff report on the application can be read here.
The application itself was unusual, as it was a condition of the Ontario Land Tribunal’s (OLT) approval of the Abbotts subdivision. At the meeting, council received multiple delegations and letters in opposition to the proposal.
Shawn Postma, the municipality's manager of community planning, explained that the tribunal has approved the Abbotts subdivision and this rezoning application was prompted by that approval.
Postma explained in the open space zone no buildings or structures are permitted and the lands are to remain in their natural state. Further studies including a tree management plan, vegetation assessment and landscape plans will come to the town for approval in the future as the subdivision project proceeds. Postma also noted that the rezoning is not about the subdivision itself.
“The OLT did approve the development. There is no opportunity for council to reopen discussion of the merits of this project,” said Postma.
Postma said the tribunal’s decision directed the town to initiate the rezoning process for the road allowance and to report back to the tribunal after the appeal periods are complete.
After hearing plenty of public concern about the application, members of council had a number of questions for staff about the application. Multiple members of council asked staff what would happen if council turned down the zoning amendment.
Director of Legal Services Will Thomson said the question was difficult to answer.
“Practically speaking, I don’t know what would happen,” said Thomson, who suggested in the event council does not approve the rezoning that one option for the Abbotts proponent would be to go back to the tribunal and ask for relief from that section of the decision.
“I have no idea exactly what their plan of action would be. It’s hard to predict.”
Staff said if council turns down the rezoning, then technically the town would be in contravention of the minutes of settlement. However, staff also acknowledged that a tribunal decision cannot compel council to rezone the lands. A rezoning is a separate public process that concludes with a democratic vote at the council table.
The discussion about the proposed rezoning consumed most of council’s afternoon and with several outstanding questions and concerns remaining, council voted 5-0 (deputy mayor Peter Bordignon was absent and coun. June Porter had declared a conflict on the matter) to defer the decision.
CAO Shawn Everitt asked that members of council submit any unanswered questions directly to staff within 24 hours to be answered. Everitt will also seek to set up a site visit for new councillors who would like to visit the road allowance property.
