Interim Control Bylaw (ICBL) & Moving to a New Servicing Capacity Allocation Framework Supporting a Complete Community

Project category

Development, Growth & Economy

Project state

Completed

Update July 19, 2023 - Media Release: Collingwood's Interim Control By-law (ICBL) no longer in effect

The Town of Collingwood is pleased to announce that as of July 19, 2023, the Interim Control By-law (ICBL) that was put in place April 26, 2021, to address municipal servicing capacity limitations, is no longer in effect, as the final appeal to the Town’s Zoning By-law Amendment 2022-007 has now been withdrawn. This means that Interim Control By-law Exemptions are no longer required to allow development to continue.

Building continued while the ICBL was in effect through a variety of processes that facilitated both major and minor development proposals to advance. In fact, 2021 saw the highest number of building permits issued in the Town’s history. The Town was also able to grant 134 exemptions to the ICBL, allowing 1,225 building permits to be issued over the time it was in force and effect.

“I am pleased that we can announce the lifting of the Interim Control By-law today. Our servicing capacity allocation policy will continue to provide a clearly defined framework for the Town and developers to work within to ensure sustainable and responsible development”, says Mayor Yvonne Hamlin.

After considerable and accelerated efforts by the Town, development community and other stakeholders, the new Servicing Capacity Allocation Policy (SCAP) will continue to manage how servicing capacity is allocated in a sustainable, transparent, equitable and responsible manner, with most minor development proposals exempted from the SCAP process. Major development projects will require merit-based evaluations through the SCAP and may be allocated servicing capacity through the ‘batch review’ process.

If you have an approved ICBL exemption, Planning Services staff will be contacting you to advise of the next steps for your project.

Read Full Media Release

Council approves 7 ICBL Exemptions to Permit Shovel Ready Development to Continue in second intake of 2023

Council received Staff Report P2023-16 on June 5, 2023, and approved the second round of 2023 exemptions from Interim Control By-law (ICBL) No. 2021-024 under an extension of the Short-Term Exemption Program that was endorsed by Council in December 2022.

The intention of the short-term exemption program is to further support shovel ready development projects to continue, particularly those that support local businesses and increase housing supply. During the period while the ICBL is in place, Council has expressed the desire to continue to support goals including employment, housing supply and predictability for the development industry within a complete community context.

Exemptions approved at the June 5th Council meeting include:

113 Stanley Street
49 Broadview Avenue
22 Lane C
795847 Osler Bluff Road
115 Sandford Fleming Drive
20 Ronell Crescent
40 Huron Street, Unit 202

The next intake is not open yet, but is targeted for Fall 2023, if the ICBL remains in effect at that time. Stay tuned to this page for more information.

Second Intake of ICBL Exemption Applications (2023) is Open (NOW CLOSED)

The Town will continue to support shovel-ready development projects by accepting Interim Control By-law exemption applications for the following forms of minor development:

Development of an existing registered vacant lot;
Consent applications to create new minor infill lots;
Changes of use from one permitted use in the Zoning By-law to another, whether or not they require any additional servicing capacity allocation

Interim Control By-law Exemption Application Form

Submit your application: No later than May 12, 2023
Accelerated Council Consideration (Target): early June 2023

Recognizing that navigating the ICBL exemption process is complicated, please do not hesitate to reach out to Planning Staff if you have any questions about whether an ICBL exemption would be required at planning@collingwood.ca or by calling 705-445-1290 ext. 3275 or 3284.

Council approves 18 ICBL Exemptions to Permit Shovel Ready Development to Continue in first intake of 2023

Council received Staff Report P2023-05 on February 27, 2023, and approved the first round of 2023 exemptions from Interim Control By-law (ICBL) No. 2021-024 under an extension of the Short-Term Exemption Program that was endorsed by Council in December 2022.

Exemptions approved at the February 27th Council meeting include:

91 Summer View Avenue
650 Mountain Road
9520 Beachwood Road
19 Currie Avenue
207 Longpoint Road
9833 Beachwood Road
12 Lindsay Lane
276/278 Pine Street
26 St. Clair Street
325 Ontario Street
65 Raglan Street
594 Oak Street
80 Sandford Fleming Drive
10 Keith Avenue, Unit #406
43A Hurontario Street
180 Mountain Road
360 Raglan Street
172 Hurontario Street

A second intake for 2023 will be open until May 12, 2023.

Council Approves Amendments to Servicing Capacity Allocation Policy (SCAP)

On January 30, 2023, Council approved the staff recommended changes to the SCAP, based on consideration of feedback received from the Development Community and lessons learned from the first 6 months of implementation.

The amendments include increasing clarity, streamlining processes, decoupling servicing allocation from planning approvals and making it easier for smaller-scale and lower-risk developments to proceed, including changes of use, consents, minor site plan or plan of subdivision amendments, and the development of existing vacant lots where no further planning applications are required.

For more information, please review Staff Report CAO2023-02 and Amended SCAP.

If you have questions about the amendments to the SCAP please contact Senior Planner, Nathan Wukasch nwukasch@collingwood.ca.

New Timeline - Short Term ICBL Exemption Program

At the December 19, 2022 regular meeting, Council approved an extension to the Short-Term Interim Control By-law (ICBL) Exemption Program. (View Presentation)

The Town will continue to support shovel-ready development projects by accepting Interim Control By-law exemption applications for the following forms of minor development:

Development of an existing registered vacant lot;
Consent applications to create new minor infill lots;
Changes of use from one permitted use in the Zoning By-law to another, whether or not they require any additional servicing capacity allocation.
Interim Control By-law Exemption Application Form

Timelines

Exemption requests for eligible development types will be considered by Council during two intake periods while the ICBL remains in effect.

First Intake of ICBL Exemption Applications for Minor Development (New Timeline!)

Submit your application: January 3 - February 10, 2023
Council Consideration: February, 2023

Second Intake of ICBL Exemption Applications (pending ICBL status and subject to available servicing capacity)

Submit your application: No later than May 12, 2023
Development and Operations Standing Committee (Target): June 12, 2023
Council Consideration (Target): June 26, 2023

Changes for 2023

Additional Residential Dwelling Units (ADUs) within or accessory to existing residential dwellings are no longer required to submit an ICBL exemption application and can proceed directly to Zoning Certificate and Building Permit applications, provided that they can be demonstrated as accessory to the primary use.
Changes of use from one permitted use in the Zoning By-law to another are no longer required to submit an estimate of water servicing capacity allocation with the ICBL exemption application, based on a Council decision approving amendments to the Town’s Servicing Capacity Allocation Policy (SCAP) through Staff Report CAO2023-02.
Major developments that are the subject of active Planning Act applications, including site plans, draft plans of subdivision, and vacant land condominiums are not required to submit an ICBL exemption application. Servicing capacity allocation is decoupled from the planning application approval. Exemptions for major development are to be considered in a batch approach after or concurrent with Planning Act approvals, beginning in March 2023.

ICBL Short-Term Exemption Program for 2023

December 21, 2022 - On December 19, 2022, Council received Staff Report CAO2022-16and approved an extension to the Short-Term Interim Control By-law (ICBL) Exemption Program. The presentation associated with Staff Report CAO2022-16 can be viewed here.

The Town will continue to support shovel-ready development projects by accepting Interim Control By-law exemption applications for the following forms of minor development:

Development of an existing registered vacant lot;
Consent applications to create new minor infill lots;
Changes of use from one permitted use in the Zoning By-law to another, whether or not they require any additional servicing capacity allocation.

Interim Control By-law Exemption Application Form

Timelines

Exemption requests for eligible development types will be considered by Council during two intake periods while the ICBL remains in effect.

First Intake of ICBL Exemption Applications for Minor Development
Submit your application	January 3 - February 10, 2023
Development and Operations Standing Committee (Target)	March 13, 2023
Council Consideration (Target)	March 27, 2023

Second Intake of ICBL Exemption Applications (pending ICBL status and subject to available servicing capacity)
Submit your application	No later than May 12, 2023
Development and Operations Standing Committee (Target)	June 12, 2023
Council Consideration (Target)	June 26, 2023

Changes for 2023

Additional Residential Dwelling Units (ADUs) within or accessory to existing residential dwellings are no longer required to submit an ICBL exemption application and can proceed directly to Zoning Certificate and Building Permit applications, provided that they can be demonstrated as accessory to the primary use.
Changes of use from one permitted use in the Zoning By-law to another may not be required to submit an estimate of water servicing capacity allocation with the ICBL exemption application, pending a Council decision on proposed amendments to the Town’s Servicing Capacity Allocation Policy (SCAP) through Staff Report CAO2022-16.
Major developments that are the subject of active Planning Act applications, including site plans, draft plans of subdivision, and vacant land condominiums are not required to submit an ICBL exemption application. Exemptions in such cases will be considered concurrently with the planning application process. Pending a Council decision on proposed amendments to the Town’s Servicing Capacity Allocation Policy (SCAP) through Staff Report CAO2022-16), servicing capacity allocation is proposed to be decoupled from the planning application approval. Servicing capacity is intended to be allocated for major developments that have received Planning Act approvals, subject to merit-based evaluation and available servicing capacity, in a batch approach beginning in March 2023.

ICBL Short-Term Exemption Program and SCAP Update

On Monday, December 12, 2022, the Development & Operations Services Standing Committee received Staff Report CAO2022-16 ICBL Short-Term Exemption Program and SCAP Update. The purpose of the report is to request that Committee and Council consider extending the Short-Term Interim Control By-law (ICBL) Exemption Program so the Town can further support shovel-ready development projects to continue within the remaining water capacity up to an annual threshold.

During the period while the ICBL is in place, Council has expressed the desire to continue to support goals including employment, housing supply, and predictability for the development industry within a complete community context.

Proposed ICBL short-term exemption first intake timelines (pending 2023 Committee structure/schedule) will include a submission deadline in February, with Council decisions in March. Dates will be posted on the Town’s Engage page. Further, the report provided an update and proposed amendments to the Servicing Capacity Allocation Policy (SCAP), which includes preliminary feedback from the development community.

Stakeholders will have until January 16, 2023, to provide written comments and feedback on the proposed changes to the SCAP. The report is then expected to be considered by Council at their January 30, 2023 meeting.

The amendments are being advanced to increase clarity, streamline processes, and make it easier for smaller-scale and lower-risk developments to proceed, including changes of use, consents, minor site plan or plan of subdivision amendments, and the development of existing vacant lots where no further planning applications are required.

Comments on the proposed SCAP updates can be sent to the attention of Senior Planner, Nathan Wukasch nwukasch@collingwood.ca

Update on 2023 Water Capacity Allocation

November 3, 2022 - All of the available water capacity has been allocated by Council for 2022, and the Town is not currently accepting applications for Interim Control By-law (ICBL) Exemptions at this time.

Water capacity allocation granted by Council through ICBL exemptions during 2021 and 2022 has kept the Town on pace with the high rate of growth experienced over the past five years, maintaining the Town as one of the top five fastest growing census areas in Canada. Council has reserved a similar amount of water capacity for allocation in each of the coming years until the anticipated water treatment plant completion. For more detail on upcoming water capacity allocation, Staff Report PW2022-18 “Semi-Annual Water and Wastewater Uncommitted Hydraulic Reserve Capacity Update” (September 20, 2022) identifies that the Town has approximately 450 Single Dwelling Unit Equivalents (SDUs) of available water capacity for allocation in 2023.

The Town is currently considering a sustainable and transparent process to allocate water capacity in 2023. Staff will be reporting to Council with recommendations in December 2022 on:

New ICBL Exemption intake(s) for development that is not subject to Planning Act applications,
Potential amendments to the Town’s Servicing Allocation Policy Framework (SCAP), and
Allocation process for active development applications.

We would like to hear your feedback on how to improve the Town’s Servicing Capacity Allocation Policy (SCAP) and update the ICBL exemption process. Please provide your comments to planning@collingwood.ca by Tuesday November 22, 2022, which will be considered in the preparation of recommendations to Council.

Stay tuned to the Town’s Engage Page in early December 2022 for more information, including future ICBL Exemption application intake periods.

Please note that new and active development applications must submit a self-evaluation using the merit-based criteria established by Council in the Town’s Servicing Allocation Policy Framework (SCAP). A SCAP evaluation matrix template can be found here.

Council approves 16 ICBL Exemptions to Permit Shovel Ready Development to Continue in second and last round of exemptions planned for 2022

September 21, 2022 - Council has approved the second (and last) round of exemptions planned for 2022, from Interim Control By-law (ICBL) No. 2021-024 under the Short-Term Exemption Program, that was endorsed by Council in May 2022. This program will remain in place until the appeals to Town Zoning By-law Amendment No. 2022-07 are either withdrawn or resolved and the ICBL ceases to be in effect, or until December 2022, whichever is earlier.

The intention of this short-term exemption program is to further support shovel ready development projects to continue, particularly those that support local businesses and increase housing supply. During the period while the ICBL is in place, Council has expressed the desire to continue to support goals including employment, housing supply and predictability for the development industry within a complete community context.

Exemptions approved at the September 20th Council meeting, which account for 204 SDUs of water include:

• 77/79 Simcoe Street
• 350 First Street
• 64 Third Street
• 135 Hurontario Street
• 431 Ontario Street
• 307 Fourth Street West
• 79 Summerview Avenue
• 37 Callary Crescent
• 205 Long Point Road
• 648 Mountain Road
• 279 Robinson Street
• 6920 Poplar Sideroad/9745 Beachwood Road
• 11 Golfview Drive
• Unit 1 of the Vacant Land Condominium Plan located at 11403, 11453 &11461 Highway 26 (Residences of Silver Creek)
• 400 Maple Street (Victoria Annex)

In addition, an exemption was approved for the following lands for a total municipal servicing capacity commitment of an estimated 45 SDUs, which had previously been allocated:

• Summitview Subdivision - Plan 51M-1170, Lots 1-41 and Blocks 234, 235

The short-term ICBL exemption program brings the Servicing Capacity Allocation Policy (SCAP) into effect, which selects projects to proceed that demonstrate they are in line with our community’s values and help build a complete community. An overall annual capacity threshold is set, and projects that do not require planning approvals or are minor in nature as well as major applications such as plans of subdivision and vacant land condominiums that were submitted and deemed complete prior to May 17, 2022, are eligible. While the ICBL remains in effect, projects must be imminently ‘shovel-ready’ to receive water allocation. Overall, while this new complete community and value-based lens has been added, the pace and volume of construction proceeding is roughly on par with the past several years.

No further exemptions would be available in 2022, however staff will report to Council prior to the end of 2022 with recommendations on how to address further ICBL exemptions into 2023, if the ICBL remains in effect. Please stay tuned to the Town’s Engage Page for more information in the coming months.

Water Capacity update

As noted in Staff Report PW2022-18, with the water commitments made under the Servicing Allocation Policy (SCAP) and ICBL exemptions approved prior to September 20th, the uncommitted hydraulic reserve capacity for the drinking water system is currently 1,830 m3 /d (1,376 SDUs).

The remaining water capacity will be managed through implementation of the SCAP. The Water Treatment Plant Expansion design is well under way and on schedule to go out for tender in early 2023 and this water must be used wisely until the expansion is commissioned in by early 2026, and a notional total of about 450 SDUs per year has been anticipated, pending future Council decisions.

Council approves 17 ICBL Exemptions to Permit Shovel Ready Development to Continue

June 20, 2022 - Council has approved the first round of exemptions from Interim Control By-law No. 2021-024 under the Short-Term Exemption Program approved in May, further supporting shovel ready development projects to continue. During the period while the ICBL is in place, Council has expressed the desire to continue to support goals including employment, housing supply and predictability for the development industry within a complete community context.

Exemptions approved at the June 20th Council meeting include:

111 Napier Street
1 Nettleton Court
10 Dey Drive
68 Georgian Manor Drive
33 Glen Road
7704 Poplar Sideroad
40 Georgian Manor Drive
65A & 65B St. Vincent Street
9 Juniper Court
132 Bartlett Boulevard
9402 Beachwood Road
Summitview Subdivision (51M-1170, Lots 42-47, 181-195, Blocks 236-254, 294 & 295)
2 Spruce Street
142 Sixth Street
60-62 Collins Street
10 Golfview Drive
502 Hume Street

The short-term ICBL exemption program brings the Servicing Capacity Allocation Policy (SCAP) into effect and in accordance with that document, considers exemptions for all development proposals that do not require planning approvals or are minor in nature (i.e. such as the creation of a single infill lot through consent) and for any major application that was submitted and deemed complete prior to May 17, 2022 (i.e. applications that were submitted during the first year of the development pause under the ICBL and prior to the effective date of the SCAP) up to an annual capacity allocation threshold. Major developments include plans of subdivision, vacant land condominiums and site plans and these must satisfy the required minimum 50% of available points per the SCAP criteria to be considered for an exemption, thus demonstrating that they are in line with our community’s values and help build a complete community. Projects must be imminently ‘shovel-ready’ to receive water allocation, while the ICBL is in effect.

Applicants under this intake met the deadline for application of May 27, 2022. The deadline for the Second intake of ICBL Exemption Applications is August 15, 2022. Those applications will be considered at the September 6th Strategic Initiatives meeting followed by Council on September 19, 2022.

Next Steps

For those developments and individuals who have been granted exemptions from the ICBL, your application can continue through the planning process and building permits may be issued.
For those developments and individuals who have not been granted exemptions from the ICBL, your planning application will continue to be processed and reviewed, however no decision from Council will be available until the completion of ICBL.
Please contact the Planning Division at planning@collingwood.ca should you have any questions.

Council approves Short-Term ICBL Exemptions Process to Permit Shovel Ready Development to Continue

During their regular meeting held May 16, 2022, Council approved a short-term Interim Control By-Law (ICBL) exemption program, allowing growth and development to continue in a manner that supports a complete, sustainable and healthy community by giving major pending planning applications, minor development or changes of use that are ready for approval or that do not require planning approvals, the opportunity to move ahead.

Further, recognizing the hardships endured by small businesses during the pandemic, Council also expedited approval of several requests for exemption to the ICBL that require no or a small amount of water capacity, in an effort to bolster their economic growth.

For those with projects that are imminently ‘shovel ready’, while the ICBL is in effect, proponents are invited to submit applications through one of the two upcoming intakes of the short-term ICBL exemption program listed below or concurrently with minor planning applications.

During the period while the ICBL is in place, Council has expressed the desire to continue to support goals including employment, housing supply and predictability for the development industry within a complete community context.

The short-term ICBL exemption program brings the Servicing Capacity Allocation Policy (SCAP) into effect and, considers exemptions for all development proposals that do not require planning approvals or are minor in nature (i.e. such as the creation of a single infill lot) and for any major application that was submitted and deemed complete prior to May 17, 2022 (i.e. applications that were submitted during the first year of the development pause under the ICBL and prior to the effective date of the SCAP) up to an annual capacity allocation threshold. Major developments include plans of subdivision, vacant land condominiums and site plans and these must satisfy the required minimum 50% of available points per the SCAP criteria to be considered for an exemption.

Timelines

Exemption requests for eligible minor development types will be considered by Council during two intake pe

Questions and answers

Q: I understand that the following exemption was granted, and tree clearing is ongoing. Unit 1 of the Vacant Land Condominium Plan located at 11403, 11453 &11461 Highway 26 (Residences of Silver Creek). Can you tell me how many units will be in "Unit 1" construction and if these are the rental units? Thank you, Jacki Binnie Jacki Binnie asked.

Good day, and thank you for your question. That is correct, Phase One of the SkyDevco development has been approved by Council and granted an ICBL exemption. Tree clearing has commenced on the property. Phase one of this development consists of 3 rental apartment buildings containing 187 dwelling units.

Q: Will the Economic Development Criteria of “mainstreet as a focal point of activity and commerce” not undermine the goal of creating 15 or 20 minute walkable neighbourhoods? It will continue to encourage car use from already built subdivisions. Some economic activity, such as convenience stores in or near already built subdivisions may be appropriate. This new allocation criteria will add another layer of restriction. The current New Official plan update will need to address zoning as well but, the two should work together to achieve walkable neighbourhoods. Lhood275 asked.

Supporting complete and healthy communities is a primary goal of good planning policy and regulatory frameworks. Having vibrant mainstreets and downtowns is not mutually exclusive from planning for walkable neighbourhoods. Mixed residential and commercial uses in neighbourhood areas allow people to live near the amenities and jobs that they access every day. Planning for convenience commercial, small-scale institutional uses, and other compatible non-residential uses in new neighbourhoods also contributes to complete and healthy communities, where active transportation can be prioritized. One of the criteria being proposed in the recommended servicing capacity allocation framework is “Development includes a mix of land uses, especially those that provide for live-work arrangements”. Should you have additional thoughts or other suggestions for revised criteria to assist in creating new neighbourhoods that reduce reliance on vehicles, we welcome those ideas. One that has already been requested is a specific criterion relating to the provision of active transportation infrastructure.

Q: Why does the proposed point system for water capacity allocation put “an orderly and sequential expansion of the community outward from the existing built-up area” in the same category as “efficient land use”? These two seem unrelated, and arguably at odds with each other. There is nothing efficient about expanding the boundary of the built up area - it means fewer people on more land, more town infrastructure with less tax revenue, more energy and pollution per capita. For the sake of clarity, the expansion of the boundary of the town’s built-up area should be assigned to its own category. Further, as an option that has almost actively works against the interests of the corporation of the Town of Collingwood and its existing residents, should it not also be assigned a negative score? Nick Clayton asked.

Thank you, the Town appreciates feedback on the proposed Allocation Policy and merit-based points system.

The Town must plan for efficient land use in both the Built-up Area and Designated Greenfield Areas in the community. Not all current and forecasted growth can be contained within the Built-up Area, which has been defined by the Province with a fixed line to represent lands that were developed in 2006 by the original Growth Plan for the Greater Golden Horseshoe (Places to Grow). Designated Greenfield Areas play an important role in planning for growth in our community, and the merit-based criteria encourage development outward from the existing Built-up Area in an orderly and sequential manner. This encourages efficient use of infrastructure, an effective transit system, better opportunities for active transportation and walkability, and avoids ‘leap-frogging’ to parcels that are less connected to existing development in our community.

Town staff and consulting team are reviewing the wording and scoring of the merit-based criteria, and will consider these comments in the preparation of the revised allocation products.

Q:Want to join the conference call Harjinder S Kang asked.

Land Use Planning Policy Study Engagement Session (Developers)

Development Pause using an Interim Control By-law (ICBL) is currently at this stage

Development Community Engagement Session from 3:00 p.m. to 4:30 p.m.

URL to join: https://us02web.zoom.us/j/88167251911?pwd=OTRUT0tFekxxYldXRTREa1VnL1pZdz09(External link)(External link)

Or by phone: 17789072071,,88167251911# Canada

Webinar ID: 881 6725 1911

Passcode: 92837
Land Use Planning Policy Study Engagement Session (Public)

this is an upcoming stage for Development Pause using an Interim Control By-law (ICBL)

General Public from 6:30 p.m. to 8:00 p.m.

URL to join: https://us02web.zoom.us/j/89623788561?pwd=ZVVxTlNld2h4Q0JXdkViTzNQMDMzQT09(External link)(External link)

Or by phone: 16473744685,,89623788561# Canada

Webinar ID: 896 2378 8561

Passcode: 4225

Q: Does this moratorium include the building of a coach house ? The garage / coach house does not currently have water hook up? Shar asked.

Building permits for new secondary or accessory residential units are not available under the Interim Control By-law (ICBL) unless an exemption has been granted by Council. The ICBL applies to all lands within the boundaries of the Town of Collingwood regardless of the availability of municipal water services. During the regular meeting of Council held July 19, 2021, 36 ICBL exemptions were granted to allow construction of 316 Single Dwelling Equivalent Units (Staff Report: CAO2021-10 Interim Control By-law No. 2021-024 – Evaluation of Exemption Requests ). At this time, no further exemptions are contemplated for residential development. However, projects that do not involve the construction of new units including demolition/rebuild, repair, restoration etc. of existing buildings or structures for the same use could possibly move forward. For more information please contact the Planning Department Email: planning@collingwood.ca

Q: Are plans to expand wastewater service to East Collingwood in postal code L9Y0X... Otonut asked.

At this time, there is no plan to extend sanitary services to the east side of Collingwood. This was reviewed in the Master Servicing Plan (2020) which considered options and cost. Due to the flat topography and bedrock geology, sanitary servicing will be costly, so it is something the municipality needs to consider and plan with the benefitting residents.

Q: Has Royal Windsor received a building exemption sherry asked.

During the regular meeting of Council held July 19, 2021, 36 Interim Control By-law (ICBL) exemptions were granted to allow construction of 316 Single Dwelling Equivalent Units, using some of the remaining water capacity in Collingwood.

Plan 51M-1049, Block 2 Kimberly Lane & Harbour Street, Collingwood - Balmoral Village, Block 2: "The Royal Windsor" was approved for exemption.

To view the full list of exemptions view Appendix C of Staff Report: CAO2021-10 Interim Control By-law No. 2021-024 – Evaluation of Exemption Requests

Q: At the July 5 meeting did council approve any of the exemption requests? Specifically did wyldewood creek on vacation inn drive receive an exception? EJ asked.

During the regular meeting of Council held July 19, 2021, 36 Interim Control By-law (ICBL) exemptions were granted to allow construction of 316 Single Dwelling Equivalent Units, using some of the remaining water capacity in Collingwood.

Wyldewood Creek was not approved for exemption from the ICBL. To view the full list of approved exemptions view Appendix C of Staff Report: CAO2021-10 Interim Control By-law No. 2021-024 – Evaluation of Exemption Requests.

Q: I assume that imposition of the ICBL would generate a significant load on staff resources; for example dealing with various requests for exemptions, etc. Then, down the road, if exemptions are denied, one could see developers suing the Town. My question: will the Town set up a publicly accessible account (like with the J I) where we can see (1) the amount of staff time and resources devoted to this issue, and (2) detailed hours and billing rates for Town's legal counsel responding to ICBL issues? John Megarry asked.

We are tracking the external costs related to the Development Pause, including any legal counsel. This information can be made available from time to time by request to the Treasurer, Monica Quinlan, mquinlan@collingwood.ca.

We are not able to track staff time spent specifically on the development pause as the majority of the work taking place would have taken place regardless of the ICBL, as much of the work is part of our normal operational plans.

Q: Could you please clarify, in simple words - were the exemptions from the ICBL, recommended at the meeting on May 31 accepted by the town? Are the developers still waiting for any recommendations from the town or they are allowed to continue the construction process as before April 26, 2021? The term - "recommended" in the report you mentioned below t is not clear. Thank you! Anna asked.

Yes, Staff Report CAO2021-07 Interim Control By-law No. 2021-024 - Exemptions and Procedure for Receipt and Evaluation of Exemption Requests was approved at the Special Meeting of Council held June 3, including the recommended exemptions.

The exempted lots are outlined in By-law 2021-037. Any property listed in the exemptions to the ICBL By-law can now proceed in the planning process.

To view the status / stage of planning process for each development please visit: https://www.collingwood.ca/building-business/land-use-planning-services/proposed-developments

Q: Just a quick question re: CAO2021-07 Interim Control By-law No. 2021-024 - Exemptions and Procedure for Receipt and Evaluation of Exemption Requests(External link) - since it was approved on the May 31st meeting, the development for those units will continue right away? Please confirm. Olga asked.

A Special meeting of Council was held June 3^rd, during which Staff Report CAO2021-07 Interim Control By-law No. 2021-024 - Exemptions and Procedure for Receipt and Evaluation of Exemption Requests was approved.

With the approval of the Procedure for Receipt and Evaluation of Exemption Requests for water use during the Land Use Policy study, Developers and individual property owners affected by the ICBL, can now apply to be considered for exemption, which if approved by Council per the process outlined below, will allow them to apply for their building permit(s).

The steps of this process are as follows:

Applicant fills out the prescribed Exemption form available on Engage.Collingwood.ca and submits the form to the Town Clerk;

Requests are received by Council and referred to the CAO for review by senior management and the Town solicitor; and

Requests which are deemed to be eligible for possible ICBL exemptions are identified and, where applicable, performance conditions (such as the use of the water by a set date) or other terms are recommended in a staff report prepared for Council’s consideration.

All request forms are to be submitted to clerk@collingwood.ca by no later than June 18, 2021, to be considered by the Strategic Initiatives Standing Committee on July 5, 2021, and Council on July 19, 2021.

Q: If Collingwood were to adopt an enforcement strategy regarding the Outdoor Water Use Guidelines, particularly during the summer months when lawn watering is high, wouldn't this result in a huge reduction of the pressure on the water treatment plant? Secondly, why not investigate alternatives to lawns, for example xeriscaping? Sue asked.

The current Town of Collingwood Water By-law 2016-066 includes lawn watering restrictions. Properties ending with an odd number can water out-of-doors on odd days of the month; properties ending in even numbers can water on even days of the month. This is enforced through our By-law department.

In 2019 the water department communicated with high irrigation users to remind them of the watering restrictions and also providing some education on the benefits of less watering.

In 2020, the Town implemented a new water rate structure that has high water users paying more as they use more. It is anticipated that over time, we will see a reduction in out-of-door use with this rate change.

While a reduction in out-of-doors water use would reduce the maximum demand on the system in the summer, this reduction alone will not provide a significant increase in available water for future development and does not help to address the winter limitations of our treatment process.

Q: When will the list of exempted developments/developers from the provisions of the ICBL be reviewed/updated? AR asked.

Staff Report CAO2021-07 Interim Control By-law No. 2021-024 - Exemptions and Procedure for Receipt and Evaluation of Exemption Requests will be considered by the Strategic Initiatives Committee Monday May 31.

View the report here: CAO2021-07 Interim Control By-law No. 2021-024 - Exemptions and Procedure for Receipt and Evaluation of Exemption Requests

View the SIC agenda here: May 31, 2021 SIC Agenda

Q: Do you hold an Agreement and obligations to the developers? Anna asked.

Agreements are required to accompany development approvals where applicable. Each development in Town is at a different stage of development. To view the status / stage of planning process for each development please visit: https://www.collingwood.ca/building-business/land-use-planning-services/proposed-developments

Q: what developments hold a valid building permit ShipyardLane109 asked.

The following Developments have been issued building permits:

Eden Oak (Indigo Estates)

Riverside Midrise

Summit View Phase 1 & 2

Monaco

Memory Care Facility (92 Raglan)

Parkbridge

Living Waters Hotel

Huronic Village (Shipyards)

To view the status / stage of planning process for each development please visit: https://www.collingwood.ca/building-business/land-use-planning-services/proposed-developments

Q: The town of Collingwood shares its water capacity with Blue Mountains and Thornbury. Why their constructions sites were not terminated ? Anna asked.

The Town of Collingwood holds a water supply agreement with the Town of Blue Mountains and an obligation to meet the terms of that agreement. Town Staff are in discussion with Town of Blue Mountains Staff to see if a reduced supply can be accommodated in the short term until the WTP expansion is commissioned.

While the Town of Collingwood has put a pause on development requiring water allocation, we do not have jurisdiction over development limitations on other municipalities.

Q: Why the municipal official did not think about the issue ahead to the 53% increase in population . This bylaw is going to impact infrastructure and the future of the city . The city allows big investors to build hotels but pausing residential development which is going to effect lots of employment opportunities etc. Dhillon asked.

Servicing requirements for future population growth are based on the Town’s Official Plan population forecasts and development forecast assumptions made during the Master Servicing Plan. These servicing requirements are further refined as specific development applications are submitted. When the Plant reached a maximum demand around 80% for a few years, plans for a WTP expansion were initiated.

The ICBL does not impact infrastructure. It is a pause on all development regardless of type (ie. residential vs. commercial), due to the water capacity issue. The Town is committed to rapidly developing a Land Use Planning Policy Study and implementing the outcomes as quickly as possible to limit negative impacts on development including employment, that represents a priority interest for the community.

Q: Hi, Hope you are well and staying safe. I have a home in Collingwood that I was in the process of tearing down to build a new one. Would this building permit be accepted? There would still be just myself and my husband in the new house using the same amount of water that we do in the existing house. thanks for your help. take care Mrs. P. asked.

If you are demolishing your house and rebuilding the same type of house, we can proceed to issue a permit for your re-build. For example, if you are demolishing a detached dwelling and re-building a detached dwelling. Please email building@collingwood.ca for further questions about your specific demolition and re-build plan.

Q: How does this affect the expansion of Collingwood General and Marine Hospital, or the development of a new hospital for Collingwood and area? George Czerny-Holownia asked.

The Development pause will not affect the hospital expansion. The recent Infrastructure Ontario Capital list indicates a projected timeline of 2024 to complete the RFP process for the hospital expansion. Construction will follow in 2025 and align with the completion of the water treatment plant expansion.

Q: How would this affect the consumers who have bought pre-construction houses Gary asked.

Only those developments that have either been exempted from the provisions of the ICBL or fall within the provisions of the Bylaw may advance to building permit issuance.

Potential buyers may also wish to speak with their builder/developer regarding any deposit that may have been issued, and TARION may have more information for some specific situations.

Q: Hello - I’ve purchased a new home in Collingwood with an October closing. I’ve already sold my existing home and am renting in the interim. When can we anticipate an answer on whether my builder (Devonleigh) will be able to complete my home. AR asked.

Some dwellings have been issued building permits just prior to the enactment of the ICBL. Please contact Building Services by emailing building@collingwood.ca and provide the lot and/or unit number and we can confirm.

Q: Does this measure prevent an existing, single residential home from obtaining a permit to build an addition. Ryan asked.

There are exemptions to the ICBL for construction, alteration and expansion projects such as decks, patios, fences, porches, accessory buildings or structures, temporary buildings or structures, and interior or exterior renovations to an existing building.

Discussion

April 21, 2021 Agenda for April 26th Council agenda published and Media Release distributed

April 26, 2021 ICBL Report and By-law passed by Council

May 4, 2021 Meeting with local Engineering firms who reached out to the Town

May 5, 2021 - Meeting with GTDI who offered insights during several members' inputs at the April 26th Public Meeting

May 14, 2021 RFP Issued for Water Treatment Plant Engineering Services and Media Release for same

May 20, 2021 Notice of Passing - ICBL

Notice of passing of the Interim Control By-law No. 2021-024 is posted to the Town of Collingwood website and the Collingwood Connection.

May 31, 2021 Special SIC Meeting

Special SIC meeting was called to address exemption requests to the ICBL. For meeting details visit: https://collingwood.civicweb.net/Portal/MeetingInformation.aspx?Org=Cal&id=868

June 3, 2021- Zoom Q&A Session held with Southern Georgian Bay Association of Realtors

June 3, 2021 Special Council Meeting

Special Meeting of Council was held to ratify decisions made at the May 31 SIC meeting. For information or to watch the meeting visit: https://collingwood.civicweb.net/Portal/MeetingInformation.aspx?Org=Cal&Id=870

Exemption Requests Due June 18, 2021

Requests for exemptions will be accepted until June 18, 2021.

July 5, 2021 - SIC Meeting

Exemption requests will be considered at the SIC Meeting of July 5. To review Staff Report CAO2021-10 visit: https://collingwood.civicweb.net/Portal/MeetingInformation.aspx?Org=Cal&Id=777

July 19, 2021 - Council Meeting

36 Interim Control By-law (ICBL) exemptions were granted to allow construction of 316 Single Dwelling Equivalent Units, using some of the remaining water capacity in Collingwood. See 'Next Steps' in the body of this page.

September 27, 2021 - Council Meeting

On September 27th, Council approved interim disinfection upgrades to restore water capacity for future development involving ultraviolet (UV) treatment within the existing Water Treatment Plant (WTP).

Learn more: https://www.collingwood.ca/council-government/news-notices/water-treatment-plant-interim-disinfection-upgrades-approved

November 15, 2021 - Council Meeting

Interim Control By-law No. 2021-024 – Draft Land Use Planning Policy Study Recommendations for Public Consultation

November 23, 2021 - Land Use Planning Policy Study Engagement Sessions

Development Community Engagement Session was held from 3:00 p.m. to 4:30 p.m.
link to recorded session: https://www.youtube.com/watch?v=Rbg7A172L5c

General Public Engagement Session was held from 6:30 p.m. to 8:00 p.m.
link to recorded session: https://www.youtube.com/watch?v=wqfFPQ87XPY

Slide deck from both sessions: Presentation

December 13, 2021 Council Meeting

Council passed a resolution during the Dec 13th meeting of Council(External link), to continue to consider exemption requests for accessory residential dwelling units while the Interim Control By-law (ICBL) is in effect. For more information, please review Staff Report #CAO2021-15 – Interim Control By-law Exemption Requests – Commercial Projects with No Additional Water Capacity and Accessory Residential Units, which also granted five additional ICBL exemptions for various projects.

December 20, 2021 - Report back to Council on Land Use Planning Policy Study

Staff Report P2021-38: Recommended Next Steps for a Servicing Capacity Allocation Framework for the Town of Collingwood

Presentation: Overview of Updated Draft Water and Wastewater Capacity Allocation Framework and Other Recommendations

January 24, 2022 - Public Meeting for draft Zoning By-law Amendment

Proposed Zoning By-law Amendment to be presented at Council Meeting.

Notice of Public Meeting and Draft Zoning By-law Amendment

Feb 9, 2022 - Second Round of Development Community Consultation on draft Servicing Capacity Allocation Policy

Development Community - Second Round of Consultation
February 9, 2022 - 1:00 p.m. - 3:00 p.m.
link to recorded session: https://youtu.be/AdJNlgZnRU8

Public Session - Second Round of Consultation
February 9, 2022 - 6:30 p.m. - 8:00 p.m.
link to recorded session: https://youtu.be/Nqg9oThyucI

Slide deck from both sessions: Presentation

February 14, 2022 – Report on proposed Zoning By-law Amendment

Staff Report P2022-05 Proposed Zoning By-law Amendment - Servicing Capacity Allocation Framework for the Town of Collingwood

February 14, 2022 - Deadline for ICBL Exemption Requests

February 22, 2022 Deadline for comments on Interim Control By-law, Land Use Planning Policy Study, Updated Servicing Capacity Allocation Policy

Comments can be emailed to nwukasch@collingwood.ca or planning@collingwood.ca

February 28, 2022 - Zoning By-law Amendment Approval

Council consideration of Zoning By-law Amendment. Notice of Decision to be published upon Council approval.

Council passed by-law No. 2022-007 on February 28, 2022. The Notice of Decision was issued on March 9, 2022.

March 14, 2022 – Report on proposed Servicing Capacity Allocation Policy

Report to be presented at the Development & Operations Services Standing Committee.

March 28, 2022 Servicing Capacity Allocation Policy Approved at Council

March 29, 2022 - Deadline to appeal Zoning By-law Amendment

Notice of Passing Zoning By-law Amendment - Servicing Capacity Allocation Framework

Zoning By-law Appealed

The Town received three appeals to Zoning By-law Amendment (2022-007) extending the effect of the ICBL.

ICBL Extended - Expiry Date and Next Steps TBD

Since the Town received 3 appeals, the ICBL is extended until all of the appeals have either been withdrawn or disposed of through the Ontario Land Tribunal (OLT). The Planning Act dictates that the ICBL will be automatically extended, thereby continuing the development pause.

May 9, 2022 - Report on Servicing Capacity Update and Proposed Short-term Exemption Program / Continuation of ICBL

Report to be presented at the Development & Operations Services Standing Committee

May 16, 2022 - Council approved a short-term Interim Control By-Law (ICBL) exemption program

Program details posted in the News/Main section of this page.

May 27, 2022 Deadline for applications under short-term ICBL exemptions program

June 13, 2022 - Special SIC

Consideration of Exemption applications received between May 17 - 27

June 20, 2022 - Council

Council approved 17 ICBL Exemptions under the Short-Term Exemption program approved in May, to permit shovel ready development to continue.

Media Release

August 15, 2022 - Deadline for ICBL Exemption application submissions (second intake)

September 20, 2022 - Council approved 16 ICBL exemption requests under Short-Term Exemption Program

View media release: https://www.collingwood.ca/council-government/news-notices/council-approves-16-icbl-exemptions-permit-shovel-ready-development

December 2022 - Water Capacity Allocation Process for 2023 - Staff Report to Council

Recommendations on a new ICBL Exemption program for 2023, potential SCAP update, and allocation process for development applications.

CAO2022-16 ICBL Short-Term Exemption Program and SCAP Update(External link)

Presentation for CAO2022-16

ICBL Exemption Application Intake Open January 3 - February 10, 2023

Submit your application for eligible minor development.

January 16, 2023 - Deadline for comments/feedback on proposed SCAP

January 30, 2023 - Council approved amendments to the SCAP

CAO2023-02 Proposed Servicing Capacity Allocation Policy (SCAP) Updates – Comprehensive Review
Amended Servicing Capacity Allocation Policy (SCAP)

February 10, 2023 - Deadline for ICBL Exemption applications

February 27, 2023 - Council approved 18 ICBL exemption requests

May 12, 2023 - Deadline for ICBL Exemption applications - second round

Submit your application for eligible minor development.

June 5, 2023 - Council approves 7 ICBL exemption requests

July 19, 2023 - ICBL lifted

Media Release: Collingwood's Interim Control By-law (ICBL) no longer in effect

NEW! Subscribe here to receive Development Community News: http://eepurl.com/hNAwrn

Live Projects

Servicing Capacity Allocation Policy (SCAP) - Amended January 30, 2023

SCAP CRITERIA TEMPLATE 2023 Jan 30.xlsx

Servicing Capacity Allocation Policy (SCAP) Self-Evaluation Matrix for Development Applications (amended January 30, 2023)

SCAP CRITERIA TEMPLATE 2023 Jan 30.xlsx

ICBL Exemption Application

ICBL ExemptionRequestForm December 2022 FINAL