I am still dealing with Collingwood Monopoly, so indulge me for a another post. Some of this stuff is municipal ‘inside baseball’ but this is your town, you live here, and you need to know what is going on under your nose.
Remember – “Facts do not cease to exist because they are ignored.” ― Aldous Huxley.
So here goes:
Section 18.104.22.168.3 within the Downtown Commercial Core designation contain existing site specific policies that apply to Admiral Collingwood Place property. A portion of the towns policies are cited below:
1. High Density Residential uses, including a Retirement Home use, shall be permitted in accordance with the policies of Section 22.214.171.124 of this Official Plan.
2. Any development or redevelopment on the subject site shall require the
submission of a Heritage Impact Assessment … and such development or redevelopment shall be consistent with the said guidelines and the Provincial Policy Statement, 2005.
3. The building height shall not exceed a maximum height of twelve (12.0)
metres and a maximum of four (4) story’s.
4. Notwithstanding Section 126.96.36.199.3.1.3, Section 37 of the Planning Act may be utilized to the satisfaction of the Town of Collingwood in order to exceed the maximum building height of twelve (12.0) metres and a maximum of four (4) storeys to a maximum building height of 21.4 metres and a maximum of six (6)
The above is from the towns official plan and the maximum height allowed prior to the amendment (OPA5) was 12 metres or 39.3701 feet.
The Section 37 agreement (below) was a special agreement between the town and the developer. It speaks to the funds for the required extra height and that they should be paid prior to issuance of a building permit. I believe it should have been paid upon passage of this agreement, which it has not. So think of this, all the towns legal expenses on this whole mess have been paid by who??? Well you the tax payer of course. This agreement is still in place, no funds have been paid by the developer. Which in itself is completely wrong because that’s the reason why they are now able to say ‘only 2 stories now so sorry’ because they have no skin in the game.
I will also add that this agreement should now be cancelled, even if the developer decides to build a 2 storey commercial development now, he could come back in a few years and add the 4 stories if that suites him in future. I will also add that this agreement now sets a precedent and could allow 6 stories anywhere downtown under OMB appeal. So all those of you who think that the new proposal for the corner of Hume and Hurontario is just peachy, guess again, it’s not quite that simple.
Here is the agreement between the town and the developer:
What should have happened as soon as the latest announcement was made?
The town should have made a very public statement saying that it is unfortunate this turn of events has happened. But the developer is still on the hook for all the towns legal fees which are payable forthwith and before any more proposals are brought forward. That the Section 37 agreement is now null and void. The whole process now goes back to square one and we look forward to a new development proposal from the developer for the site. In the mean time as obviously no construction is forth coming, please fill in the God awful hole and make the site presentable until such time as they decide to do something with the property.
But you have more chance of England winning the world cup next year than that happening.