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Living Water's Phase 4 expansion fazes councillors

Living Water Resort owner Larry Law spoke to the committee saying he was following their rules with his proposal for phase four of his hotel development.

On Monday night, committee struck down a request for the fourth phase of Living Water Resort’s expansion, and residents are already champing at the bit to strike down Phase 5.

Before the development and operations services standing committee was an application to the town made by Law Cranberry Resort Limited (owner of Living Water Resort) for a fourth amendment to the site plan control agreement.

The agreement is to permit the construction of Phase 4 of the hotel which would consist of 49 suites (37 as lock-out suites), and an 883 square-foot amenity space to be used as a theatre.

Though it wasn't on the agenda, and there's no application before the town for Phase 5, residents attended the meeting with concerns about Phase 5, specifically environmental, traffic and parking concerns.

“From our perspective, I find it difficult for us to hold up something (Phase 4) based on the fact that something else (Phase 5 and Bear Estate) may not be built in the near future,” said director of planning Nancy Farrer. “Everyone understands that there are a number of questions that will have to be asked with Phase 5.”

“We are very aware of that.”

Initially in March 2018, the developer submitted an application outlining plans for Phase 4, 5 and plans for Bear Estate.

“Toward the end of last year we asked for a deferral of that application while we assessed the size that we could handle in terms of the market, as well as to address some longer-term parking solutions that we will bring forward with Phase 5 and Bear Estate,” said Colin Travis of Travis and Associates.

“Mr. Law has made it very clear that before we come back before this council with Phase 5 and Bear Estate (plans), that he does want to engage in a consultation with Save our Shoreline (SOS) Collingwood and neighbouring property owners,” he said.

George Irwin of SOS Collingwood also attended to air grievances concerning not getting responses from the town to his environmental questions concerning the development. Director of planning Nancy Farrer said that his concerns are around Phase 5 of the project, which isn’t on the table at this time.

“We have been working on this property, as everyone knows, for many, many years,” said Farrer, adding that the developer has indicated there are no concrete plans yet for when and how Phase 5 will proceed.

Farrer clarified how many parking spaces there would be in Phase 4.

“For all of the lock-out suites... they have used the 1.5 spaces per lock-out standard. There’s also been one space for each individual room in addition to that ... there [are] 0.75 spaces for each marina slip. In addition to that, there’s been spaces set aside for the amenity areas.. at two spaces per 100 square metres. In addition to that, there [are] 55 spaces for the Bear Estate,” she said. “We have tried to cover all the uses that are on the site and ensure that we use today’s parking standards for each of those uses.”

Larry Law, owner of Living Waters Resort, also came before the council to speak about the project. About 45 employees of Living Waters Resort attended.

When it came time for councillors to ask questions, a few asked about the phases structure.

“Does the town have the ability to compel a developer to come forward with plans for future phases ahead of their planned schedule?” asked Mayor Brian Saunderson, adding that he would like to see information on the question before council votes next week.

“I believe what we like to do is we like to have some indication of what’s happening in the future, but we cannot compel them to come forward with all phases when they have no indication to build it for up to a decade,” said Farrer, adding that with site plan agreements, developers must start construction within two years.

“We do not like to negotiate things too far out because frankly, standards change,” she said. “If it’s way out in the future it makes it difficult for anyone to try to... make commitments to things that may change over time.”

Coun. Deb Doherty put the entire history project into perspective.

“We are looking at a project now that, from its original inception is 13 years old and has been amended five times,” said Doherty. “We began with a plan that looked at three phases. Now it is five phases. We’re being asked today to approve Phase 4 without knowing, ultimately, what Phase 5 intends to look like.”

“I’m not suggesting that we need to affix a date for Phase 5, but I think we should be looking at this project in its entirety,” she said. “If we approve Phase 4 today, are we tacitly giving approval for Phase 5?”

“I’m not prepared to approve this at this time without seeing what the entire project is intended to look like,” said Doherty.

Deputy Mayor Keith Hull asked Travis to expand on why it was so critical to get approval for Phase 4 at this juncture.

“The imperative is to try to get this project started as soon as possible to have it completed by Summer 2020,” said Travis, also adding that financing plans have already been made through the bank.

“I respect the business that you have brought to the community, but my concern is in regards to the phasing component,” said Hull. “The cart is, somewhat, ahead of the horse... because — and correct me if I’m wrong — you will be using conferences through Bear Estates to drive your bed base.”

“We are not relying on Bear Estates for anything additional. Whatever it is, it is,” said Law. “We’re just talking about basic hotel use, just like Phase 3.”

“I did not create the phasing system. It was mandated to be done in phases according to the current rules and regulations,” he said.

Hull said he understood the Phase 4 units are planned to be used as timeshares for a portion of the time. He also said it would have been helpful, as there’s a new council at the table since the last time the developer came before council to discuss the project, to have had an overview of the entire project.

“If it was only timeshares, I wouldn’t necessarily have an issue,” said Hull. “What I am concerned about is, at what point will you be coming back saying that in order to fill up your bed base, that you need to move forward with the Bear Estate development (Phase 5)? I think that’s a valid question.”

Coun. Kathy Jeffery asked Farrer what it would look like to essentially “start over.”

“We can’t tear down or undo what’s there. It’s approved. It’s built. I don’t think it’s going anywhere. We can’t start from scratch. We have a plan that has been in place for 13 years. It showed a phased development and we’ve been working away at those phases,” said Farrer.

Doherty clarified that she thought the reports supporting the application were too old and asked if the town could have updated reports.

Farrer responded that the developer files new and updated traffic and servicing reports when they file for each new phase.

The committee struck down the application with Saunderson as the sole vote to recommend, which means it will move forward to the March 25 council meeting without a recommendation.


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Jessica Owen

About the Author: Jessica Owen

Jessica Owen is an experienced journalist working for Village Media since 2018, primarily covering Collingwood and education.
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