The Corporation of the City of Kawartha Lakes

Minutes

Planning Advisory Committee Meeting

PC2024-05
-
Council Chambers
City Hall
26 Francis Street, Lindsay, Ontario K9V 5R8
Members:
  • Mayor Doug Elmslie
  • Councillor Tracy Richardson
  • Councillor Pat Warren
  • Mike Barkwell
  • Patrick O'Reilly
  • Andrew Veale
  • Jason Willock
Accessible formats and communication supports are available upon request. The City of Kawartha Lakes is committed to accessibility for persons with disabilities. Please contact [email protected] if you have an accessible accommodation request.

Chairperson A. Veale called the meeting to order at 7:00 p.m. Mayor D. Elmslie, Councillors T. Richardson and P. Warren, and Committee Members M. Barkwell, P. O'Reilly, and J. Willock were in attendance.

Deputy Clerk and Recording Secretary J. Watts, CAO R. Taylor, Director of Development Services L. Barrie, Director of Engineering and Corporate Assets J. Rojas, Manager of Development Engineering C. Sisson, Manager of Communications Advertising and Marketing C. Davidson, WSP Senior Planner J. Derworiz and WSP Principal B. Gauthier were also in attendance.

The Chair opened the meeting and noted the members of the Planning Advisory Committee and staff present.

  • PAC2024-028
    Moved ByCouncillor Richardson
    Seconded ByMayor Elmslie

    That the agenda for the Wednesday, April 10, 2024 Special Planning Advisory Committee Meeting be adopted as circulated.

    Carried

There were no declarations of pecuniary interest disclosed.

The Chair stated that, as required under the Planning Act, a Public Meeting is being held prior to the next Regular Council making decisions on the following planning matters. The Chair requested staff to advise on the manner of giving notice and asked staff to briefly describe the proposed Rural Zoning By-law and summarize the correspondence, if any, received to date, and further advised how the public could participate in the Public Meeting portion of the agenda. Chair Veale also provided decorum rules for public participation in the Public Meeting.

Mr. Derworiz confirmed that the required notice was given in accordance with the Planning Act and noted that this was a second statutory Public Meeting following the first statutory Public Meeting held on August 9, 2023. He summarized the proposed Rural Zoning By-law, explaining that it proposes to develop a new comprehensive zoning by-law for the rural areas of Kawartha Lakes that aligns with the current Kawartha Lakes Official Plan, while consolidating and modernizing 14 existing in-effect zoning by-laws. The City’s existing rural zoning by-laws date as far back as the 1970s and do not align with current City of Kawartha Lakes Official Plan. Mr. Derworiz and Mr. Gauthier presented an overview of their presentation and highlighted the following:

  • Project status and overview of the project;
  • Definitions of the rural areas of Kawartha Lakes applicable to the proposed by-law;
  • The current state of zoning in Kawartha Lakes;
  • Foundations of the Rural Zoning By-law;
  • The sections of the Proposed Rural Zoning By-law;
  • Overviews of the zone mapping;
  • Responses to the community input;
  • Changes to the by-law since September of 2023; and
  • Next steps to adoption of the by-law.

They noted the comments received to date, as detailed in the report, noting that subsequent to the writing of the report additional comments were received and circulated to the members of the Planning Advisory Committee for consideration. They concluded that a final comment matrix could be prepared prior to the adoption of the Rural Zoning By-law being adopted at an upcoming City Council meeting. Staff are recommending that subject to minor changes that may be included in a final version adopted by Council, that the proposed Rural Zoning By-law be forwarded to Council for approval.

The Chair inquired if anyone wished to speak to the application.

Darlene Callan provided a brief summary of her written correspondence circulated to the members of the Planning Advisory Committee regarding on-farm diversified uses.

Jim Greensides spoke in opposition to the proposed Rural Zoning By-law expressing concerns with the timelines for when this process may have taken place since amalgamation in 2001.

Mirka Krizka spoke in opposition to the proposed Rural Zoning By-law expressing concerns regarding property rights.

Brian Bartley read his correspondence that was circulated to the members of the Planning Advisory Committee, noting concerns with conflicts with the Official Plan with the Prime Agriculture and Rural Designations, lack of communication that property owners received on this project, restrictions to home industries abutting waterbodies, issues regarding sawmill classifications; and issues relating to hunt camps on lands that do not have frontage on improved roads.

Jeff Armitage spoke in opposition to the proposed Rural Zoning By-law expressing concerns regarding the following matters:

  • The consultant used to draft the consolidated version of the By-law;
  • Restrictions on severances;
  • Timelines for adopting this by-law since amalgamation;
  • Broader global agendas being included in local policy and by-laws, and
  • The previously submitted petition circulated in opposition to the proposed Rural Zoning By-law.

Ron Ross expressed concerns with the challenges of navigating policies such as provincial policy, official plans, zoning by-laws and building codes, and expressed a desire for change or simplification.

Doug Shaw spoke in opposition to the proposed Rural Zoning By-law expressing concerns regarding the sustainability and the pace of the development and removal of farmland that is proposed for Kawartha Lakes, and the importance of farmers to the community.

Angel Godsoe spoke in opposition to the proposed Rural Zoning By-law expressing concerns regarding consultant used to draft the consolidated version of the By-law, limits to agricultural production, and the importance that the small communities play in Kawartha Lakes.

Doug Carroll spoke on behalf of several clients he represents, and addressed specific concerns with three properties. He expressed the following concerns with the proposed Rural Zoning By-law:

  • Inability to make site-specific changes to his clients properties due to previous errors or omissions in existing zoning by-laws that have been used to create the Rural Zoning By-law;
  • The need to implement a second agriculture based zoning category to remain compliant with the Official Plan;
  • Lack of references to the previous zoning by-law consolidation started in 2006; and
  • Difficulties getting resolutions satisfactory to his clients in consultation with the Planners working on the project.

Kerstin Kelly spoke in opposition to the proposed Rural Zoning By-law expressing concerns regarding government over-regulation, implementation of the by-law to make enforcement easier, perceived reductions in property rights and freedoms, delays from administration of regulations, and the inability to make site-specific changes in this process.

Barry Snider stated that while he is a member of the Environmental Advisory Committee, he was speaking for himself and spoke to his concerns about the proposed Rural Zoning By-law including the loss of protections for wetlands in agricultural areas, the allowance of agricultural practices in Environmental Protection (EP) zones, and the removal of wetlands and woodlands to expand agriculture.

Peter Petrosoniak presented concerns he saw with the proposed Rural Zoning By-law being the ability to allow the building of large buildings on small lots, no regulations provide restrictions on compatibility for new development to the existing community, few regulations on site alteration that effects neighbouring properties, and the need to protect trees in the proposed by-law.

Paul Buckley spoke on behalf of the Kawartha Haliburton Federation of Agriculture and provided a summary of their written correspondence circulated to the members of the Planning Advisory Committee regarding hamlet boundaries, on-farm diversified uses, clarifications between AR and AG zone uses, and consultation with the agricultural community. He further supported the draft recommendations of the Agricultural Advisory Committee, and offered clarification for differences between wetlands and poorly drained areas.

Steve Lesperance spoke in opposition to the proposed Rural Zoning By-law expressing concerns with the timelines for when this process may have taken place since amalgamation in 2001.

No other persons spoke to the proposed Rural Zoning By-law.

The Chair permitted Mr. Gauthier and Mr. Derworiz to respond to the comments provided at the Public Meeting and they thanked all those who participated in the process today. Mr. Gauthier stated that site-specific zoning amendment requests are not typically received during comprehensive zoning by-law formulation processes. They noted that they had received the written correspondence and had documented the concerns presented today, and that they would be providing an updated comment matrix to Council prior to adoption of the Rural Zoning By-law.

The Public Meeting concluded at 8:47 p.m.

  • PAC2024-029
    Moved ByJ. Willock
    Seconded ByP. O'Reilly

    That the correspondence relating to the April 10, 2024 Statutory Public Meeting regarding the proposed Rural Zoning By-law from the following individuals:

    • P. Buckley and the Kawartha Haliburton Federation of Agriculture;
    • J. Trider and R and L Roddy;
    • R. Kehar;
    • K. Maloney and the Agricultural Development Advisory Committee;
    • M. Wilson and K. Duguay;
    • D. Kerr;
    • D. Callan and K. Duguay;
    • A. Geyer;
    • B. Bartley
    Carried
  • PAC2024-030
    Moved ByM. Barkwell
    Seconded ByP. O'Reilly

    That Report PLAN2024-025, Proposed Rural Zoning By-law, be received;

    That the Proposed Rural Zoning By-law, substantially in the form attached as Appendix F to Report PLAN2024-025 be approved for adoption by Council at the May 21, 2024 Regular Council Meeting; and

    That the Mayor and Clerk be authorized to execute the documents required by the approval of this By-law.

    Carried
  • PAC2024-031
    Moved ByMayor Elmslie
    Seconded ByCouncillor Richardson

    That the Planning Advisory Committee Meeting adjourn at 8:50 p.m.

    Carried