The Corporation of the City of Kawartha Lakes

Minutes

Planning Advisory Committee Meeting

PC2021-08
Electronic Public Participation - Meeting Commences at 1:00pm
Council Chambers
City Hall
26 Francis Street, Lindsay, Ontario K9V 5R8
Members:
  • Mayor Andy Letham
  • Deputy Mayor Patrick O'Reilly
  • Councillor Kathleen Seymour-Fagan
  • Councillor Andrew Veale
  • Mike Barkwell
  • Wayne Brumwell
  • 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 Councillor A. Veale called the meeting to order at 1:02 p.m. Mayor A. Letham, Deputy Mayor P. O'Reilly, Councillors K. Seymour-Fagan, and Committee Members M. Barkwell, W. Brumwell and J. Willock were in attendance.

Deputy Clerk and Recording Secretary J. Watts, Acting Director of Development Services R. Holy, Supervisor of Development Engineering C. Sisson, Planning Officer - Large Developments I. Walker, and Planners II J. Derworiz, M. LaHay and D. Harding were also in attendance.

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

 

  • PAC2021-047
    Moved ByMayor Letham
    Seconded ByDeputy Mayor O'Reilly

    That the agenda be adopted as circulated.

    Carried

Committee Member Mike Barkwell declared a pecuniary interest on Item 3.3 (Report PLAN2021-040) stating the following: "I have represented the owner as a Realtor in the listing of this property for sale and have advised him to seek to rezone the property to attract a more diverse group of tenants for the community."

Regarding Item 3.4 (Report PLAN2021-041) Councillor Seymour-Fagan noted that she is a business owner in the area, and that she did not intend to declare a pecuniary interest at this time.

No other declarations of pecuniary interest were declared.

The Chair stated that, as required under the Planning Act, a public meeting is being held prior to the City of Kawartha Lakes Council making decisions on the following planning matters.

Official Plan Amendment and Zoning By-law Amendment for Hamilton Street, Lindsay
Jonathan Derworiz, Planner II

The Chair requested staff to advise on the manner of giving notice for the proposed Official Plan and Zoning By-law Amendments. He also asked staff to briefly describe the proposal and summarize the correspondence, if any, received to date.

Mr. Derworiz confirmed that the required notice was given in accordance with the Planning Act and circulated to each owner of land within 120 metres, and that a sign was posted on the subject property. He summarized the application, explaining that it proposes to facilitate the development of a four-storey, plus penthouse, multiple-unit dwelling with 46 units. To facilitate this, both an Official Plan Amendment and Zoning By-law Amendment are required to change the current Parks and Open Space designation and zoning to multiple-unit residential. The proposed residential development would be managed by the Kawartha Lakes Haliburton Housing Corporation (KLHHC) and additional zone provisions regarding parking requirements, yard frontage and setbacks are also proposed to accommodate this development. Consistency with the Provincial Policy Statement and conformity to the Growth Plan for the Greater Golden Horseshoe and the Town of Lindsay Official Plan will be determined once the application review is complete. Mr. Derworiz summarized the comments received to date, as detailed in his report, noting that subsequent to the writing of the report that no additional comments were received. Staff are recommending that the application be referred back to staff for further review and consideration until comments from agencies and the public meeting have been reviewed and zone requirements have been evaluated. He responded to questions from Committee members.

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

Kevin DuGuay of Kevin M. Duguay Community Planning and Consulting Inc. spoke as the applicant on behalf of KLHHC noting that this is a municipal priority to develop this greenfield site for affordable housing. He noted that the plan's reduced parking will provide enough spaces for  the tenants who will have vehicles and any guests, and the proximity to a local transit stop and walkways could provide alternative transportation options. He advised that a public Open House was held, and questions about management of the building were addressed noting that KLHHC would own the building and that the City would maintain the site. Mr. DuGuay further noted that the site plan application was filed with the City on July 6 and with no public comments received today, he emphasized the urgency to start the project as it represents good planning. He requested that the implementation by-laws be prepared for the next available Planning Advisory Committee or Regular Council meeting. Mr. DuGuay and KLHHC CEO K. Maxwell responded to questions from Committee members.

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

No other persons spoke to the application.

The Public Meeting concluded at 1:35pm.

  • PAC2021-048
    Moved ByDeputy Mayor O'Reilly
    Seconded ByCouncillor Seymour-Fagan

    That Report PLAN2021-038, Official Plan Amendment and Zoning By-law Amendment for Hamilton Street, Lindsay, be received for information;

    That Report PLAN2021-038, Official Plan Amendment and Zoning By-law Amendment for Hamilton Street, Lindsay, be referred back to staff to address issues raised through the public consultation and agency review process; and

    That a report respecting this application return to the August 4, 2021 Planning Advisory Committee Meeting.

    Carried

Rezoning Application - Three Lakes Developments Inc. (Former Rokeby Subdivision)
Richard Holy, Acting Director of Development Services

The Chair requested staff to advise on the manner of giving notice for the proposed Zoning By-law Amendment. He also asked staff to briefly describe the proposal and summarize the correspondence, if any, received to date.

Mr. Holy confirmed that the required notice was given in accordance with the Planning Act and circulated to each owner of land within 120 metres, and that a sign was posted on the subject property. He summarized the application, explaining that it proposes to change the R1-S14, R1-S15, R1-S16 and R1-S17 zones to accommodate an encroachment of 1.5m for any porch and an additional 1.5m for any stairs beyond a porch in the front yard; and an encroachment of 1.8 m for any deck or stairs in the rear yard. The zoning change will permit encroachments into the front and rear yards for front porches, stairs and decks that are currently not permitted by the Zoning By-law and this will not change the lot pattern or the proposed uses within the draft plan of subdivision. The application is consistent with the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and the Victoria County Official Plan. Mr. Holy summarized the comments received to date, as detailed in his report, noting that subsequent to the writing of the report additional comments were received from Brian Levacic, Kristen Maguire, Greg Mathieu, and Robert Shedlowich in opposition to the application with drainage, privacy, and construction related concerns. Comments were also received from Curve Lake First Nation requesting more comments on the application. Staff altered their recommendation in light of the comments received and recommended that this matter be referred to the August 4th Planning Advisory Committee meeting. He responded to questions from Committee members.

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

Eldon Theodore of MHBC Limited spoke on behalf of the developer and responded to the questions raised noting that the setbacks proposed are typical of current developments in Ontario, and that it would enhance usability in both yards. He also advised that they have already responded to Curve Lake First Nation, however their response has yet to be received. He further noted that they are exploring opportunities for additional screening such as trees or chain link fencing to address privacy concerns, and emphasized that this application is to address technical adjustments for the approvals already in place. He stated that they are supportive to take this application back to the next Planning Advisory Committee meeting to mitigate the concerns addressed.

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

Robert Shedlowich spoke as a nearby resident and presented concerns about drainage, and tree damage to his property due to ongoing development construction and questioned if a privacy fence would be installed instead of the proposed chain link fence. He also noted the potential for seasonal melting and runoff with the elevation differences between the new lots and the lots along Front Street.

Greg Mathieu spoke as a nearby resident and presented concerns about runoff and drainage, including ditch drainage into Sturgeon Lake during the walleye spawn. He also noted that due to the elevation difference between the lots, that there would still be privacy concerns even if a privacy fence is installed. He requested that the developer consider the interest of the area residents, as they should not take the brunt of the development.

Brian Levacic spoke as a nearby resident and requested a graphic of the changes between the by-laws, and noted that a tree came down after the blasting in the development.

Saad Tabani spoke on behalf of Three Lakes Developments and stated that the comments expressed today would be taken into consideration. He noted that they are considering tree planting and a privacy fence  for the rear yards to address the privacy concerns. He also noted that he would work with their engineers to address the drainage concerns.

No other persons spoke to the application.

The Public Meeting concluded at 2:22pm.

  • PAC2021-049
    Moved ByMayor Letham
    Seconded ByCouncillor Seymour-Fagan

    That Report PLAN2021-039, Rezoning Application - Three Lakes Developments Inc., be received;

    That the application be referred back to staff to address issues raised through the public consultation and agency review process; and

    That a report respecting this application return to the August 4, 2021 Planning Advisory Committee Meeting.

    Carried

Amend the Village of Fenelon Falls Official Plan and Zoning By-law 89-25 at 205 Francis Street East -  3770010 Canada Inc.
Mark LaHay, Planner II

Mr. Barkwell left the meeting at 2:22pm due to his previously declared pecuniary interest.

The Chair requested staff to advise on the manner of giving notice for the proposed Official Plan and Zoning By-law Amendments. He also asked staff to briefly describe the proposal and summarize the correspondence, if any, received to date.

Mr. LaHay confirmed that the required notice was given in accordance with the Planning Act and circulated to each owner of land within 120 metres, and that a sign was posted on the subject property. He summarized the application, explaining that it proposes to amend the Institutional – Community Facility designation with a site-specific special policy and amend the Community Facility Exception One (CF-1) Zone to also permit federal, provincial and local government offices and business, professional or other administrative offices and accessory uses in addition to the existing permitted medical clinic use. The application appears to be consistent with the Provincial Policy Statement, and conforms to the Growth Plan for the Greater Golden Horseshoe. Conformity with the Fenelon Falls Official Plan will be established through the further review of the applications. Mr. LaHay summarized the comments received to date, as detailed in his report, noting that subsequent to the writing of the report that no additional public comments were received. Staff are recommending that the proposed Official Plan Amendment and Zoning By-law Amendment applications be referred back to staff for further review and processing until such time as comments have been received from all circulated agencies and City Departments, and that any agency and public comments and concerns have been addressed. He responded to questions from Committee members.

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

Amanda Dougherty of DM Wills spoke as the applicant and stated that they are seeking to amend the potential uses for the property to assist will filling vacancies on the property. She stated that the additional proposed uses will allow the property to remain sustainable and provide opportunities for business in Fenelon Falls.

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

No other persons spoke to the application.

The Public Meeting concluded at 2:30pm.

  • PAC2021-050
    Moved ByMayor Letham
    Seconded ByJ. Willock

    That Report PLAN2021-040, respecting Part Block W, Plan 100, Part Francis Street, Part 1, Plan 57R-4276, Former Village of Fenelon Falls, identified as 205 Francis Street East, 3770010 Canada Inc. – Applications D01-2021-002 and D06-2021-012, be received; and

    That the applications respecting the proposed Official Plan Amendment and Zoning By-law Amendment be referred back to staff for further review and processing and returned to the August 4, 2021 Planning Advisory Committee Meeting.

    Carried

    Mr. Barkwell returned to the meeting at 2:30pm.


Amend the Bobcaygeon Zoning By-law 16-78 at 12 Mansfield Street, Bobcaygeon – Harper
Ian Walker, Planner Officer - Large Developments

The Chair requested staff to advise on the manner of giving notice for the proposed Zoning By-law Amendment. He also asked staff to briefly describe the proposal and summarize the correspondence, if any, received to date.

Mr. Walker confirmed that the required notice was given in accordance with the Planning Act and circulated to each owner of land within 120 metres, and that a sign was posted on the subject property. He summarized the application, explaining that it proposes to change the zone category from the ‘Urban Residential Type Two (R2) Zone’ to an Urban Residential Type Two Exception ** (R2-S**) Zone to permit a range of accessory commercial uses appropriate for the site, including a bruncheonette and other similar commercial uses, subject to site-specific development standards. Through a full detailed review, consistency with the Provincial Policy Statement, conformity to the Growth Plan for the Greater Golden Horseshoe and the Victoria County Official Plan should be demonstrated. Mr. Walker summarized the comments received to date, as detailed in his report, noting that subsequent to the writing of the report additional comments were received from Joyce Bryon in support of the application, and comments with concerns and/or objections from Jennifer Newman, Lisa Newman, Tyler Harrow-Lyle, and Wendy Hall (on behalf of Christ Church). Mr. Walker summarized the concerns noting issues with parking, traffic and pedestrian street crossings, and drainage. Staff are recommending that the application be referred back to staff for further review and processing until such time as all comments and concerns have been addressed. He responded to questions from Committee members.

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

Emma Drake of D.M. Wills spoke as applicant, and stated that they are seeking to address the public concerns received to date. She noted that the increased demand for services and dining options, this application could provide a smaller scale local economic development opportunity. She stated that they are proposing to offer breakfast and lunch options with up to 16 guests, and that the gazebo style structure would blend into the residential character of the neighbourhood. She noted that the area offers on-street parking, and that many of the concerns raised could be addressed through the site plan process. Overall she concluded by stating that this is an innovative and efficient use of the land.

Jodi Harper spoke as owner and advised that this proposal is for small scale brunch offerings, while offering beautiful views of the beach park. She noted that based on their current life status the are not looking for something outlandish, and she provided imagery to the Committee of the type of offerings and environment she is seeking to create.

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

No other persons spoke to the application.

The Public Meeting concluded at 2:48pm.

  • PAC2021-051
    Moved ByDeputy Mayor O'Reilly
    Seconded ByCouncillor Seymour-Fagan

    That Report PLAN2021-041, Plan 70 Fourth Range Part of Lots 7 and 8; 57R-8768 Parts 1 and 2, Former Village of Bobcaygeon, Harper – Application D06-2021-013, be received; and

    That PLAN2021-041 respecting Application D06-2021-013 be referred back to staff to address any issues raised through the public consultation process and for further review and processing until such time that all comments have been received from all circulated agencies, and City departments, and that any comments and concerns have been addressed.

    Carried

Assumption of Riverside Heights Subdivision Report – Phase 2
Christina Sisson, Supervisor, Development Engineering

Ms. Sisson provided an overview of their report noting the history of the related development in the area. They stated that staff are recommending assumption of the roads and infrastructure as per the draft by-law attached to their report. She responded to questions from Committee members.

  • PAC2021-052
    Moved ByCouncillor Seymour-Fagan
    Seconded ByMayor Letham

    That Report ENG2021-001, Assumption of Riverside Heights Subdivision Report – Phase 2, be received;

    That the Assumption of Riverside Heights Subdivision – A portion of Plan 626, City of Kawartha Lakes, be approved;

    That an Assumption By-Law, substantially in the form attached as Appendix “A” to Report ENG2021-001 be approved and adopted by Council; and

    That the Council approve and authorize the use of security held by the City, in the amount of $111,172.97, to partially fund the future Capital project for the completion of Public Services within the assumed portion of  Plan 626, as deemed necessary by the Director of Engineering and Corporate Assets; and

    That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this application.

    Carried

Assumption of Four Winds Subdivision Phase 2, Ops
Christina Sisson, Supervisor, Development Engineering

Ms. Sisson provided an overview of their report noting the history of the related development in the area. They stated that staff are recommending assumption of the roads and infrastructure as per the draft by-law attached to their report. She responded to questions from Committee members.

  • PAC2021-053
    Moved ByDeputy Mayor O'Reilly
    Seconded ByW. Brumwell

    That Report ENG2021-002, Assumption of Four Winds Subdivision Phase 2, Ops, be received;

    That the Assumption of Four Winds Subdivision Phase 2, Geographic Township of Ops, City of Kawartha Lakes, be approved;

    That an Assumption By-Law, including requisite road dedication, substantially in the form attached as Appendix ‘A’ to Report ENG2021-002 be approved and adopted by Council;

    That the Council approve and authorize the use of security held by the City, in the amount of $44,779.88, to partially fund any future capital expenditure or lifecycle replacement for the completion of Public Services within the assumed Plan 57M-767, as deemed necessary by the Director of Engineering & Corporate Assets; and

    That the Mayor and City Clerk be authorized to execute any documents and agreements required by the approval of this application.

    Carried
  • PAC2021-054
    Moved ByM. Barkwell
    Seconded ByCouncillor Seymour-Fagan

    That the Planning Advisory Committee Meeting adjourn at 2:56p.m.

    Carried