The Corporation of the City of Kawartha Lakes

MINUTES

PLANNING ADVISORY COMMITTEE

Meeting #:PC2016-04
Date:
Time:
-
Location:
Council Chambers
City Hall
26 Francis Street, Lindsay, Ontario K9V 5R8
MEMBERS:
  • Mayor Andy Letham
  • Councillor Isaac Breadner
  • Councillor Brian S. Junkin
  • Councillor Gord Miller
  • Councillor Patrick O'Reilly
  • Councillor Heather Stauble
  • Councillor Emmett Yeo
  • Councillor Rob Macklem
Accessible formats and communication supports are available upon request.

1.
CALL TO ORDER AND ADOPTION OF AGENDA

Chair O'Reilly called the meeting to order at 1:00 p.m. Mayor A. Letham and Councillors I. Breadner, B. Junkin, R. Macklem, G. Miller and E. Yeo were in attendance.

Deputy Clerk and Recording Secretary A. Rooth, Director of Development Services C. Marshall, Supervisor of Development Engineering C. Sisson, Planning Coordinator S. Rea, Planner II M. LaHay, Planner II I. Walker and Planner I D. Harding were also in attendance.

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

  • Moved ByCouncillor Junkin
    Seconded ByCouncillor Macklem

    RESOLVED THAT the agenda for the Wednesday, April 6, 2016 Planning Committee Meeting be adopted as circulated and with the following amendments:

    Additions – Deputations

    5.1

     

    Rob Wagner

    T.M. Robinson Associates, Planning Consultants

    Application for Zoning By-law Amendment D06-15-008 - 2346 Pigeon

    Lake Road (567957 Ontario Limited)

    Report PLAN2016-021, Item 7.1 on the Agenda


    5.2

    Larry McLaughlin

    David Calzone

    Application for Zoning By-law Amendment D06-15-008 - 2346 Pigeon

    Lake Road (567957 Ontario Limited)

    Report PLAN2016-021, Item 7.1 on the Agenda

    Addition – Correspondence

    6.1

    Kevin M. Duguay

    Kevin M. Duguay Community Planning and Consulting Inc.

    Supplementary Planning Justification Report, Block 13 Chadwin Drive,

    Fairgrounds Subdivision (Lindsay)

    Application for Zoning By-law Amendment D06-15-018 - Chadwin Drive,

    Lindsay (Fairgrounds Centre (Lindsay) Inc.)

    Report PLAN2016-026, Item 7.2 on the Agenda



    CARRIED

2.
DECLARATIONS OF PECUNIARY INTEREST

There were no declarations of pecuniary interest noted.

3.
PUBLIC MEETING

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.

3.1
PLAN2016-024
This item has attachments.

1.PLAN2016-024.pdf
Ian Walker, Planner II
An application to amend the Town of Lindsay Zoning By-law 2000-75 to permit an additional retail establishment and storage use as an additional use in the Mixed Residential Commercial Special Twelve (MRC-S12) Zone at 36 Wellington Street, Lindsay (REYMAS PROPERTY INC. - Planning Application D06-16-013)

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 of the subject property. He summarized the application, explaining that it proposes to amend the existing zone category to permit a retail establishment for a heating, ventilation and air conditioning (HVAC) sales outlet with accessory storage within the existing building. He stated that the property contains one freestanding building and a total of eight parking spaces including one accessible parking space and one loading space. He advised that two (2) members of the public have raised concerns regarding the parking allocation on the property, one of which challenged the parking calculations used. The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement. Mr. Walker advised that staff is recommending that the applicant amend the existing application and the application be re-advertised for the next Public Meeting to capture both the retail and wholesale sales uses in addition to any parking requirements, if necessary. Mr. Walker advised that no concerns have been raised by respective review agencies. Subsequent to the writing of the report, verbal comments were received from Garry Walsh, indicating he has concerns with the existing parking along Wellington Street and that this application may affect people using his lot for parking; written comments were received from Martyn Stollar indicating multiple concerns including: that the proposed use is not a permitted use in the Residential-Commercial designation of the Town of Lindsay Official Plan; that the parking calculation does not treat the entire accessory storage as part of the retail establishment use; that the applicant has not justified the reduction in parking spaces; that the loading space cannot be compatible with the parking spaces; and that no buffering of this site would be provided to the abutting residential uses. Mr. Walker respectfully requested that the application be referred back to staff for further review and processing in order to allow the applicant to amend the application and for staff to re-circulate for the next Public Meeting. He responded to questions from Committee members.

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

Robert Clark of Clark Consulting Services advised that he prepared the Planning Justification Report in support of this application. He stated that the proposal is for an HVAC sales establishment with substantial storage space to support the retail use, noting that the proposal falls somewhere in the middle of a retail and a wholesale use, but in his professional opinion it does qualify as a retail use. He advised that the clientele will primarily be contractors, but the operation will serve the general public. He stated that he does not believe that an Official Plan Amendment is necessary noting that the calculations for parking requirements are based on the area of the building being used as retail space. He stated that the storage area does not generate the same need for parking, that the operation will not generally have more than one or two customers attending at one time, that the largest vehicle utilizing the loading space will be a panel truck and that this will not restrict access to parking. Mr. Clark stated that he is confident that the parking requirements are sufficiently met. He responded to questions from Committee members.

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

No other persons spoke to the application.

3.2
PLAN2016-025
This item has attachments.

1.PLAN2016-025.pdf
Ian Walker, Planner II
An application to amend the Township of Emily Zoning By-law 1996-30 to rezone a portion of the land from Agricultural (A1) Zone to Highway Commercial (C2) Zone on an agricultural lot identified as 4208 Highway 7, Geographic Township of Emily (KRELL - Planning Application D06-16-014)
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 500 metres of the subject property. He summarized the application, explaining that it proposes to rezone a portion of the lot from the Agricultural (A1) Zone to Highway Commercial (C2) Zone. The applicant submitted a Preconsultation application that proposed two phases: phase 1 being a chip truck and phase 2 being a range of commercial uses. Mr. Walker stated that the applicant has now submitted an application requesting all uses, but has not provided the required reports requested to review an application for the entire list of permitted uses in the Highway Commercial (C2) Zone. If approved, this application will permit a wide range of commercial uses on a portion of the property. The application neither conforms to the Growth Plan nor is it consistent with the Provincial Policy Statement. The lot is designated Sand and Gravel Resource Area in the City's Official Plan and, as commercial uses are not permitted in this designation, the application does not conform to the Official Plan. 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: the Ministry of Transportation indicating that they do not have sufficient information to comment on the zoning amendment and that they require a full traffic impact study for the proposed commercial uses; and Ray Adams indicating that other commercially zoned sites in this area are not utilizing the existing highway commercial zone provisions which they have in place. Mr. Walker stated that staff respectfully request that the application be refused. He responded to questions from Committee members.

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

Tom Krell, the owner, stated that he was not provided adequate notice to address the issues raised. He stated that the property was closed from aggregate use in 1963 and is no longer considered a pit. He submitted correspondence from the Management of Abandoned Aggregate Properties Program (MAAP) to support this. He stated that he is willing to do what is necessary to address the issues relating to traffic, including having a traffic study done and paying for a taper lane if necessary. Mr. Krell submitted two additional items of correspondence: an e-mail confirming he has inquired about a traffic impact study; and a letter from the owner of Don on the Job Inc. advising they will be supplying a portable restroom with weekly service and maintaining the grey water for the chip truck. Mr. Krell advised that he and his wife have owned several successful businesses in the City and that the proposal will employ people and enhance the area of Omemee. He stated that he wants to follow the rules but that he requires more notice to address issues. Mr. Krell responded to members of Committee members.

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

John Shannon, a neighbour on the north side of the highway stated that he has no objection to a new chip truck or to other business ventures. He expressed concerns with the highway design at this particular location, stating that it is a very dangerous spot for residents on the North side of the highway to exit from their driveways onto the highway. He stated that two eastbound lanes of traffic converge to the left at this location and cars often pass other cars travelling at high speeds. He is concerned for the safety of his family and others attempting to exit their driveways and stated that he objects to the application unless a re-design of the highway is done to ensure it is safe. Mr. Shannon submitted a drawing to illustrate his concerns.

No other persons spoke to the application.

3.3
PLAN2016-028
This item has attachments.

1.PLAN2016-028.pdf
David Harding, Planner I
An application to amend the Township of Manvers Zoning By-law 87-06 to change the zone category on a portion of the property from Rural General (A1) Zone to Rural General Special Twenty-Six (A1-S26) Zone on land described as Part of Lot 6, Concession 12, former Township of Manvers, City of Kawartha Lakes, identified as 323 Fleetwood Road (CEDARDALE FARMS LIMITED – Planning File D06-16-012)
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. Harding confirmed that the required notice was given in accordance with the Planning Act and circulated to each owner of land within 500 metres of the subject property. He summarized the application, explaining that it proposes to change the zone category on a portion of the property from Rural General (A1) Zone to Rural General Special Twenty-Six (A1-S26) Zone. The applicant has requested and received provisional consent from the Committee of Adjustment to sever one (1) residential lot containing a single detached dwelling with residential accessory buildings. Mr. Harding stated that the retained land will be consolidated with other non-abutting agricultural land owned by Cedardale Farms Ltd., noting that the Zoning By-law Amendment will restrict future residential development on the retained lands protecting the agricultural use. The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement. Mr. Harding stated that no issues have been raised as a result of circulation of notice of this application. He responded to questions from Committee members.

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

Robert Clark of Clark Consulting Services advised that he was present to respond to questions from Committee members. There were no 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 1:40 p.m.

4.
BUSINESS ARISING FROM PUBLIC MEETING

4.1
Item 3.1

  • PC2016-014
    Moved ByCouncillor Junkin
    Seconded ByCouncillor Miller

    RECOMMEND THAT Report PLAN2016-024, respecting Town Plan Part Lot 8 North of Wellington Street, former Town of Lindsay, identified as 36 Wellington Street, Application D06-16-013, be received; and
    THAT the application be referred  back to staff for further review and processing in order to allow the applicant to amend the application and for staff to re-circulate for the next public meeting.

    CARRIED

4.2
Item 3.2

  • PC2016-015
    Moved ByCouncillor Junkin
    Seconded ByMayor Letham

    RECOMMEND THAT Report PLAN2016-025, respecting Part of Lot 11, Concession 3, Geographic Township of Emily, identified as 4208 Highway 7, Application D06-16-014, be received; and
    THAT the application be referred  back to staff for further review and processing in order to allow the applicant to amend the application.

     

    CARRIED

4.3
Item 3.3

  • PC2016-016
    Moved ByMayor Letham
    Seconded ByCouncillor Miller

    RECOMMEND THAT Report PLAN2016-028, respecting Part of Lot 6, Concession 12, Geographic Township of Manvers, and identified as 323 Fleetwood Road, Application No. D06-16-012, be received;
    THAT a Zoning By-law Amendment respecting application D06-16-012, substantially in the form attached as Appendix C to Report PLAN2016-028, be approved and adopted by Council; and
    THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this application.

     

    CARRIED

5.
DEPUTATIONS

5.1
PC2016-04.5.1

Rob Wagner
T.M. Robinson Associates, Planning Consultants
Application for Zoning By-law Amendment D06-15-008 - 2346 Pigeon Lake Road (567957 Ontario Limited)
Report PLAN2016-021, Item 7.1 on the Agenda

Rob Wagner, Project Manager, Parkbridge Lifestyle Communities Inc., advised that the applicant (Planning Consultant) was not present and that he was available to respond to questions from Committee members. There were no questions from Committee members.

  • Moved ByCouncillor Junkin
    Seconded ByCouncillor Macklem

    RESOLVED THAT the deputation of Rob Wagner, Project Manager, Parkbridge Lifestyle Communities Inc., regarding Application for Zoning By-law Amendment D06-15-008 - 2346 Pigeon Lake Road (567957 Ontario Limited), Report PLAN2016-021, Item 7.1 on the Agenda, be received.

    CARRIED

5.2
PC2016-04.5.2
This item has attachments.

1.Comments - Rezoning Application - File D06-15-008.pdf
Larry McLaughlin
David Calzone
Application for Zoning By-law Amendment D06-15-008 - 2346 Pigeon Lake Road (567957 Ontario Limited)
Report PLAN2016-021, Item 7.1 on the Agenda

Larry McLaughlin, co-owner of 278 Lakeshore Dr., representing his brothers and his mother, owner of 280 Lakeshore Drive, thanked Parkbridge staff for listening to their concerns and altering their proposal by removing the waterfront parcel zoned Limited Service Residential (LSR) from the application and relocating the proposed new building. Mr. McLaughlin noted that, despite the revisions to the application, there are still concerns relating to noise, privacy, trespassing, public drunkenness and litter that will need to be addressed through the site plan process. He stated that as a condition of removal of the Holding Provision on the Campground Commercial Exception Three (C4-3)(H) Holding zoned lands, an Environmental Impact Study will need to be done and he asked that the City ensure this condition is met. Mr. McLaughlin stated that they will not oppose the rezoning application assuming that all of the conditions for removal of the Holding provision are met. He responded to questions from Committee members.
Director Marshall advised that the applicant has changed their position and no longer wishes to proceed with the rezoning of the Campground Commercial (C4) Zoned lands to the Campground Commercial Exception Three (C4-3) Zone with the Holding provision. He requested that Mr. LaHay provide additional information in this regard.

Mr. LaHay advised that the owner has recently requested that the C4 Exception Zone Holding provision be removed from the recommendation for the application. They have advised that the C4-3(H) Holding Zone was not what they had intended or requested. They requested that the C4 Zone be applied only to the area of land zoned A1. The effect of this change would be that the rezoning would apply only to the lands zoned Agricultural. Mr. LaHay and Director Marshall responded to questions from Committee members.

The Chair inquired if Mr. McLaughlin wished to comment further in light of this information.
Mr. McLaughlin stated that, as he was unaware of the change in the applicant's position, he wished to retract his previous comments.
David Calzone of 282 Lakeshore Drive stated that a number of concerns have been expressed in past and that he is troubled that the changes, agreed to by the applicant are now being revised again. He stated that they were prepared to withdraw their opposition to the application provided that all of the conditions required for removal of the Holding provision were met and outstanding issues were addressed through site plan approval. He stated that if Parkbridge now wishes to proceed without the conditions of the Holding provision that their opposition to the application stands. Mr. Calzone reiterated some of the concerns previously identified including foot traffic at the right of way, trespassing, noise, inebriated tenants and garbage left behind. He stated that residents are concerned that the addition of the recreation centre will attract more people and exacerbate these issues. He stated that they were comfortable with staff's recommendation for the C4-3 Zone with Holding provision with the understanding that other issues including noise attenuation would be addressed through the site plan process. Mr. Calzone stated that residents would appreciate having contact information for the Park Manager or park security so that when issues do arise, they can be dealt with directly and informally without contacting the authorities. He further stated that they concur with the recommendation from Parks Canada and the Trent Severn Waterway that mature trees not be disturbed during construction on the site, noting that this is not currently included in the proposed Zoning By-law Amendment. Mr. Calzone stated that the current setback on the plan submitted by Parkbridge needs to be increased and this is also not included in the proposed by-law amendment. He requested that the recommendation in the staff report to approve the Zoning By-law amendment to rezone a portion of the property C4-3(H) Zone be supported by Committee.

  • Moved ByCouncillor Breadner
    Seconded ByCouncillor Miller

    RESOLVED THAT the deputation of Larry McLaughlin regarding Application for Zoning By-law Amendment D06-15-008 - 2346 Pigeon Lake Road (567957 Ontario Limited), Report PLAN2016-021, Item 7.1 on the Agenda, be received.

    CARRIED
  • Moved ByCouncillor Miller
    Seconded ByCouncillor Yeo

    RESOLVED THAT the deputation of Larry McLaughlin and David Calzone regarding Application for Zoning By-law Amendment D06-15-008 - 2346 Pigeon Lake Road (567957 Ontario Limited), Report PLAN2016-021, Item 7.1 on the Agenda, be received.

    CARRIED

6.
CORRESPONDENCE

6.1
PC2016-04.6.1
This item has attachments.

1.KMD Supplementary Planning Justification Report Chadwin Drive issue 2.pdf

Kevin M. Duguay
Kevin M. Duguay Community Planning and Consulting Inc.
Supplementary Planning Justification Report, Block 13 Chadwin Drive, Fairgrounds Subdivision (Lindsay)
Application for Zoning By-law Amendment D06-15-018 - Chadwin Drive, Lindsay (Fairgrounds Centre (Lindsay) Inc.)
Report PLAN2016-026, Item 7.2 on the Agenda

  • Moved ByCouncillor Breadner
    Seconded ByMayor Letham

    RESOLVED THAT the correspondence from Kevin M. Duguay of Kevin M. Duguay Community Planning and Consulting Inc. regarding the Supplementary Planning Justification Report, Block 13 Chadwin Drive, Fairgrounds Subdivision (Lindsay), Application for Zoning By-law Amendment D06-15-018 - Chadwin Drive, Lindsay (Fairgrounds Centre (Lindsay) Inc.), Report PLAN2016-026, Item 7.2 on the Agenda, be received.

    CARRIED

7.
CITY OF KAWARTHA LAKES REPORTS

7.1
PLAN2016-021
This item has attachments.

1.PLAN2016-021.pdf
Mark LaHay, Planner II
Zoning By-law Amendment (D06-15-008) Application to permit portions of  the existing 299 trailer park sites for seasonal use, internal road and ancillary uses located on the property and to facilitate a new multi-purpose recreational building on a portion of the property  identified as 2346 Pigeon Lake Road (567957 ONTARIO LIMITED)
Mr. LaHay provided a brief background of the application. He stated that the applicant has revised their application to remove the property zoned Limited Service Residential (LSR) and the recreation building is now proposed to be located on a portion of the land currently zoned C4 Zone. The owner recently requested that the portion of the property proposed to be zoned Campground Commercial Exception Three (C4-3) (H) Holding be removed from the recommendation, noting that the balance of the application to rezone from A1 to C4 would remain. He stated that the current zoning does not recognize a portion of the historical trailer park use, which is legal non-conforming on the land zoned Agricultural (A1) Zone. Mr. LaHay summarized reports submitted in support of the application and comments received, as detailed in his report. The staff report recommendation is that a portion of the lands currently zoned C4 be rezoned to C4-3(H) to permit the recreation building with appropriate land use regulations. The Holding provision would ensure a site plan is registered on the property and a detailed Environmental Impact Study is completed to ensure appropriate construction mitigation between the building and the shoreline. Mr. LaHay presented two (2) alternative draft by-laws to Committee for consideration: Option 1: the by-law as proposed which is revised to consolidate permitted uses for the recreation building and size and height restrictions into one paragraph for clarity purposes; and, Option 2: the by-law with a revised schedule to address the applicant's request to only rezone a portion of the land from A1 to C4 and to remove the lands proposed to be zoned C4-3(H) from the recommendation for the application. Mr. LaHay and Director Marshall responded to questions from Committee members.
  • PC2016-017
    Moved ByMayor Letham
    Seconded ByCouncillor Breadner

    RECOMMEND THAT Report PLAN2016-021, 567957 ONTARIO LIMITED – D06-15-008, be received;
    THAT a Zoning By-law Amendment respecting application D06-15-008,  presented to Planning Committee as Option 1, be approved and adopted by Council; and
    THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this application.

    CARRIED

7.2
PLAN2016-026
This item has attachments.

1.PLAN2016-026.pdf
Sherry L. Rea, Planning Coordinator
Application for Zoning By-law Amendment to rezone the subject land to permit 25 condominium townhouse dwelling units, to be developed within 5 Blocks on Block 13, Plan 57M-782, being vacant land on Chadwin Drive, Lindsay (FAIRGROUNDS CENTRE (LINDSAY) INC.)

Ms. Rea provided a brief overview of her report, stating that the application proposes to permit 25 condominium townhouse dwelling units on the property to be developed within 5 Blocks. She summarized the rationale for not supporting the rezoning, as detailed in her report, noting that the challenge is justifying the de-intensification from the approval of 117 apartments, previously granted by Council just one year ago. Ms. Rea advised that Planning met with Kevin Duguay, the applicant, to discuss the alternative of revising the application to 50 units but that his client was not able to support this. She stated that Mr. Duguay has noted that there are other sites where de-intensification could be permitted, however, those sites have servicing challenges whereas this site does not. She stated that staff are open to discussing alternative development proposals that require less reduction in approved dwelling units but that the application, as submitted, does not conform to the General Intensification policies in the Growth Plan, is not consistent with the intensification policies in the Provincial Policy Statement and does not conform to the Growth Management and Intensification Area policies of the City of Kawartha Lakes Official Plan. Staff is unable to support the application as submitted and recommend it be refused. Ms. Rea, Ms. Sisson and Director Marshall responded to questions from Committee members.

  • PC2016-018
    Moved ByCouncillor Junkin
    Seconded ByCouncillor Miller

    RECOMMEND THAT Report PLAN2016-026, respecting Block 13, Plan 57M-782, Lindsay, being vacant land on Chadwin Drive, Application No. D06-15-018, be received; and
    THAT Zoning By-law Amendment Application D06-15-018, respecting Block 13, Plan 57M-782, be refused without prejudice as the application does not conform to the General Intensification policies as set out in Section 2.2.3 of the 2006 Growth Plan, is not consistent with the intensification policies as set out in Sections 1.1.3.2 and 1.1.3.3 of the 2014 Provincial Policy Statement and does not conform to Sections 4 and 18.4 of the City of Kawartha Lakes Official Plan, being the Growth Management and Intensification Areas policies respectively.

     

    CARRIED

8.
ADJOURNMENT

​​
  • Moved ByCouncillor Yeo
    Seconded ByCouncillor Miller

    RESOLVED THAT the Planning Committee Meeting adjourn at 2:58 p.m.

    CARRIED
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