The Corporation of the City of Kawartha Lakes

MINUTES

PLANNING ADVISORY COMMITTEE

Meeting #:PC2016-02
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
Accessible formats and communication supports are available upon request.

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

Deputy Clerk and Recording Secretary A. Rooth, CAO R. Taylor, Director of Development Services C. Marshall, Planning Coordinator S. Rea, Planner II Mark LaHay, Planner I D. Harding and Planner I I. Walker were also in attendance.

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

CAO Taylor introduced the City's new Director of Development Services Chris Marshall and welcomed him to his first Planning Committee Meeting.
  • Moved ByCouncillor Breadner
    Seconded ByCouncillor Yeo

    RESOLVED THAT the agenda for the Wednesday, February 10, 2016 Planning Committee Meeting be adopted as circulated.

    CARRIED

There were no declarations of pecuniary interest noted.

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.

Ian Walker, Planner II
An application to amend the Village of Woodville Zoning By-law 1993-9 to rezone a portion of the land from Rural General Exception One (A1-1) Zone to Residential Type One (R1) Zone on a vacant lot described as Registered Plan 119, Blocks D, F, H, Part Block M and Part Lot 9 E Agnes, 57R-5325, Part 2, former Village of Woodville, City of Kawartha Lakes, Vacant Land on Beach Street (MACALPINE - Planning File D06-16-007)
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 change the zone category on a portion of the land from Rural General Exception One (A1-1) Zone to Residential Type One (R1) Zone on a vacant lot to facilitate the construction of a new single family dwelling. The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement. Mr. Walker advised that through preconsultation, the Lake Simcoe Region Conservation Authority has identified that the site is subject to the Lake Simcoe Protection Plan (LSPP) and have identified two (2) concerns; the location of the septic system and the size of the proposed dwelling. The application may conform to the LSPP if the proposed dwelling is less than 500 square metres in area. Alternatively, stormwater management may need to be addressed at the building permit stage. Mr. Walker summarized comments received to date, as detailed in his report, noting that the Land Management Division is currently in the process of the transaction to ensure that the road allowance for the cul-de-sac at the end of Beech Street is appropriately conveyed to the City and that this should not affect the passing of the Zoning By-law Amendment. Mr. Walker responded to questions from Committee members.

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

Bruce MacAlpine advised that he and his wife currently live in a two-storey single family dwelling and are pursuing this in their efforts to build a more accessible home.

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

No other persons spoke to the application.
Sherry L. Rea, Planning Coordinator
An application to amend the Township of Ops Zoning By-law to prohibit livestock in the barn on the property, permit a reduced lot frontage on a proposed residential lot and reduce a side yard setback for an accessory building on the retained lot on land identified as 35 and 44 Golden Mile Road (REDMOND)
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.

Ms. Rea 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. She stated that the owner applied for and received provisional consent to create four (4) rural residential lots fronting Golden Mile Road and retain the agricultural parcel. The proposed residential lots will be serviced by private wells and septic systems. Ms. Rea advised that in 2014 the owner rezoned 2.5 hectares of land as a nitrate attenuation area and that no development is permitted in that area. She stated that, in reviewing the application, two (2) zoning issues were identified; the most easterly proposed lot does not meet the minimum lot frontage requirement and a small accessory building on the retained agricultural lot does not meet the side yard setback requirements. In addition, a condition of consent was that the existing barn be removed from the property or demolished or, alternatively, that the property be rezoned to prohibit the barn from housing livestock. The proposed Zoning By-law Amendment serves to maintain conformity with the development and prohibit the housing of livestock in the barn. The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement. Ms. Rea summarized comments received to date, as detailed in her report. She advised that, subsequent to the writing of the report, comments were received from the City's Engineering and Assets Department requesting that the entrance to the most easterly lot be off of Halter Road due to the realignment of Highway 7 in this area. Ms. Rea advised that a comprehensive Lot Grading and Drainage Plan has been prepared. She responded to questions from Committee members.

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

Bob Clarke, agent for the applicant, stated that Mr. Redmond is requesting permission to keep livestock in the barn on the retained agricultural parcel until May 15, 2016 in order to complete the feeding season. Mr. Clark responded to questions from Committee members.

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

No other persons spoke to the application.
David Harding, Planner I
An application to amend the Township of Mariposa Zoning By-law 94-07 to rezone a portion of the land from Rural General (A1) Zone to Rural General Exception Thirty (A1-30) Zone on property described as Part of Lots 2 and 3, Concession B, Geographic Township of Mariposa, City of Kawartha Lakes, identified as 41 Stub Road and 150 Sun Valley Road (ROBROOK FARMS LTD., Planning File D06-16-006)
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 land from Rural General (A1) Zone to Rural General Exception Thirty (A1-30) Zone. The applicant has requested and received provisional consent from the Committee of Adjustment to sever two (2) residential lots, each containing a single detached dwelling. Mr. Harding stated that the retained lands will be consolidated with a non-abutting farming operation and the proposed Zoning By-law Amendment will restrict future residential development on those lands protecting the agricultural use. The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement. Mr. Harding advised that staff are recommending that the interior side yard setback on the retained land be decreased to 1.4 metres to recognize the proximity of a storage building to the proposed lot line, noting that the reduced setback would only apply to the building that exists on the date the by-law is passed. Mr. Harding responded to questions from Committee members.

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

Robin Parish, on behalf of Robrook Farms Limited, advised that he was available to answer questions. There were no questions from Committee members.

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

Mr. Short stated that he and his family own property in the vicinity of the subject land and that he is not opposed to the application. He inquired about the possibility of pursuing similar land division and land use changes on other properties in the area.

No other persons spoke to the application.
Mark LaHay, Planner II
Official Plan Amendment (D01-16-001) and Zoning By-law Amendment (D06-16-004) Applications to permit a reduced agricultural lot size to facilitate a future consent for a lot addition (boundary adjustment) to support the existing abattoir use with a larger land area for animal husbandry practices and reduce the interior setback for a drive shed to 6 metres on the property described as Part N 1/2 Lot 1, Concession 10, RP 57R-9042 Parts 2 and 3, Geographic Township of Mariposa, and municipally known as 18619 Simcoe Street (2030044 ONTARIO INC. and DEVOS)
Mr. LaHay 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 the purpose is to amend the Prime Agricultural designation lot area policies and the Agricultural (A1) Zone category in order to permit a reduced agricultural lot size to facilitate a future consent for a lot adjustment (boundary adjustment) to support an existing abattoir use and establish a minimum parcel size for the resultant lot. Mr. LaHay stated that no new lot is being created. He summarized the reports and plans submitted in support of the application, as detailed in his report. The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement. Mr. LaHay stated that as the proposed lot adjustment (boundary adjustment) does not create a new lot, it does not constitute development under the Lake Simcoe Protection Plan. He noted that a natural buffer has been established adjacent to a small watercourse at the northeast corner of the remaining farm parcel and it will be maintained by the farm operator. Mr. LaHay summarized comments received, as detailed in his report. He noted that, subsequent to the writing of the report, additional comments were received from the City's Engineering and Assets Department advising that they do not support the application to facilitate the future consent until the applicant submits details regarding existing and proposed entrances, surface material and culverts. Mr. LaHay advised that the applicant is considering potentially formalizing a right-of-way over the existing drive to provide access to the retained lands. In addition, comments were received from the Lake Simcoe Conservation Authority identifying that the subject land is in proximity to key environmental areas that will require appropriate buffering and protection. Mr. LaHay responded to questions from Committee members.

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

Dan Stone of Planscape Inc. stated that the previously established abattoir operation was partially destroyed by a fire late last fall and that his client is committed to re-establishing the operation. He advised that demolition permits have been applied for and received. Mr. Stone stated that the City's Official Plan allows for boundary adjustments and, as no new lots are being created, the application does not constitute development under the Lake Simcoe Protection Plan. He advised that there is a heavily wooded edge surrounding the tributary on the lands and the land up to that edge and within the 30 metre buffering area is currently being cultivated. He stated that they can accept the Environmental Protection Zone buffer on the condition that the existing cultivation can continue. He stated, in regards to concerns expressed over access, a condition could be imposed on the consent application that the right-of-way agreement over the farm property be formalized or that approval for access to the property be secured. Mr. Stone stated that he is satisfied that the concerns of both the Kawartha Region Conservation Authority and the City's Engineering and Assets Department can be addressed and requested that the Committee recommend the applications move forward. Mr. Stone 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 1:59 p.m.
  • Item 3.1

    PC2016-004
    Moved ByMayor Letham
    Seconded ByCouncillor Yeo
    RECOMMEND THAT Report PLAN2016-006, respecting MACALPINE - Application D06-16-007, be received;
    THAT the proposed Zoning By-law Amendment for Application D06-16-007 be forwarded to Council for approval and adoption; and
    THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this application.
    CARRIED
  • Item 3.2

    PC2016-005
    Moved ByCouncillor Breadner
    Seconded ByCouncillor Yeo
    RECOMMEND THAT Report PLAN2016-008, respecting Part Lot 15, Concession 6, Geographic Township of Ops, and identified as 36 and 44 Golden Mile Road, Application No. D06-16-005, be received;
    THAT the proposed Zoning By-law Amendment for application D06-16-005, substantially in the form attached as Appendix D to Report PLAN2016-008, be approved and adopted by Council;
    THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this application; and
    THAT livestock be permitted to remain in the barn on the subject property until May 15, 2016.
    CARRIED
  • Item 3.3

    PC2016-006
    Moved ByCouncillor Breadner
    Seconded ByCouncillor Junkin
    RECOMMEND THAT Report PLAN2016-009, respecting Part of Lots 2 and 3, Concession B, Geographic Township of Mariposa, Application D06-16-006, be received;
    THAT a Zoning By-law Amendment respecting application D06-16-006, substantially in the form attached as Appendix C to Report PLAN2016-009, 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
  • Item 3.4

    PC2016-007
    Moved ByCouncillor Yeo
    Seconded ByCouncillor Breadner
    RECOMMEND THAT Report PLAN2016-011, respecting Part N 1/2 Lot 1, Concession 10, RP 57R-9042 Parts 2 and 3, Geographic Township of Mariposa, 2030044 ONTARIO INC. and DEVOS - Application D01-16-001 and D06-16-004, be received;
    THAT a by-law to implement Official Plan Amendment Application D01-16-001 be forwarded to Council for approval and adoption;
    THAT a by-law to implement Zoning By-law Amendment Application D06-16-004 be forwarded to Council for approval and adoption; and
    THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of these applications.
    CARRIED
Ian Walker, Planner II
An application to amend the Township of Fenelon Zoning By-law to rezone a portion of the land from Environmental Protection (EP) Zone to Agricultural Exception Nineteen (A1-19) Zone on a vacant lot described as Part of Lot 21, Concession 7, Geographic Township of Fenelon, City of Kawartha Lakes, 896 Country Lane (MITOV - Planning File D06-15-021)

Mr. Walker provided a brief overview of his report. He confirmed that 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 land from Environmental Protection (EP) Zone to Agricultural Exception Nineteen (EP-19) Zone to facilitate the construction of a new single family dwelling. Mr. Walker stated that the applicant has revised the rezoning application to include only the portion of the lot where the proposed dwelling is located. The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement. Mr. Walker summarized the correspondence received to date, as detailed in his report, noting that the Ministry of Natural Resources and Forestry have field verified the wetland boundary and Kawartha Region Conservation has confirmed that the scoped Environmental Impact Study has addressed the Provincial Policy Statement and Official Plan requirements for the building site.

  • PC2016-008
    Moved ByMayor Letham
    Seconded ByCouncillor Junkin
    RECOMMEND THAT Report PLAN2016-007, respecting MITOV - Application D06-15-021, be received;
    THAT a Zoning By-law Amendment respecting application D06-15-021, substantially in the form attached as Appendix E to Report PLAN2016-007, 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
​​
  • Moved ByCouncillor Yeo
    Seconded ByCouncillor Miller

    RESOLVED THAT the Planning Committee Meeting adjourn at 2:10 p.m.

    CARRIED
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