The Corporation of the City of Kawartha Lakes

MINUTES

PLANNING ADVISORY COMMITTEE

Meeting #:PC2017-02
Date:
Time:
-
Location:
Council Chambers
City Hall
26 Francis Street, Lindsay, Ontario K9V 5R8
MEMBERS:
  • Mayor Andy Letham
  • Councillor Brian Junkin
  • Councillor Rob Macklem
  • Councillor Gord Miller
  • Councillor Patrick O'Reilly
  • Councillor Heather Stauble
  • Councillor Andrew Veale
  • Councillor Pat Dunn
  • Councillor Doug Elmslie
Accessible formats and communication supports are available upon request.

Chair O'Reilly called the meeting to order at 1:01 p.m. Mayor A. Letham and Councillors A. Veale, B. Junkin, D. Elmslie, H. Stauble, and R. Macklem were in attendance.

Recording Secretary J. Watts, Director of Development Services C. Marshall, Planner II's L. Russell and I. Walker, Planner I D. Harding, Arts, Culture and Heritage Economic Development Officer D. Soule, and Supervisor of Development Engineering C. Sisson were also in attendance.

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

  • Moved ByCouncillor Elmslie
    Seconded ByCouncillor Stauble

    RESOLVED THAT the agenda for the Wednesday, February 8, 2017 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 Local Commercial Special Two (LC-S2) Zone in the Town of Lindsay Zoning By-law 2000-75 to include all permitted uses in the Local Commercial (LC) Zone, and amend the development standards on the property identified as 152 Elgin Street, Lindsay (SALEM INTERFIELDS HOLDINGS INC.)

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 identified that this is the second time this application has come forward for public meeting, as the first public meeting was held at the December 7, 2016 Planning Committee meeting. He confirmed that the required notice was given in accordance with the Planning Act and circulated to each owner of land within 120m, and a sign was posted on the subject property. He summarized the application, explaining that since the initial public meeting, the applicant has changed the types of uses proposed for the property, and is proposing to add a full range of permitted uses in the Local Commercial (LC) Zone. He also noted the additional development standards required for the site to accommodate the amendment including provisions for additional height allowance, reducing the lot frontage, and recognizing the reduced parking on the lot. The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement. He stated that staff is recommending further analysis on the parking requirements. He responded to questions from Committee members.

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

Kent Randall of EcoVue Consulting spoke on behalf of the applicant. He identified that the development standards changes were not recognized in the initial application, and that this was the reason for the additional public meeting. He stated that they are willing to continue to work with the Planning Department to ensure compliance with the by-law.

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

No other persons spoke to the application.

Richard Holy, Manager Policy Planning
Culture and Heritage Policy Amendments to the City of Kawartha Lakes Official Plan, the Town of Lindsay Official Plan and the Village of Fenelon Falls Official Plan

The Chair requested staff to advise on the manner of giving notice for the proposed amendments to the Kawartha Lakes, Lindsay and Fenelon Falls Official Plans. He also asked staff to briefly describe the proposal and summarize the correspondence, if any, received to date.

Ms. Linda Russell, Planner II, spoke on behalf of Mr. Holy who was unable to attend the meeting, and confirmed that the required notice was given in accordance with the Planning Act and circulated to the prescribed agencies, City Departments, interested individuals, and Heritage Victoria. She summarized the report, explaining that the amendment proposes to provide the necessary policy statements to enable the City to create Heritage Conservation Districts, request heritage impact assessments, and update requirements for archeological assessments. The basis for these amendments is consistent with the Provincial Policy Statement, the Growth Plan, and the Ontario Heritage Act. Ms. Russell summarized the comments received to date, as detailed in Mr. Holy's report, noting that subsequent to the writing of the report additional comments were received from EcoVue Consulting on behalf of Fenelon Trails. She noted that once all comments have been received on the draft amendments, final drafts will be presented to the Planning Committee. Ms. Russell, Ms. Debra Soule, and Director Chris Marshall responded to questions from Committee members.

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

Heather Sadler of EcoVue Consulting spoke on behalf of Fenelon Trails. In general, they support the proposed amendments, however she stated they are seeking clarification on suitable wording to ensure clear direction, as well as updating references to the Village as that entity no longer exists. Finally she expressed the need for these amendments to be better reflected in the Secondary Plans.

Tom Mohr, President of the Peterborough Chapter of the Ontario Archeological Society, expressed support to update the plans with requirements for archeological assessments. He also expressed support to the City to undertake a Municipal Archeological Management Plan, and offered assistance to complete this.

No other persons spoke to the application.

David Harding, Planner I
An application to amend the United Townships of Laxton Digby and Longford Zoning By-law 32-83 to recognize lot frontage, shoreline lot frontage, area and water setback/buffer requirements for the lots to be created on the property identified as 7244 Highway 35 (MOORE)

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 500m and a sign was posted on the subject property. He summarized the application, explaining that it proposes to satisfy the provisional consent requirements established by the Committee of Adjustment for the creation of two new lots on the property. The new lots will be rezoned from a Limited Service Residential (LSR) to Limited Service Residential Exception (LSR*) Zone to establish a 30m setback for all building and structures on the proposed lots. The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement. Mr. Harding 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 Kawartha Conservation, however staff had not had an opportunity to review the comments. Staff is recommending the application be sent back until such time as all comments have been reviewed. He responded to questions from Committee members.

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

Teresa Moore spoke on behalf of Craig Moore, the owner of the property. She gave a brief overview of the application history on the property, and stated that while they are not in support of the zoning requirements requested, they filed the application to fulfill the condition in the two provisional consent decisions. She expressed support for a 15m setback from the waterfront, which was supported by Kawartha Conservation pending the receipt of a Planting Plan. She identified concerns with a no-mow requirement for the waterfront setback, as additional setbacks from the road, yet to be identified by the Ministry of Transportation, may significantly limit the developable land. She thanked the Planning staff for their work, and responded to questions from Committee members

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

No other persons spoke to the application.

Linda Russell, Planner II
David Harding, Planner I
An application to amend the City of Kawartha Lakes Oak Ridges Moraine Zoning By-law 2005-133 to change the zone category on a portion of the property from Oak Ridges Moraine Country Side Area (ORMCS) Zone to an ORMCS Exception Zone on land described as Part Lots 8 & 9, Concession 3, former Township of Manvers, City of Kawartha Lakes, identified as 510 Telecom Road (DARMAR FARMS INC.)

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

Ms. Russell confirmed that the required notice was given in accordance with the Planning Act and circulated to each owner of land within 500m and a sign was posted on the subject property. She summarized the application, explaining that it proposes to fulfill a consent application to sever a residential lot with a dwelling, and retain the remaining agricultural and forested lands. The retained lands would be consolidated with non-abutting agricultural lands, and rezoned to prohibit residential use. She stated that staff are seeking direction from the Ministry of Environment and Climate Change, Ministry of Municipal Affairs and Housing, and the City Solicitor as to whether the Renewable Energy Approval on the property for a Wind Turbine Project sterilizes future development on the land. Ms. Russell summarized the comments received to date, as detailed in her report, noting that subsequent to the writing of the report additional comments were received from Paul Richardson of Pontypool in opposition to the application. Ms. Russell and Mr. Harding responded to questions from Committee members.

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

Bob Clark of Clark Consulting Services spoke on behalf of the applicant. He stated that they are aware of concerns about the location of the wind turbines from the proposed severed residence, and that they are willing to hear comments from the Ministry of Environment and Climate Change. He responded to questions from Committee members.

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

Vern Gunness of 521 Telecom Road questioned that had this consent application been applied for prior to the Renewable Energy Approval, approval for the REA may never have been given. He also asked if there would be further severances on the property, and who might want to live on a residential property so close to a Wind Turbine Project.

No other persons spoke to the application.

Ian Walker, Planner II
An application to amend the City of Kawartha Lakes Oak Ridges Moraine Zoning By-law 2005-133 to permit a single detached dwelling, Gray Road, Manvers (BINNIE)

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 500m and a sign was posted on the subject property. He summarized the application, explaining that it proposes to obtain a by-law exemption to permit the construction of a residential dwelling near an existing agricultural shed on Oak Ridges Moraine Core Area zoned lands. He stated that the zoning by-law does not permit construction of a residence since the lot is not accessible by an improved public street maintained year round (Gray Road, unopened portion). The application does not conform to the Growth Plan as it is not in conformity with the Oak Ridges Moraine Conservation Plan, and as such the application is also not consistent with the Provincial Policy Statement. Mr. Walker summarized the comments received to date, as detailed in his report, noting that subsequent to the writing of the report three separate petitions totaling 66 signatures were received in opposition to the application. Staff is respectfully requesting that the application be denied. He responded to questions from Committee members.

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

Bob Clark of Clark Consulting Services spoke on behalf of the applicant. He stated that Gray Road receives some maintenance and is being used to provide access to other properties along the road. They are seeking clarification on the status of the road, and options with the City including a Limited Service Agreement, or a License Agreement to use the road to access to the property. He addressed the concerns brought forward by Kawartha Conservation with possible flooding, and Environmental Assessment requirements, by confirming the location of the proposed residence is on an elevated cleared area. He stated that this application meets the intent of the Oak Ridges Moraine and Manvers Zoning By-laws, and it is their opinion that the application should be approved. He responded to questions from Committee members.

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

Mike Best of 154 Century Farm Road stated that the portion of Gray Road in question goes from Century Farm Road to Highway 35 and is maintained by an owner near the area. He stated that the agricultural shed on the property is acting as a cabin, which is not what was originally permitted. He also said that the existing driveway accessing the property does not have a culvert at the Gray Road entrance which could cause flooding concerns.

Susan Barber of 233 Century Farm Road expressed concern about the condition of Century Farm Road with heavy construction equipment using it to access the proposed building site.

Rose Niemirowski of 154 Century Farm Road stated that while a local resident currently uses and assists with the maintenance of the section of Gray Road in question, the road is not completely passable. She expressed concern that it was common knowledge that the property could not be built upon. She also believed that the Moraine should be protected.

No other persons spoke to the application.

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  • Moved ByCouncillor Veale
    Seconded ByCouncillor Stauble

    RESOLVED THAT the Planning Committee Meeting adjourn at 2:33 p.m.

    CARRIED