The Corporation of the City of Kawartha Lakes

MINUTES

PLANNING ADVISORY COMMITTEE

Meeting #:PC2016-03
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
  • Rob Macklem
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, R. Macklem, G. Miller, and H. Stauble were in attendance.

Deputy Clerk and Recording Secretary A. Rooth, Director of Development Services C. Marshall, Planning Coordinator S. Rea, Planner II M. LaHay, Planner II I. Walker, Planner I D. Harding 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 Miller
    Seconded ByMayor Letham

    RESOLVED THAT the agenda for the Wednesday, March 9, 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.

Sherry L. Rea, Planning Coordinator
Applications for Official Plan and Zoning By-law Amendment to permit a 2 phased Country Inn development on a portion of the property described as Part Lots 4 and 5, Concession 2, Ge
ographic Township of Emily, now City of Kawartha Lakes and being vacant land on Ski Hill Road (SOBRIAN/KIEZEBRINK)
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.

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 summarized the application, explaining that it proposes to redesignate and rezone a portion of the property to Tourist Commercial and Recreation Commercial (C3) to permit a two phased Country Inn development on the property with on-site guest services. The first phase will include a country estate building with approximately 14 guest rooms, manager's apartment and a conference/event facility and three small two bedroom cottages to assist with demand for accommodations. The second phase will include the construction of a lodge with guest rooms and conference rooms. Ms. Rea summarized documents submitted in support of the application, as detailed in her report. The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement. Ms. Rea stated that the applicant is requesting an Official Plan Amendment to permit the use and, for further clarity, is requesting a Special Policy Area be applied to introduce and confirm the Country Inn use and definition. The balance of the property will remain rural and, through confirmation of a scoped Environmental Impact Statement, environmentally protected areas will be further protected by an increased buffering area. The Zoning By-law Amendment will clarify the proposed use and an Exception Zone may be required to address any additional ancillary uses and/or site specific development standards. Ms. Rea stated that staff are recommending that the development area only be subject to site plan control through the use of a Holding (H) provision to address the details of development. She summarized comments received to date, as detailed in her report, noting that subsequent to the writing of the report, several additional comments were received and circulated to Committee, with the majority in support of the application. Staff also responded to an inquiry from Mississaugas of Scugog Island First Nation and confirmed that the proposed development is not located within 300 metres of a watercourse, correspondence was received from Bridgestone Racing Academy in support of the application and the City's Engineering and Corporate Assets Department advised they have no concerns but will provide further comment during site plan stage regarding the entrance off of Ski Hill Road. Ms. Rea responded to questions from Committee members.

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

Kent Randall of EcoVue Consulting Inc. stated that they are in support of the recommendations made in the staff report and introduced Deborah Kiezebrink. Ms. Kiezebrink stated that she is the owner of the Nestleton Waters Inn, a 10 suite bed and breakfast currently operating in the City. She advised that they are looking for an opportunity to expand their business and make it a viable year round business to fill the need for expanded accommodations in the area. Ms. Kiezebrink stated that they work with many small businesses in the area on events and she is confident those partnerships will continue. She stated that they have been searching for a suitable property that is large enough to offer privacy and closeness to nature. Ms. Kiezebrink and Mr. Randall responded to questions from Committee members.

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

Dr. Jules Sobrian countered some of the objections made by Randy Chamberlain and Donna Querengesser with regard to the proposed country inn. He outlined the topography of the lots and stated that the proposed ponds will only serve to enhance wildlife habitat, that this is not a high density facility being proposed and that it should not impede the scenic view enjoyed by neighbours. Dr. Sobrian stated that well water is drawn from underground aquifers and the development will not negatively affect the water supply for any adjoining properties.

Tom Bent, a local farmer, expressed concern that his property will be restricted from building additional livestock facilities because of the development on this property. He expressed further concern regarding trespassing, noise, water supply and increased risk of fires in the dry season. Mr. Bent stated that they spread manure, spray crops, harvest and plant as part of their regular agricultural operations and that these activities are not compatible with the country inn use. He requested that a statement of agricultural practices be attached to the proposal so both current and future owners recognize adjacent agricultural uses. Mr. Bent responded to questions from Committee members.

Randy Chamberlain stated that he and Ms. Querengesser purchased their property four years ago in search of a peaceful rural property to eventually build on with a high view of water and other scenic views. At that time, he stated that he was assured by both the conservation authority and the City that no development could take place in the area. He stated that he and his wife have a motorhome parked on the property that they stay in on weekends and that, although heavy equipment is heard during the daytime hours, evenings are quiet and peaceful. He expressed concern that the proposed development will scare off the many deer who frequent the area. Ms. Querengesser stated that she does not feel the development is consistent with the Provincial Policy Statement. She stated that the proposed development is not appropriate for the size of the property and expressed concern over servicing issues and the potential merging of the two lots in future. Mr. Chamberlain and Ms. Querengesser requested that a full noise study be done, that all wetlands in the area be evaluated by the Ministry of Natural Resources and that the notice circulation area be expanded. They responded to questions from Committee members.

Robert Denton, a local resident, stated that he does not want to tolerate this type of development twenty-four hours a day, seven days a week. He expressed concern regarding incompatibility with agricultural operations, privacy, noise, water supply and increased potential for fires in the dry season.

Elizabeth Peeters, a resident of Omemee, stated that she lives on an active farm and understands the concerns of the agricultural community. She noted that the Kiezebrinks currently operate Nestleton Waters Inn which is also located in a farming area. She stated that the types of people seeking this venue will be looking for sedate events in a country setting. Ms. Peeters stated that she feels the proposed development would be an asset to the community of Omemee and could bring additional business and support to local vendors.

Councillor Martin stated that the current zoning on the subject property allows uses such as a grain plant and agricultural operation, both uses that are far noisier than what is being proposed. She stated that as Part of Omemee Downtown Revitalization Project she is very aware of the need for development such as this to bring people to the Omemee area and to serve all of the City of Kawartha Lakes. She stated that she strongly supported the application.

David Ross stated that he owns land to south of the subject property and that he is generally in favour of the proposal and he did not want to see a quarry or pit operation or any wind turbines. He did express concerns regarding noise and light pollution and suggested that a curfew should be imposed on outdoor activities. Mr. Ross expressed concern regarding future use of the property should it be sold and requested that a restriction be placed on the rezoning to limit development by subsequent owners. He stated that he was concerned with the impact the development will have on local real estate values and taxes for adjacent property owners.

Helen Hutchin stated that she grew up and attended school in the area and that there were few local opportunities for students to find learning opportunities in the hotel and tourism industry. She stated that the proposed development represents enhanced local opportunities for both students and people working in this industry.

Kent Randall of EcoVue Consulting Inc. stated that they will take today's comments into consideration. He advised that the proposed development is not near any environmentally protected lands and that the Scoped Environmental Impact Study is being reviewed by the proper agencies. Mr. Randall stated that in his professional opinion there is sufficient justification for the proposal under the Official Plan, noting that a site specific zoning will be applied to the property. He responded to questions from Committee members.

No other persons spoke to the application.

The meeting recessed at 2:30 p.m and reconvened at 2:35 p.m.
Ian Walker, Planner II
Applications to amend the Lindsay Official Plan  (D01-16-003) and Zoning By-law  (D06-16-010)  to permit additional uses on the property identified as 449 Kent Street West, Lindsay (LINDBROOK DEVELOPMENTS INC.)
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. 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 General Commercial designation policies and the General Commercial (GC) Zone to include additional uses including; small scale Medical Clinic, small scale office uses and two retail establishments. The property contains two freestanding buildings and there are a total of 143 parking spaces on site, however, some of these fall within the Ministry of Transportation control area, which are not recognized as parking spaces for the purposes of the Zoning By-law. Mr. Walker advised that the applicant has verbally indicated they plan to remove the two proposed retail uses from the application if necessary. If approved, these applications will permit additional uses in the existing buildings. The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement. Mr. Walker stated that, subsequent to the writing of the report, verbal comments were received from Martyn Stollar expressing multiple concerns including: a prohibition of offices in the General Commercial designation of the Town of Lindsay Official Plan; that parking was calculated using gross leasable floor area, not gross floor area; that category specific retail establishments are to be developed in conjunction with one or more large format retail uses; and that the Town of Lindsay Official Plan has been re-titled as the Lindsay Secondary Plan and that, as such, it has been forwarded to the Ontario Municipal Board as part of the Secondary Plan endorsement in December of 2015. Mr. Walker stated that the concern brought forward by Mr. Stollar is that by passage of the City of Kawartha Lakes Official Plan, as approved by the Ministry of Municipal Affairs and Housing in 2012 is that the Town of Lindsay Official Plan and the Fenelon Falls Official Plan become secondary plans, and by the process of endorsing the Lindsay Secondary Plan in December, both the Lindsay Official Plan and the Lindsay Secondary Plan would have been forwarded to the Ontario Municipal Board as part of that appeal. He stated that staff are currently awaiting a legal interpretation from the City Solicitor on this matter. Mr. Walker summarized comments received to date, as detailed in his report, noting that, subsequent to the writing of the report, additional comments were received from Curve Lake First Nation, verbal comments were received from Martyn Stollar as previously referenced, including a request to be added to the circulation list for this file, and the applicant, Kevin Duguay, has submitted additional rationale in regards to the parking calculations. Mr. Walker stated that staff are respectfully recommending that the application be referred back to staff for further review and processing. Mr. Walker and Director Marshall 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. provided a history of the development. He acknowledged the parking spaces across the front of the property are under the Ministry of Transportation jurisdiction, noting that the Ministry has indicated to him that they may be releasing their interest in this section Kent Street in the future. He stated that these Official Plan and Zoning By-law Amendment applications were prompted by inquiries from local business professionals to utilize space in the development. Mr. Duguay stated that he considers the Town of Lindsay Official Plan as the applicable governing policy document in relation to this application, noting that the Lindsay Secondary Plan does not yet have status despite being endorsed by Council as it remains under appeal. He further stated that other exceptions permitting an office have been approved and that this is why the Official Plan Amendment is being requested. Mr. Duguay confirmed that adequate parking is available on site, stating that if additional parking were required, it could be achieved through an amendment to the Site Plan Agreement. He confirmed that the applicant is no longer pursuing the request for two additional retail uses at this time. Mr. Duguay requested that the application be advanced to Council for consideration. 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.

Mark LaHay, Planner II
An application to remove the Holding (H) symbol from the Township of Fenelon Zoning By-law 12-95 to change the Highway Commercial Exception Six (C2-6) (H) Holding Zone to Highway Commercial Exception Six (C2-6) Zone which will be amended to also permit a towing facility on the property known as 317 Ranchers Road and legally described as Part of Lot 14, Concession 7, being Part 3, 57R-6073, Geographic Township of Fenelon, now in the City of Kawartha Lakes (TOW-ALL 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. 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 it proposes to remove the Holding (h) Symbol and to change the zone category from Highway Commercial Exception Six (C2-6)(H) Holding Zone to Highway Commercial Exception Six (C2-6). The change would also permit a towing facility consisting of an office and garage for tow trucks and outdoor storage associated with the business. Mr. LaHay summarized documents received 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. The C2-6 Zone also has site specific lot and yard provisions and would be subject to having not more than one outdoor storage area per lot. Mr. LaHay summarized the comments received to date, as detailed in his report. He stated that, subsequent to the writing of the report, additional comments were received from; Kawartha Lakes Fire and Rescue advising that they had no concerns, the Ministry of Transportation advising that additional items in the Stormwater Management Report need to be addressed and/or clarified prior to their endorsement, the City's Water and Wastewater Division advising they had no concerns and the City's Engineering Division advising they require further details on elevations and the Stormwater and Drainage Plan. Two public inquiries were received from the owners of 246 Ranchers Road, expressing concerns regarding access to the property via Ranchers Road, containment of spills and run-off and outdoor storage, and the owners of 348 Ranchers Road advising that there may be water quality issues in the area. Mr. LaHay responded to questions from Committee members.

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

Lucas Lowell stated that there will only be short term storage of vehicles on the property. He advised that his existing facility is well maintained and he takes pride in ensuring that the property looks respectable. Mr. Lowell stated that a consultant has been hired to review potential issues with elevations and water. He noted that he would ensure a plan is in place to promptly address the removal of any spills. Mr. Lowell responded to questions from Committee members.

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

JoAnne (Jones) Greig of 246 Ranchers Road expressed concern regarding increased traffic and access to Ranchers Road and requested that access to the property be via Highway 35. She stated that water and rain runoff leading to contamination of the water supply from spills, is a primary concern, noting that she was pleased that the plans include a swale and sand filter. She expressed concern regarding hours of operation, the potential for future expansion, noise and air pollution, the extent of outdoor storage, protection of endangered species and ensuring the natural integrity of their farm is maintained. She recommended that future, ongoing monitoring, including soil tests, water tests and toxic waste be required on the property. Ms. Jones responded to members of Committee.

Councillor Strangway stated that he was pleased to see consideration be given to this proposal and that he hoped any remaining obstacles can be addressed in order for it to proceed.

Stephen Sparrow of M.V. Wilson Engineering, stated that in regards to the potential for oil spills, the desire is to meet enhanced level one protection for the site and this will include the removal of both oils and sediment from the site. He stated that this issue will be carefully reviewed to ensure it is adequately addressed. Mr. Sparrow stated that Ministry of Transportation policy does not allow any new access off of Highway 35, therefore this development will require access off of Ranchers Road. He stated that the swale across one side of the property is intended to divert existing run off from the highway and that there are no plans for future development on that portion of the property. Mr. Sparrowresponded to questions from Committee members.

No other persons spoke to the application.

The Public Meeting concluded at 3:28 p.m.
Sherry L. Rea, Planning Coordinator
An application for Condominium Description Exemption for a 22 unit apartment building on land identified as 29 Lakewood Crescent, former Village of Bobcaygeon, now City of Kawartha Lakes
Ms. Rea provided a brief overview of her report stating that the applicant has applied for a Condominium Description Exemption. She stated that this type of exemption is permitted under the Condominium Act where it speaks to applicable Sections of the Planning Act and is permitted if three (3) planning criteria are met; conformity with the Official Plan and Zoning By-law, the development has undergone a public consultation process and the development has been subject to a comprehensive municipal review. This application meets all of these planning criteria. A Site Plan Agreement is in place and the City is in receipt of the appropriate securities. Ms. Rea responded to questions from Committee members.
  • PC2016-012
    Moved ByMayor Letham
    Seconded ByCouncillor Miller

    RECOMMEND THAT Report PLAN2016-013, respecting Lot 59, RCP 564, former Village of Bobcaygeon, and identified as 29 Lakewood Crescent, Application No. D04-16-001, be received;
    THAT the Application for Condominium Description Exemption filed by Greg Knight, on behalf of 1735549 Ontario Inc. for a 22 unit apartment building, 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
David Harding, Planner I
Consent Agreements to implement a condition of five consent applications to create five residential lots on property described as Part South Half Lot 21, Concession 1, Geographic Township of Mariposa, City of Kawartha Lakes, identified as 188 Valentia Road (Michelle and Jim WARD - Planning File D03-14-043 to D03-14-047)

Mr. Harding provided a brief overview of his report, noting that approval of the consent agreement will fulfill a condition of five (5) provisional consent applications to create five (5) residential building lots on the subject lands. The agreement is required to secure asphalt, curb and gutter works to match the existing road treatment in the Hamlet of Valentia. Mr. Harding and Ms. Sisson responded to questions from Committee members.

  • PC2016-013
    Moved ByMayor Letham
    Seconded ByCouncillor Miller

    RECOMMEND THAT Report PLAN2016-019, respecting Part South Half Lot 21, Concession 1, Geographic Township of Mariposa, Applications D03-14-043 to D03-14-047, be received;
    THAT the Consent Agreement respecting Consent Applications D03-14-043 to D03-14-047, substantially in the form attached as Appendix C to Report PLAN2016-019, be approved by Council; and
    THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this application.

     
    CARRIED
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