The Corporation of the City of Kawartha Lakes

MINUTES

PLANNING ADVISORY COMMITTEE

Meeting #:PC2017-07
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
  • Mike Barkwell
  • Debbie Girard
Accessible formats and communication supports are available upon request.

Chair O'Reilly called the meeting to order at 1:04 p.m. Mayor A. Letham, Councillors B. Junkin, R. Macklem, H. Stauble and A. Veale and M. Barkwell and D. Girrard were in attendance.

Late Arrival: Councillor Miller 1:10 p.m.

Deputy Clerk and Recording Secretary J. Watts, Director of Development Services C. Marshall, Director of Engineering and Corporate Assets J. Rojas, Manager of Planning R. Holy, Supervisor of Development Planning S. Rea, Supervisor of Development Engineering C. Sisson, and Large Development Planning Officer I. Walker  were also in attendance.

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

  • Moved ByCouncillor Junkin
    Seconded ByCouncillor Macklem

    RESOLVED THAT the agenda for the Wednesday, July 5, 2017 Planning Advisory Committee Meeting be adopted as circulated, and with the following amendments:

    Additions:

    Deputations:
    Items 5.1 and 5.2

    Correspondence:
    Items 6.1, 6.2, 6.3, 6.4 and 6.5

    Amendment:

    Report PLAN2017-045 be moved from Section 3 (Public Meeting) to Section 7 (City of Kawartha Lakes Reports)

    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 Rea, Development Planning Supervisor
Application for Zoning By-law Amendment together with a Draft Plan of Subdivision to permit a residential plan of subdivision consisting of 9 lots for single detached dwellings, 7 lots for semi-detached dwellings and 12 blocks for townhouse dwellings on the north side of Alcorn Drive and west of Victoria Avenue North, Geographic Township of Ops, former Town of Lindsay, now City of Kawartha Lakes. (Dunster Investments Inc. – Woods of Jennings Creek – Phase 2)

The Chair requested staff to advise on the manner of giving notice for the proposed zoning by-law amendment and draft plan of subdivision application.  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 120m and a sign was posted on the subject property.  She summarized the application, explaining that it proposes to permit a residential plan of subdivision consisting of 9 lots for single detached dwellings, 7 lots for semi-detached dwellings (14 units) and 12 blocks for townhouse dwellings (38 units) and known as Woods of Jennings Creek – Phase 2. The proposed lots will front onto 2 new internal crescents off of Alcorn Drive and an extension of Victoria Avenue North and will be developed on full urban services. The zoning by-law amendment proposes to rezone the land from the Residential One Holding One (R1)(H1) Zone to the Residential Two (R2), Residential Three (R3) and Residential Multiple One (RM1) Zones. The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement.  Ms. Rea 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 Pat Murphy, on behalf of Samaryn Ltd., who expressed interest with services being extended to William Street North, and the construction of a new bridge over the Jennings Creek. She stated that the appropriate documentation had been submitted, but not all comments had been received from circulated agencies and City departments, and as such staff are respectfully requesting this application be referred back to staff for receipt and review of all outstanding comments. Ms. Rea and Ms. Sisson responded to questions from Committee members.

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

Louis Devor spoke on behalf of the applicant stating that the subdivision plan includes a proposal to name one street after the late former NHL player Bill Speer at the request of his wife.

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

Pat Murphy spoke on behalf of Samaryn Ltd. and stated that he submitted correspondence outlining his concerns that were added to the Amended Agenda. He stated that Samaryn's residential lots along William Street N of the Springdale Gardens subdivision were established in 1964, and have not been developed as they are south of the Jennings Creek, and services have not been extended south of the creek. He requested that adequate services be extended northward from the applicant's subdivision to connect to Samaryn's undeveloped lots. He also expressed concerns about the need for replacement of the culverts the creek passes through from West of William Street to the Scugog River, as they pose a bottleneck risk right now to the water flow.  

No other persons spoke to the application.

Richard Holy, Manager of Planning
Official Plan Amendment, Draft Plan of Subdivision, and Zoning By-law Amendment Applications to permit Retail and Service Commercial and Prestige Employment Uses with a Collector Street, 2387 Highway 7 and 332 Lindsay Street South, Geographic Township of Ops (Bromont Investments Inc.)

The Chair requested staff to advise on the manner of giving notice for the proposed official plan amendment, draft plan of subdivision, and zoning by-law amendments.  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 500m of the subject property.  He summarized the application, explaining that it proposes to redesignate the subject lands from Highway Commercial, Tourist Commercial, and Environmental Protection to Highway Commercial, Mixed Use Gateway, Prestige Industrial, and Parks and Open Space. It also proposed to amend the current zoning from Agricultural (A) Zone, Highway Commercial (CH) Zone, and Open Space Exception Three (OS-3) Zone to the appropriate zones to implement the proposed Official Plan Amendment. The Draft Plan of Subdivision proposes a subdivision plan with 2 commercial blocks, 11 industrial blocks, 2 open space blocks, and 2 servicing blocks. He noted the 15 reports and plans (summarized in his report) as submitted by the applicant to support their application, and he stated that they have been submitted to various City Departments and commenting Agencies for review. Of note, a peer review will be conducted of the submitted Retail Market Study, and comments are yet to be received from the Ministry of Transportation on their submitted Traffic Study. Full conformity to the Growth Plan and consistency with the Provincial Policy Statement will be established upon further review of the applications.  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 M. Stollar and G. Petch, and their comments were circulated with the amended agenda.  Mr. Holy and Mr. Rojas responded to questions from Committee members.

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

Nic Macos and Michael Bissett spoke on behalf of the applicant. Mr. Macos stated that the application could accommodate up to 1700 jobs, and that with him today are many consultants that could add their enthusiasm for the project. He stated that Bromont has a successful track record in the community, and that this was an opportunity to look forward and build. Mr. Bissett gave an overview of the application highlighting the various commercial and industrial aspect to the application. He noted that the existing Township of Ops Official Plan limits the type of development that could be developed on the property, and that the redesignation of the lands would be justified. He stated that the proposal would be for employment uses only, and an expansion of the settlement area in the secondary plan would be appropriate. He noted that Pivotal Therapeutics has committed to relocating to the industrial lands. He also added that the application seeks to obtain flexibility for commercial options including a large department store, and that they are willing to work with the Ministry of Transportation for approvals for the entrance to Highway 7. He stated that this application allows for competition in the community, and he believed that this will not negatively impact other commercial areas of the City. He responded to questions from Committee members.

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

Martyn Stollar noted that he submitted two pieces of correspondence that were circulated with the amended agenda regarding this application. He summarized his correspondence stating that he believed this application was premature as the lands are currently not in the Secondary Plan area, and that Bromont’s urban expansion was currently before the OMB. He stated that there was no need to expand the growth area to accommodate the projected growth as their was sufficient available lands elsewhere in Lindsay for commercial and industrial development. He also questioned the commitment of Pivotal Therapeutics with Bromont, as he stated there was question about the finances and current operations of the organization. He stated concern that the City had not done enough to keep existing employment jobs, and questioned why should the City promote this development. He requested that staff forward his correspondence to the Retail Study peer review to be conducted.  

Dr. George Jackowski spoke on behalf of Pivotal Therapeutics. He stated that he had been involved in this project since 2012, and presented his Queen's Jubilee award winning experience creating over 1000 bio-tech jobs, and developing new products and patents. He stated that with proximity to transportation connections and local universities, he believed the location in Lindsay would create jobs. His proposal for the development would include a 'fill and finish' facility, as well a location for proprietary patent, genetic testing and functional food research. He confirmed the company is still functional, and will be trading again.   

No other persons spoke to the application.

  • PC2017-028
    Moved ByMayor Letham
    Seconded ByCouncillor Miller

    RECOMMEND THAT Report PLAN2017-041, respecting Part of Lot 24, Concession 5, geographic Township of Ops, former Town of Lindsay, now City of Kawartha Lakes and being vacant land north of Alcorn Drive and west of Victoria Avenue North, Applications D05-17-001 and D06-17-019, be received; and
    THAT the applications respecting the proposed Zoning By-law Amendment together with the Draft Plan of Subdivision be referred back to staff until such time as all comments have been received from all circulated Agencies and City Divisions.

    CARRIED
  • Moved ByCouncillor Junkin
    Seconded ByCouncillor Stauble

    RECOMMEND THAT Report PLAN2017-048, respecting Concession 6, Part Lot 17 RP 57R8319 Part 2 and RP 57R9544 Part 1; Concession 6 Part Lot 16, RP 57R7369 Part 1 and Part 6, geographic Township of Ops, Bromont Investments Inc. – Applications D01-17-005, D05-17-002 and D06-17-019, be received;
    THAT Applications D01-17-005, D05-17-002 and D06-17-019 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; and
    THAT the applications be brought back to the Planning Advisory Committee to a future Public Meeting.

    MOTION FAILED
  • PC2017-029
    Moved ByCouncillor Miller
    Seconded ByCouncillor Veale

    RECOMMEND THAT Report PLAN2017-048, respecting Concession 6, Part Lot 17 RP 57R8319 Part 2 and RP 57R9544 Part 1; Concession 6 Part Lot 16, RP 57R7369 Part 1 and Part 6, geographic Township of Ops, Bromont Investments Inc. – Applications D01-17-005, D05-17-002 and D06-17-019, be received; and
    THAT Applications D01-17-005, D05-17-002 and D06-17-019 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

Martyn Stollar
Planning Approvals Task Force Recommendations Update
Relating to Item 7.5 on the Agenda

Mr. Stollar noted that he had submitted correspondence on this matter and it was circulated on the amended agenda. He summarized his written concerns about the delegation of authority for draft plan approvals to be signed by the Director of Development Services and the Mayor. He expressed that it was his view that Council should retain this authority. He stated that delays are already built into this process, so he questioned why Council would want to rush the final approval step. He also requested more involvement of the City Treasurer in the process, and for further review of processes from other municipalities. He responded to questions from the members of the Committee.

  • Moved ByCouncillor Miller
    Seconded ByCouncillor Macklem

    RESOLVED THAT the deputation of Martyn Stollar, regarding Report PLAN2017-049, be received.

    CARRIED

Dan Stone
Thorstone Consulting
Application to amend the Township of Fenelon Zoning By-law to add a custom metal roofing, siding and supplies business as an additional permitted use on a portion of the property identified as 1993 Glenarm Road, Fenelon (Brenneman)
Relating to Item 7.4 on the Agenda

Mr. Stone thanked Mr. Walker and Planning staff for their work on the application. He requested that the Holding provision on the zone not be required, as he stated that he believed the additional requirements for the application could be fulfilled through the Site Plan Process.

  • Moved ByCouncillor Veale
    Seconded ByMayor Letham

    RESOLVED THAT the deputation of Dan Stone, Thorstone Consulting, regarding Report PLAN2017-045, be received.

    CARRIED

Martyn Stollar, Managing Director
J. Stollar Construction Limited
June 26, 2017 Correspondence
Official Plan Amendment, Draft Plan of Subdivision, and Zoning By-law Amendment Applications to permit Retail and Service Commercial and Prestige Employment Uses with a Collector Street, 2387 Highway 7 and 332 Lindsay Street South, Geographic Township of Ops (Bromont Investments Inc.)

  • Moved ByMayor Letham
    Seconded ByCouncillor Veale

    RECOMMEND THAT the June 26, 2017 correspondence from Martyn Stollar, regarding Report PLAN2017-048, be received.

    CARRIED

Martyn Stollar, Managing Director
J. Stollar Construction Limited
June 29, 2017 Correspondence
Official Plan Amendment, Draft Plan of Subdivision, and Zoning By-law Amendment Applications to permit Retail and Service Commercial and Prestige Employment Uses with a Collector Street, 2387 Highway 7 and 332 Lindsay Street South, Geographic Township of Ops (Bromont Investments Inc.)

  • Moved ByCouncillor Macklem
    Seconded ByD. Girard

    RECOMMEND THAT the June 29, 2017 correspondence from Martyn Stollar, regarding Report PLAN2017-048, be received.

    CARRIED

Martyn Stollar, Managing Director
J. Stollar Construction Limited
Planning Approvals Task Force Recommendations Update

  • Moved ByCouncillor Junkin
    Seconded ByCouncillor Macklem

    RECOMMEND THAT the July 3, 2017 correspondence from Martyn Stollar, regarding Report PLAN2017-049, be received.

    CARRIED

Gordon Petch, on behalf of Mason Homes Limited
Official Plan Amendment, Draft Plan of Subdivision, and Zoning By-law Amendment Applications to permit Retail and Service Commercial and Prestige Employment Uses with a Collector Street, 2387 Highway 7 and 332 Lindsay Street South, Geographic Township of Ops (Bromont Investments Inc.)

  • Moved ByD. Girard
    Seconded ByCouncillor Junkin

    RECOMMEND THAT the June 30, 2017 correspondence from Gordon Petch, regarding Report PLAN2017-048, be received.

    CARRIED

Pat Murphy
Samaryn Ltd.
Application for Zoning By-law Amendment together with a Draft Plan of Subdivision to permit a residential plan of subdivision consisting of 9 lots for single detached dwellings, 7 lots for semi-detached dwellings and 12 blocks for townhouse dwellings on the north side of Alcorn Drive and west of Victoria Avenue North, Geographic Township of Ops, former Town of Lindsay, now City of Kawartha Lakes. (Dunster Investments Inc. – Woods of Jennings Creek – Phase 2)

  • Moved ByCouncillor Macklem
    Seconded ByM. Barkwell

    RECOMMEND THAT the July 4, 2017 correspondence from Pat Murphy, regarding Report PLAN2017-041, be received.

    CARRIED

Christina Sisson, Supervisor of Development Engineering
Pre-Servicing of Subdivision Lands - Agreement Template Update

Ms. Sisson introduced her report noting that this template was initially brought forward, and received approval at the June 8, 2016 Planning Committee meeting. She highlighted proposed updates to the template including changes regarding the clearing of lands, tree removal, and pre-registration or model home construction. She noted that the updates have been reviewed by the Planning, Building, Engineering, and Public Works divisions of the City, as well as by Kawartha Conservation. She responded to questions from members of the Committee.  

  • PC2017-030
    Moved ByMayor Letham
    Seconded ByCouncillor Macklem

    RECOMMEND THAT Report ENG2017-006, respecting Pre-Servicing Agreement Template Updates be received;
    THAT the proposed template of the Pre-Servicing Agreement, substantially in the form attached as Appendix B to Report ENG2017-006, be approved; and
    THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this application.

    CARRIED

Christina Sisson, Supervisor of Development Engineering
Assumption of Manorview Subdivision Phases 11, 12, 13, 14, and 15, City of Kawartha Lakes

Ms. Sisson presented an overview of her report, stating that this report comes to the committee as the result of an inquiry about traffic control and maintenance and operation inquiries on Broad Street in the Cloverlea subdivision. She stated that after reviewing traffic in the area, staff determined the need to formally assume the Manorview subdivision roads (Murdoch, Wallace and McLaughlin).  The documentation on file confirmed all deficiencies in the subdivision had been corrected, all securities had been reduced, and the roads and all public services are eligible for public assumption. She responded to questions from the members of the Committee. 

  • PC2017-031
    Moved ByCouncillor Veale
    Seconded ByCouncillor Miller

    RECOMMEND THAT Report ENG2017-009, Assumption of Manorview Subdivision Phases 11, 12, 13, 14, and 15, City of Kawartha Lakes, be received;
    THAT the Assumption of Manorview Subdivision Phases 11, 12, 13, 14, and 15, City of Kawartha Lakes, be approved;
    THAT an Assumption By-Law, substantially in the form attached as Appendix A to Report ENG2017-009 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

Sherry L. Rea, Development Planning Supervisor
Request by Angeline Street Investments Inc. to enter into a Subdivision Agreement for Plan of Subdivision 16T-12502, File No. D05-18-106, Orchard Meadows on Jennings Creek being Part Lot 24, Concession 5, Geographic Township of Ops, former Town of Lindsay, now City of Kawartha Lakes

Ms. Rea stated that on March 3, 2015 Council granted Draft Plan approval to this 64 lot residential plan of subdivision. The applicant is now requesting that the City prepare the required subdivision agreement. She noted that payment under the North West Trunk Sewer Capital Charge was received, and that in September a pre-servicing agreement was executed for the establishment of earthworks and underground services. She noted that it is staff's understanding that payment of development charges will be deferred to the issuance of Building Permits. Staff is now respectfully requesting the execution of the subdivision agreement. Ms. Rea, Ms. Sisson and Mr. Rojas responded to questions from the members of the Committee.

  • PC2017-032
    Moved ByCouncillor Veale
    Seconded ByCouncillor Miller

    RECOMMEND THAT Report PLAN2016-040, respecting Part Lot 24, Concession 5, geographic Township of Ops, former Town of Lindsay, Application D05-18-106, Angeline Street Investments Inc. – 16T-12502, be received;
    THAT Schedule D Summary of Estimated Costs, in Appendix C to Report PLAN2017-040 shall list 100% of the cost of all works to the satisfaction of the Director of Development Services and the Director of Engineering and Corporate Assets;
    THAT the Subdivision Agreement for File No. D05-18-106 substantially in the form attached as Appendix C to Report PLAN2017-040, be approved and adopted by Council; and
    THAT the Mayor and Clerk be authorized to execute any documents and subsequent Agreement(s) required by the approval of this Agreement.

    CARRIED

Ian Walker, Planner II
Application to amend the Township of Fenelon Zoning By-law to add a custom metal roofing, siding and supplies business as an additional permitted use on a portion of the property identified as 1993 Glenarm Road, Fenelon (Brenneman)

Mr. Walker noted that this application was presented to Public Meeting at the March 8, 2017 Planning Committee meeting, with the recommendation that the matter be referred back to staff. Staff has confirmed no City licensing requirement for the proposed use, and have reviewed the proposal with the on-farm diversified uses as per the Provincial Policy Statement. He stated that the proposed industrial use is not permitted under the existing zoning, and the on-farm diversified use cannot exceed 2% of lot area to a maximum of 1ha. The application, as proposed, conforms to the Provincial Policy Statement, and as such, staff is recommending the adoption of the proposed zoning by-law. He responded to questions from the members of the Committee.  

  • PC2017-033
    Moved ByMayor Letham
    Seconded ByCouncillor Macklem

    RECOMMEND THAT Report PLAN2017-045, respecting West Half of Lot 21 and Part of Lot 22, Concession 5, Geographic Township of Fenelon, Brenneman – Application D06-17-007, be received;
    THAT a Zoning By-law Amendment respecting application D06-17-007, substantially in the form attached as Appendix D to Report PLAN2017-045, 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

Chris Marshall, Director of Development Services
Planning Approvals Task Force Recommendations Updates

Director Marshall presented an overview of the Planning Approvals Task Force Update. He noted that the recommendations have been introduced as a result of 16 Task Force meetings, and the existing industry trends. He highlighted the trends in Building Statistics, trends in planning statistics, customer service improvements, security deposits alterations, application guidelines, communications updates, and improvements with the Kawartha Conservation process. A copy of the presentation is available in the Clerk's Office. He and Ms. Rea responded to questions from the members of the Committee.

  • PC2017-034
    Moved ByMayor Letham
    Seconded ByCouncillor Miller

    RECOMMEND THAT Report PLAN2017-049, Planning Approvals Task Force Recommendations Update, be received; and
    THAT a copy of Report PLAN2017-049, Planning Approvals Task Force Recommendations Update, be appended to the Minutes of the July 5, 2017 Planning Advisory Committee meeting.

    CARRIED
​​
  • Moved ByD. Girard
    Seconded ByCouncillor Stauble

    RESOLVED THAT the Planning Advisory Committee Meeting adjourn at 4:07 p.m.

    CARRIED