The Corporation of the City of Kawartha Lakes

Minutes

Planning Advisory Committee Meeting

PC2021-09

Wednesday, August 04, 2021

Electronic Public Participation - Meeting Commences at 1:00pm

Council Chambers

City Hall

26 Francis Street, Lindsay, Ontario K9V 5R8

Members:

• Mayor Andy Letham
• Deputy Mayor Patrick O'Reilly
• Councillor Kathleen Seymour-Fagan
• Councillor Andrew Veale
• Mike Barkwell
• Wayne Brumwell
• Jason Willock
• Councillor Doug Elmslie
• Councillor Pat Dunn

Accessible formats and communication supports are available upon request. The City of Kawartha Lakes is committed to accessibility for persons with disabilities. Please contact [email protected] if you have an accessible accommodation request.

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1.

Call to Order and Adoption of Agenda

Chairperson Councillor A. Veale called the meeting to order at 1:04 p.m. Mayor A. Letham, Deputy Mayor P. O'Reilly, Councillors K. Seymour-Fagan, and Committee Member W. Brumwell were in attendance.

Late Arrival: Mike Barkwell at 1:05pm

Deputy Clerk and Recording Secretary J. Watts, Acting Director of Development Services R. Holy, Supervisor of Development Engineering C. Sisson, Planning Officer - Large Developments I. Walker, and Planners II J. Derworiz and M. LaHay were also in attendance.

Absent: J. Willock

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

 

• PAC2021-055
  Moved By Councillor Seymour-Fagan
  Seconded By Mayor Letham

  That the agenda be adopted as circulated, and as amended.

  Carried

2.

Declarations of Pecuniary Interest

Other than the declaration made at item 6.2, no other declarations of pecuniary interest were made at this point on the agenda.

3.

Public Meeting Reports

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

PLAN2021-042

Application to Amend the Township of Manvers Zoning By-law 87-06 at 1449 Highway 7A, Bethany - Former Bethany Fire Hall
Jonathan Derworiz, Planner II

3.1.1

Public Meeting

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. Derworiz confirmed that the required notice was given in accordance with the Planning Act and circulated to each owner of land within 120 metres, and that a sign was posted on the subject property. He summarized the application, explaining that it proposes to rezone part of the subject land to permit an automobile service center that would be ancillary to the existing automotive operation south across Highway 7A. The proposed rezoning would permit the retrofit of the existing fire hall into a garage on the main floor with a parts and storage area on the second. Under the current CF Zone, such a use is not permitted and a rezoning to Highway Commercial (C2) Zone is proposed for only the CF Zone portion of the site with the existing O1 Zone remaining as is. Mr. Derworiz summarized the comments received to date, as detailed in his report, noting that subsequent to the writing of the report additional public comments were received via phone and email from residents regarding the proposed use of the former fire hall and the current operation of the existing automobile service centre. Kawartha Conservation also provided comment with no concerns with the application. With these comments, the application is consistent with the Provincial Policy Statement, and conforms to the Growth Plan for the Greater Golden Horseshoe and the Kawartha Lakes Official Plan. He stated that staff are now willing to alter their recommendation from the application being referred back to staff, to a recommendation that the application be forwarded to Council for approval. He responded to questions from Committee members.

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

Tom deBoer of TD Consulting spoke as the applicant and stated that they supported the report, and agreed with the new staff recommendation.

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

No other persons spoke to the application.

The Public Meeting concluded at 1:16 p.m.

3.1.2

Business Arising from the Public Meeting

• PAC2021-056
  Moved By Deputy Mayor O'Reilly
  Seconded By Councillor Seymour-Fagan

  That Report PLAN2021-042, Zoning By-law Amendment for 1449 Highway 7A, Manvers, be received; and

  That a By-law to implement Zoning By-law Amendment application D06-2021-017, be prepared, approved, and adopted by Council; and

  That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of these applications.

   

  Carried

3.2

PLAN2021-045

Application to Amend the Village of Bobcaygeon Zoning By-law 16-78 at Part of Lot 16, Concession 9, and Part of Park Lot 2, Registered Plan Number 70 - Three Lakes Development Inc.
Richard Holy, Acting Director of Development Services

3.2.1

Public Meeting

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. Holy confirmed that the required notice was given in accordance with the Planning Act for the Public Meeting held on July 14, 2021, and that this was an additional Public Meeting being held today. He summarized the application, explaining that it proposes to change to the R1-S14, R1-S15, R1-S16 and R1-S17 zones is to accommodate an encroachment of 1.5 m for any porch and an additional 1.5 m for any stairs beyond a porch in the front yard; and an encroachment of 1.8 m for any deck or stairs in the rear yard. The application is consistent with the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and the Victoria County Official Plan. Mr. Holy summarized the comments received to date, as detailed in his report, noting that in consideration of the public comments received, additional measures are being proposed by staff in the zoning by-law including a 2.0 m privacy fence between the properties on Hillcroft and Front Streets, and a drainage swale to address flooding concerns. Staff are recommending that the application be forwarded to Council for approval. He responded to questions from Committee members.

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

Eldon Theodore of MHBC spoke on behalf of the developer, and noted that there had been discussions since the previous meeting to address the public concerns. He noted that since the proposed 2.0 m privacy fence would present a significant engineering, and long-term safety challenge to place on top of the armour stone retaining wall, that they would be willing to forego their rear yard deck and stair encroachment requests. Mr. Theodore and Mr. Saad Tabani (on behalf of Three Lakes Development) responded to questions from Committee members.

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

Brian Levacic presented a series of questions including how a privacy fence could be constructed on the retaining wall, if the height of the fence would still ensure privacy, and what would prevent people from building decks in the future if the developers proposal is approved. The Chair permitted Mr. Theodore responded to the questions from Mr. Levacic.

No other persons spoke to the application.

The Public Meeting concluded at 1:46 p.m.

3.2.2

Business Arising from the Public Meeting

• PAC2021-057
  Moved By Deputy Mayor O'Reilly
  Seconded By Councillor Seymour-Fagan

  That Report PLAN2021-045, Rezoning Application - Three Lakes Developments Inc. (Former Rokeby Subdivision), be received;

  That, provided that there are no substantive public concerns raised at the Public Meeting, the rezoning application for the Three Lakes Developments Inc. (Former Rokeby Subdivision), City of Kawartha Lakes, substantially in the form attached as Appendix C to Report PLAN2021-045 be approved by Council; and

  That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this Agreement.

  Carried

4.

Deputations

4.1

PC2021-09.4.1

Kevin Duguay, KMD Community Planning and Consulting
Relating to Report PLAN2021-047 (Item 6.3 on the Agenda)

Mr. Duguay spoke as the applicant, and thanked the committee for allowing an opportunity to speak to the application as they do concur with the staff recommendation. He also noted that they provided Curve Lake First Nation all application materials, as their standard correspondence was received. He made himself available for any questions.

• PAC2021-058
  Moved By Mayor Letham
  Seconded By M. Barkwell

  That the deputation of Kevin Duguay, regarding Report PLAN2021-047, be received.

  Carried

4.2

PC2021-09.4.2

Michael Fry, D.G. Biddle and Associates
Relating to Report PLAN2021-043 (Item 6.1 on the Agenda)

Mr. Fry spoke on behalf of the applicant, and thanked staff for the processing of this subdivision. He noted that they are still negotiating minor details with the City including street locations and numbering, and he made himself available for any questions from Committee members.

• PAC2021-059
  Moved By Deputy Mayor O'Reilly
  Seconded By W. Brumwell

  That the deputation of Michael Fry, regarding Report PLAN2021-043, be received.

  Carried

4.3

PC2021-09.4.3

Paul DeMelo, Kagan Shastri LLP
Relating to Report PLAN2021-043 (Item 6.1 on the Agenda)

Mr. DeMelo spoke as counsel for the developer and he noted the approvals were in place by way of a MZO (Minister's Zoning Order) with a subsequent amendments. He provided a phasing plan to the members of the committee, and noted that the proposed agreement will require that a new phase cannot be developed until the developer has justified to the City that 60% of the previous phase's construction has commenced. He noted that this agreement would provide for orderly and timely development. Mr. DeMelo recommended that the subdivision agreement could proceed generally in the form as presented to the committee. He responded to questions from Committee members.

• PAC2021-060
  Moved By Deputy Mayor O'Reilly
  Seconded By M. Barkwell

  That the deputation of Paul DeMelo, regarding report PLAN2021-043, be received.

  Carried

5.

Correspondence

6.

Regular and Returned Reports

6.1

PLAN2021-043

Subdivision Agreement for Sugarwood Phase 1, Lindsay - Lindsay 2017 Developments Inc. (c/o Craft Development Corporation - Canada)
Ian Walker, Planning Officer - Large Developments

Mr. Walker provided a brief overview of the proposal for Phase 1 which incorporates 215 units of the draft plan that Council approved in 2019 for 394 residential lots for single detached dwellings and 32 blocks for 169 townhouse dwelling units; along with a number of other blocks for the following: walkways and emergency vehicle access; stormwater management purposes; road widenings; 0.3 metre reserves; an elementary school; and future potential mixed residential/commercial use blocks. He summarized the report, explaining that it proposes to implement a Subdivision Agreement (including a request for reduced securities) with the developer for the Sugarwood Phase 1 draft approved plan of subdivision. As the land is subject to a Minister's Zoning Order (MZO), the application is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The agreement will require minor modifications to ensure conformity with the Lindsay Official Plan. Mr. Walker summarized the comments received to date, as detailed in his report, noting that subsequent to the writing of the report that no additional comments were received, and that Engineering and Corporate Assets staff will provide an updated recommendation regarding the securities reduction request. Staff are recommending that the draft agreement be referred to Council for approval. He responded to questions from Committee members.

• PAC2021-061
  Moved By Mayor Letham
  Seconded By Deputy Mayor O'Reilly

  That Report PLAN2021-043, Lindsay 2017 Developments Inc. Subdivision Agreement for Sugarwood, Lindsay, be received;

  That the Subdivision Agreement for Sugarwood, City of Kawartha Lakes, substantially in the form attached as Appendix C to Report PLAN2021-043 be approved by Council; and

  That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this Agreement.

  Carried

6.2

PLAN2021-046

Amend the Village of Fenelon Falls Official Plan and Zoning By-law 89-25 at 205 Francis Street East - 3770010 Canada Inc.
Mark LaHay, Planner II

​Mr. Barkwell made a declaration of pecuniary interest as he has represented the owner as a Realtor in the listing of this property for sale. Mr. Barkwell left the meeting at 2:22 p.m.

Mr. LaHay confirmed that a Public Meeting on this matter was held on July 14, 2021 in accordance with the Planning Act. He summarized the application, explaining that it proposes to amend the ‘Institutional – Community Facility’ designation with a site specific policy to also permit business and professional offices and to amend the Community Facility Exception One (CF-1) Zone to also permit federal, provincial and local government offices and business, professional or other administrative offices in addition to the existing permitted medical clinic use and to permit a coffee shop and/or confectionary shop accessory to an office or a medical clinic. The amended ‘CF-1’ Zone would also include site specific development standards to recognize the existing parking stall size and aisle width. The application is consistent with the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and the Village of Fenelon Falls Official Plan. Mr. LaHay summarized the comments received to date, as detailed in his report, noting that subsequent to the writing of the report that no additional comments were received. Staff are recommending that the application be referred to Council for approval.

• PAC2021-062
  Moved By Mayor Letham
  Seconded By W. Brumwell

  That Report PLAN2021-046, respecting Part Block W, Plan 100, Part Francis Street, Part 1, Plan 57R-4276, Former Village of Fenelon Falls, identified as 205 Francis Street East, 3770010 Canada Inc. – Applications D01-2021-002 and D06-2021-012, be received;

  That a By-law to implement Official Plan Amendment application D01-2021-002, substantially in the form attached as Appendix C to Report PLAN2021-046 be approved and adopted by Council;

  That a By-law to implement Zoning By-law Amendment application D06-2021-012, substantially in the form attached as Appendix D to Report PLAN2021-046 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 these applications.

  Carried

  Mr. Barkwell returned to the meeting from his previous declaration of pecuniary interest at 2:24 p.m.

  
  

6.3

PLAN2021-047

Application to Amend the Town of Lindsay Official Plan and the Town of Lindsay Zoning By-law 2000-75 at Hamilton Street - Kawartha Lakes Haliburton Housing Corporation
Jonathan Derworiz, Planner II

​Mr. Derworiz confirmed that a Public Meeting on this matter was held on July 14, 2021 in accordance with the Planning Act. He summarized the application, explaining that it proposes to facilitate the development of a 46-unit residential development including parking requirement relief of 34 spaces. The application is consistent with the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and the Lindsay Official Plan. Mr. Derworiz summarized the comments received to date (including receipt of the Parking Analysis from the applicant), as detailed in his report, noting that subsequent to the writing of the report that no additional comments were received. Staff are recommending that the application be referred to Council for approval.

• PAC2021-063
  Moved By Deputy Mayor O'Reilly
  Seconded By W. Brumwell

  That Report PLAN2021-047, Official Plan Amendment and Zoning By-law Amendment for Hamilton Street, Lindsay, be received;

  That an Official Plan Amendment By-law, respecting Application D01-2021-003, substantially in the form attached as Appendix D to this report be approved for adoption by Council;

  That a Zoning By-law Amendment By-law, respecting Application D06-2021-015, substantially in the form attached as Appendix E to this report be approved for adoption 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.

Adjournment

 

• PAC2021-065
  Moved By W. Brumwell
  Seconded By Councillor Seymour-Fagan

  That the Planning Advisory Committee Meeting adjourn at 2:28 p.m.

  Carried