eSCRIBE Agenda Package - City of Kawartha Lakes

Transcription

The Corporation of the City of Kawartha Lakes
AGENDA
PLANNING COMMITTEE MEETING
PC2016-05
Wednesday, May 11, 2016
1:00 P.M.
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.
Pages
1.
CALL TO ORDER AND ADOPTION OF AGENDA
2.
DECLARATIONS OF PECUNIARY INTEREST
3.
PUBLIC MEETING
3.1
PLAN2016-031
4 - 17
Sherry L. Rea, Planning Coordinator
Application for Zoning By-law Amendment to permit the temporary use of
a portion of the property for the staging of outdoor role playing games for
commercial purposes on property described as Part Lot 26, Concession
6, geographic Township of Verulam and being vacant land on Walker's
Road (Ashby/McGale)
3.2
PLAN2016-033
18 - 26
Richard Holy, Manager of Policy Planning
Zoning By-law Amendment (D06-16-015) to Expand the Food Store
Related (FSR) Merchandise Area in a Department Store from 1,300 sq.m.
to 3,716 sq.m. North-east Corner of Highway 35 and Colborne Street
West, Lindsay, Mason Homes Limited
3.3
PLAN2016-034
27 - 35
Ian Walker, Planner II
An application to amend the Town of Lindsay Zoning By-law 2000-75 to
add a heating, ventilation and air conditioning (HVAC) sales with
accessory storage use to the permitted retail uses, and to amend the
parking requirements for this additional use at 36 Wellington Street,
Lindsay (Reymas Property Inc. - Planning Application D06-16-013)
4.
BUSINESS ARISING FROM PUBLIC MEETING
5.
DEPUTATIONS
5.1
PC2016-05.5.1
Kent Randall, Intermediate Planner, EvoVue Consulting Services Inc.
Deborah Kiezebrink
Applications for Official Plan and Zoning By-law Amendments for the
"Country Inn" on Ski Hill Road (Sobrian/Kiezebrink)
Report PLAN2016-032, Item 7.1 on the Agenda
2
5.2
PC2016-05.5.2
36 - 79
Jeffery Farquhar
Application for Site Plan Approval (D19-15-007) of a proposed selfstorage facility on a vacant industrial lot at 76 Walsh Road
Report PLAN2016-036, Item 7.2 on the Agenda
6.
CORRESPONDENCE
7.
CITY OF KAWARTHA LAKES REPORTS
7.1
PLAN2016-032
80 - 127
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, geographic Township of Emily, Ski
Hill Road. (Sobrian/Kiezebrink)
7.2
PLAN2016-036
128 - 137
Mark LaHay, Planner II
An application for Site Plan Approval (D19-15-007) of a proposed selfstorage facility on a vacant industrial lot at 76 Walsh Road (Michael and
Jeffery Farquhar)
8.
ADJOURNMENT
3
Planning Report
Report Number PLAN2016-031
Date: May 11, 2016
Time: 1:00 p.m.
Place: Council Chamber
Ward Community Identifier: Ward 7
Subject:
Application for Zoning By-law Amendment to permit the temporary
use of a portion of the property for the staging of outdoor role
playing games for commercial purposes on property described as
Part Lot 26, Concession 6, geographic Township ofVerulam and
being vacant land on Walker's Road. (ASHBY/McGALE)
Author/Title: Sherry L. Rea, Planning Coordinator Signature:
Recommendation:
RESOLVED THAT Report PLAN2016-031 , respecting Part Lot 26, Concession
6, geographic Township of Verulam, and being vacant land on Walker's Road,
Application No. 006-16-016, be received;
THAT Zoning By-law Amendment Application 006-16-016 respecting Part Lot
26, Concession 6, geographic Township ofVerulam, now City of Kawartha
Lakes, substantially in the form attached as Appendix "0" to Report PLAN2016016, 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.
Department Head:
Corporate Services Director I Other:
Chief Administrative Officer:
.;z:;;;?___
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4
Report PLAN2016-031
Ashby/McGaie -LJ06-16-016
Page 2 of7
Background:
The application proposes the temporary use of a portion of the property for the
staging of outdoor role playing games as an outdoor corporate games retreat
including the hosting of "live action role playing" (LARP) games for commercial
purposes. No permanent buildings or structures are proposed. The applicant is
requesting the temporary use for a period of three (3) years to determine if the
business is economically feasible. See Appendix 11A11 and "B" attached.
Owner:
William Ashby and Joseph McGale
Applicant:
Kent Randall, MCIP, RPP of EcoVue Consulting Services Inc.
Legal
Description:
Part Lot 26, Concession 6, geographic Township ofVerulam,
now City of Kawartha Lakes.
Official Plan:
Designated Rural and Environmental Protection on Schedule "A511 and "significant woodlands" on Schedule 118-5" of the City of
Kawartha Lakes Official Plan.
Zone:
General Rural (A1) and Open Space (OS) on Schedule "A11 of the
Town ship of Verulam Zoning By-Jaw No. 6-87
Total Area:
40 ha.
Site Servicing: Portable toilets secured from a qualified firm and under
maintenance contract.
Existing Use:
Vacant land.
Adjacent Uses: North, South, East and West: Large rural lots including
agricultural operations and rural residential uses.
Rationale:
The subject property is vacant land on the east side of Walker's Road,
immediately north of Cedar Tree Road and is comprised of 40 ha. One of the
owners, Mr. Ashby operates Underworld LARP, a company that organizes and
administers live action role playing events around the world. LARP Events
involve participants who pay a fee for entry, playing characters in a scripted roleplaying event and immersing themselves in a fictional "universe" (i.e. medievalstyle) that has been created and scripted by the game organizers. Players act
according to the parameters that they have been given but have the freedom to
make choices that contribute to the outcome of the game. Players dress in
clothing and apparel that is in keeping with the description of their character,
including armour and/or weapons that are safe for recreational use (softstyrofoam or plastic). No permanent buildings or structures are proposed
although temporary tents and huts form part of the activity.
It is anticipated that one (1) LARP event will take place during the weekends
(Friday to Sunday) between May and October and will involve 100-150
participants per game. Participants stay in character the entire event. It is
5
Report PLAN2016-031
Ashby/McGale- DOS-16-016
Page 3 of 7
proposed that participants will stay overnight on the property and are expected to
make their own sleeping arrangements which include campers, small trailers and
tents. Portable toilets are proposed. A temporary grassed parking area is
proposed in the northwest portion of the property that will accommodate up to
100 vehicles.
In support of the application, the applicant has submitted the following:
1. Concept Plan prepared by EcoVue Consulting Services Inc. and dated April
25, 2016. See Appendix "C" attached.
2. Planning Brief to support the proposal prepared by EcoVue Consulting
Services Inc. and dated December 3, 2015 together with a Revised Planning
Brief prepared by EcoVue Consulting Services Inc. and dated April 28,
2016. These Planning Briefs justify the temporary development proposal
under Section 39 of the Planning Act and the municipal planning framework.
3. Traffic Impact Brief prepared by C. C. Tatham & Associates Ltd. and dated
February 19, 2016. The study evaluates the potential traffic impacts of the
temporary weekend use along with an evaluation of the site entrance
requirements. The study concludes that the increase in traffic volumes
associated with the proposed outdoor games venue will be readily
accommodated and will not have any appreciable impacts on the area road
network. No operational issues are expected at the site access; however
the existing access point will require structural improvements to ensure that
it can accommodate the forecasted traffic volume and appropriate vehicles.
The report recommends that the width of the existing driveway be upgraded
to 7.5 m., which is also the required driveway width in the Township of
Verulam Zoning By-law 6-87.
All of the reports submitted have been circulated to the applicable Agencies
and/or City Departments for review and comment. As a result of discussions with
City Staff, the applicant has revised the concept plan to include the requirements
for a gravel driveway to the grassed parking area along with details of the
entrance requirements illustrating the 7.5 m. width.
Requirements for Temporary Use By-law:
Section 39 of the Planning Act permits Council, by a By-law passed under
Section 34, of the Planning Act to authorize the temporary use of land, buildings
or structures for any proposed use that is otherwise prohibited by the Zoning Bylaw. The Planning Act further states that the use may be authorized for a period
of up to three (3) years. The applicant is requesting that Council pass a
Temporary Use By-law to permit the outdoor games venue for a period of three
(3) years.
Staff has reviewed the Planning Briefs prepared by EcoVue Consulting Services
Inc. in support of the request for a Temporary Use By-law. These reports provide
a review of the proposed temporary use in the context of Section 39 of the
6
Report PLAN2016-031
Ashby/McGale- 006-16-016
Page4 of7
Planning Act and the current municipal planning framework. Staff is accepting of
the planning rationale contained in the briefs.
Applicable Provincial Policies:
Growth Plan for the Greater Golden Horseshoe (Growth Plan) and 2014
Provincial Policy Statement (PPS):
While Section 39 of Planning Act does not specifically require a Temporary Use
By-law to conform to the Growth Plan, Staff confirms that the proposed
temporary use does conform to the Growth Plan, as it is a resource-based
recreational use that depends on a rural setting. The proposed use is considered
a passive recreational use where no permanent buildings or structures are
proposed. The PPS provides for appropriate development while protecting
resources of provincial interest, public health and safety, and the quality of the
natural environment. Section 1.1.4 Rural Areas in Municipalities acknowledges
that rural areas are important to the economic success of the Province and
quality of life. It is important to leverage rural assets and amenities and protect
the environment, as a foundation for a sustainable economy. The application is
consistent with the PPS in that it promotes diversification of the economic base
and may provide employment opportunities through goods and services,
including value-added products and provides opportunities for sustainable and
diversified tourism.
Section 1.1.5.2 states that, on rural lands located in municipalities, permitted
uses include resource-based recreational uses. Recreation, as defined in the
PPS includes leisure time activity undertaken in built or natural settings for the
purposes of physical activity, health benefits, sport participation and skill
development, personal enjoyment, positive social interaction and the
achievement of human potential. The proposed temporary outdoor games venue
is a resource-based recreational use that takes advantage of the natural features
of the area and landscape to offer opportunity for personal enjoyment and
positive social interaction.
Official Plan Conformity:
Section 39 of the Planning Act provides that a Temporary Use By-law must
comply with the local Official Plan; however, the City of Kawartha Lakes Official
Plan (OP) is silent on Temporary Use By-laws. Therefore, it should be
demonstrated that the use conforms to the policies in the OP. The land is
designated "Rural" and "Environmental Protection" on Schedule "A-5" of the City
of Kawartha Lakes Official Plan (OP). The Environmental Protection designation
delineates a small portion of the Hawkers Creek Provincially Significant Wetland
located in the south east corner of the property which also features "significant
woodlands".
Permitted uses in the Rural designation include active and passive recreational
uses and facilities, golf courses, ski resorts, ecotourism and agri-tourism. An
outdoor games venue would be considered an active and/or passive recreation
which does not have the land requirement or site alteration of a golf course or ski
7
Report PLAN2016-031
Page 5 of7
resort. The outdoor games venue will operate, for the most part, outside of the
Environmental Protected lands although trail use is permitted in accordance with
Section 17. 3 of the OP. KRCA acknowledged that a Seeped Environmental
Impact Study would not be required until buildings or structures are proposed
through a formal zoning by-law amendment should the activity prove to be
commercially viable.
Section 34.7 established the entire City of Kawartha Lakes as a Site Plan Control
Area applying to all uses except for agricultural, aggregate extraction, forestry,
open space and single detached residential uses. Staff is not recommending site
plan control at this time; however will request site plan approval under the formal
application for rezoning to permit the permanent outdoor games venue use.
Zoning By-law Compliance:
The land is zoned General Rural (A1) and Open Space (OS) in the Township of
Verulam Zoning By-law No. 6-87. The application proposes to rezone a portion
of the property to General Rural Exception Eighteen (A1-18) to permit the
temporary use on the property for the staging of outdoor role playing games
including the hosting of "live action role playing" (LARP) games for commercial
uses. No permanent buildings or structures are proposed although temporary
tents and huts form part of the activity. As such, Staff proposes that a Schedule
B be added to the Temporary Use By-law consisting of the concept plan that
illustrates the commitment to entrance improvements, the gravel driveway and
the grassed parking area. See Appendix "D" attached.
Should Council determine that within the three (3) year timeframe of the
Temporary Use By-law the use becomes unacceptable or is no longer required,
Council may give Notice of intention to repeal the By-law and repeal the
Temporary Use By-law. The owner would have the right to appeal that decision.
Development Services- Planning Division Comments:
The appropriate background reports have been submitted to support the
application for a Temporary Use By-law. Staff is in receipt of comments from
applicable plan-review Agencies and City Departments. Staff respectfully
recommends that the application be APPROVED.
Other Alternatives Considered:
No other alternatives were considered at this time.
Financial Considerations:
There are no financial considerations unless Council's decision to adopt, or its
refusal to adopt the requested amendment, is appealed to the Ontario Municipal
Board. In the event of an appeal, there would be costs, some of which may be
recovered from the applicant.
8
Report PLAN2016-031
Page 6 of7
Relationship of Recommendations To Strategic Priorities:
The City's Strategy Plan Framework outlines Council's Vision of a Community
that is naturally beautiful and offering an exceptional lifestyle by pursuing
Strategic Goals including a Vibrant and Growing Economy, an Exceptional
Quality of Life and a Healthy Environment. This application aligns with the
Vibrant and Growing Economy in that residents and visitors to the City will have
the opportunity to experience a new tourism event. In addition, new events
provide opportunity to develop business partnerships with local area hotels and
restaurants. Finally, Council's consideration of a Temporary Use By-law allows a
business owner to undertake an exploratory business venture to determine its
commercial viability.
Review of Accessibility Implications of Any Development or
Policy:
The accessibility standards established by the Building Code will be shown on
the subsequent construction drawings, which must be approved by the City prior
to the issuance of a building permit.
Servicing Comments:
There are no servicing requirements other than portable toilets which will be
secured from a responsible firm and under maintenance contract.
Consultations:
Notice of this application was circulated in accordance with the requirements of
the Planning Act. As of the writing of this report, the following comments have
been received:
April 21, 2016- Building Division, request to confirm the nature and size of
structures and tents. Tents over 60 sq.m. require building permits. Building
Division does not recognize buildings as temporary.
April 21, 2016- Rebecca Armstrong & Glenn Round of Hillside Stables, 86
Walker's Road (property immediately north of the subject property); support the
application. See Appendix "C" attached.
April22, 2016- Community Services; no comments or concerns.
April 27, 2016 - Building Division, Part 8 Sewage Systems; requests that the
applicants provide a brief description of the means of ensuring an appropriate
method of greywater disposal for the participants as well as confirmation that no
human waste will be discharged from trailers. The applicant has supplied
comments with respect to these issues.
April27, 2016- Economic Development, Agricultural Development Officer; is in
favour of the temporary use and acknowledges that the owners are following
appropriate procedures for their development plans. Advise that the lands are
Cll 6, suitable for quality for pasture and potentially hay as forage, outside of the
9
Report PLAN2016-031
Page 7 of?
treed and wetland area. Using grassed parking will preserve their land for future
agricultural uses.
April28, 2016 - Alderville First Nation, has no concerns with the application and
appreciates the fact that the City of Kawartha Lakes recognizes the importance
of First Nations consultation.
May 2, 2016- Laurie McCarthy, Tourism Development Officer, stated that this
activity has the potential to drive increased tourism to the area as it will introduce
people to the area who may return for extended stays.
Attachments:
.,_
Appendix "A" - Location Map
Appendix 'A'Location Map. pdf
Appendix "B"- Concept Plan
-,:
Appendix 'B' Concept Plan.pdf
.,_
Appendix 'C"- ltr of Support from Rebecca Armstrong & Glenn Round
Appendix 'C' Rebecca Arlr6trong 8
.,_
Appendix "D" - Draft Temporary Use Zoning By-law
Appendix 'D' - Draft
Ter1lJorary Use Zonin
Phone: 705-324-9411 ext. 1331
E-Mail: srea@city.kawarthalakes .on.ca
Department Head: Chris Marshall
Department File: D06-16-0 16
10
APPENDIX •
to
REPORT
A
~.{)t17.(c,. 031 ·
Lot28
Concession 6
Lot26
Con. 7
Con. 5
Cedar Tree Rd
-- --
Lot24
GEOGRAPHIC TOWNSHIP OF VERULAM
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Concept Plan
Ashby Games Venue
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Part of L.ot 26 Concesslctl26 Geographic Twp ofVerulam
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Hillside Stables
1
APPENDIX _•--=
C::__ _•
to
REPORT PtAkiQ01& - Cl3(
FILE NO.
~-1~ -ofp
April 21, 2016
Planning Committee
City of Kawartha Lakes
180 Kent St W
Lindsay ON K9V 2Y6
To Whom It May Concern :
AE: File No. 006-16-016. Underworld LARP
We own the 200 acre farm at 86 Walker's Road, Fenelon Falls. On your zoning map we are considered lot 27, Cone 6,
Township of Verulam. 100 acres of our property is on the northern border of t h e Ashby/ McGale {Underworld LARP}
property line. Our other 100 acres is on the western border of the subject property We are their closest neighbours and
the only ones who share fence lines with them. The other borders of their property are Walkers Rd and Cedar Tree Rd.
That said, we feel our input into the re-zoning should be of upmost consideration as we are most affected by what
occurs on that land.
We have absolutely no problem with what Underworld LARP is doing. NO PROBLEM
Underworld LARP moved onto their prop erty one week afte r we moved onto ours in July 2015. We immediately
connected as neighbours and they were very forth-coming in their plans for the property They have kept us informed
and invited us onto their land to see what they are doing.
These are good pP.ople . They are honest, hard-working and civilly minded. Everything th~y do on their land is ecofriendly and sustainable. Wh en they leave after a weekend there is no garbage, no debris, and no destruction. They care
for their land as r care for mine. They make no noise and are extremely re.spectful of th eir neighbours.
Additionally, the business they bring to The Kawartha Lakes is paramount. On one of their game weekend~ the
restaurants and shops of Bobcaygeon and Fenelon Falls could see upwards of 150 ne w customers.
We can see n o conceivable reason fo r this re-zoning to be den ied. We see a dozen reasons w hy it should be approved
Thank you for taking into consideration our posit ion on this matter.
Sincerely,
Rebecca Armstrong & Glenn Round
Proprietors, Hillside Stables
13
APPENDIX•
b
THE CORPORATION OF THE CITY OF KAW~'fHA LAKES
REPORT PLAAL:bt(a--03 /
BY-LAW 2016·
A BY-LAW TO AMEND THE TOWNSHIP OF VERULAM ZONftfG'f1:LA.W11fe:-6-8i~
TO PERMIT A TEMPORARY USE WITHIN THE CllY OF KAWARlliA LAKES
[File 006·16..016, Report PLAN2016-031 , respecting Part Lot 26, Concession 26,
geographic Township of Verulam and being vacant land on Walker's Road - ASHBY &
McGALE]
Recitals:
1.
Section 34 of the Planning Act authorizes Council to determine the appropriate
zoning categories and provisions assigned to land.
2.
Section 39 of the Planning Act authorizes Council to pennit temporary uses on
lands in a By-law that is passed under Section 34.
3.
Council has received an appllca1ion to pennit a temporary use relating to a
specific parcel of land to pennit the staging of live outdoor role playing (LARP)
games for commercial purposes.
3.
A public meeting to solicit public input has been held.
4.
Council deems It appropriate to permit the temporary use on ttle land for a period
of three years.
Accordingly, the Council of The Corporation of the City of Kawartha Lakes
enacts this By-law 2016-_.
I Section 1:00 Zoning Details
1.01
Property AffKted: The Property affected by this by-law is described as the
Part of Lot 26, Concession 6, geographic Township of V&rulam, City of
Kawartha Lakes, being vacant land on Walker's Road.
1.02
Textual Amendment: By-law No. 6-87 for the Township of Verulam is further
amended to add the following section to Section 19.3:
19.3.18
Notwithstanding the zone requirements for the A 1 Zone, on land
zoned A1-18 the following is permitted through a Temporary Use By-law
under Section 39 of the Planning Act, R.S.O., 1990, c.P 13, as amended:
a) The staging of outdoor role playing games including the hosting of ''live
action role playing (LARP)" games for commercial purposes on weekends
(Friday to Sunday) between May and October, together with a temporary
parking lot with grass surface and a 7.5 m. wide, two-lane entrance with
gravel surface as shown on Schedule "B" to this By-law. The use of
temporary structures such as tents, and huts not exceeding 10 sq.m. in size
Is also permitted provided they are ancillary to the commercial role playing
game venue, and are erected on the property in accordance with all other
applicable laws. The use of trailers is also permitted but only during gaming
events and within the tlmeframe identified above. No other site alterations
related to the temporary use are permitted on the property.
This By-law Is passed in accordance with Section 39(2) of the Planning Act,
R.S.O., 1990, c.P.13 and shall be in effect for a temporary period of time
until May .... 2019.
14
I Section 2:00 Effective Dale
2.01
Effective Date: This By-law shall come Into force and take effect on the date it
Is finally passed, subject to the provisions of Section 34 of the Planning Act.
By-law read a first, second and third time, and finally passed, this •* day of May, 2016.
Andy Latham, Mayor
Judy Currins, City Clert<
15
THE CORPORATION OF THE CITY OF
KA WARTH A LAKES
THIS IS SCHEDULE 'A' TO BY-LAW -
- - - PASSED
_ DAY OF - -- - 2016.
THIS _
MAYOR _ __ __
_
CITY CLERK-
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-
Concession 6
A1-18
Lot26
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GEOGRAPHIC TOWNSHIP OF VERULAM
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KAWARTHA LAKES
THIS IS SCHEDULE 'B' TO BY-LAW _ _ _ _ PASSED
THIS _ _ DAY OF _ _ _ _ _ 2016.
MAYOR _ _ _ _ _ _ __
CITY CLERK---- - - -
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17
Planning Committee Report
Date: May 11,2016
Time: 1:00 p.m.
Place: Council Chambers
Public Meeting
Ward Community Identifier:
Subject:
Ward 9 - Lindsay
Zoning By-Law Amendment (D06-16-015) to Expand the Food
Store Related (FSR) Merchandise Area in a Department Store
from 1,300 sq.m. to 3,716 sq.m.
Northeast Corner of Highway 35 and Colborne Street West,
Lindsay, Mason Homes Limited
Author/Title: Richard Holy, Manager of Policy Planning
Signature:
Recommendations:
RESOLVED THAT Report PLAN2016-033, respecting land described as Part of
Lot 22, Concession 4, former Town of Lindsay, Application 006-16-015, be
received; and,
THAT the application respecting the proposed Amendment to the Town of
Lindsay Zoning By-law, be referred back to staff for further review and until such
time as all comments and concerns have been addressed.
Department Head:
18
Report PLAN2016-033
MASON HOMES LIMITED
Page 2of7
Background:
The applicant has submitted an application to amend the "General Commercial
Special Nine - Holding One(GC-S9 (H1 )) Zone" in order to increase the total
Food Store Related (FSR) Merchandise area within a Department Store from
1,300 sq.m. to a maximum of 3,716 sq.m. The maximum store size will not be
increased. All other zone provisions remain unchanged.
Owner:
Mason Homes Limited
Applicant:
Walker, Nott, Dragecivic- Robert A. Dragecivic
Legal Description: Part of Lot 22, Concession 4, former Town of Lindsay
Designation:
"General Commercial" in the Town of Lindsay Official Plan
Zone:
"General Commercial Special Exception Nine - Holding One
[GC-S9 (H1 )] Zone" in the Town of Lindsay Zoning By-law
2000-75
Lot Area:
15.0 hectares (37.1 acres) for commercial land area
Site Servicing:
The property will be serviced by municipal sanitary sewer,
storm sewer, and water supply.
Existing Uses:
Vacant land
Adjacent Uses:
North:
East:
South:
West:
Vacant Land
Vacant Land
Wilson Fields
Agricultural and open space
Rationale:
The Mason Homes Limited commercial lands are located at the northeast corner
of Highway 35 and Colborne Street West in Lindsay and have been the proposed
location of a Wai-Mart store in this community. The application seeks to have an
expanded food/grocery section, but would not expand the size of the building.
The applicant has submitted the following reports and plans in support of the
application, which have been circulated to various City Departments and
commenting agencies for review.
1.
Planning Justification Report prepared by WND Associates, dated
March 2016. The report discusses and assesses the proposal in
context of the 2014 Provincial Policy Statement, the City of Kawartha
Lakes Official Plan, the Council endorsed Lindsay Secondary Plan, the
Town of Lindsay Official Plan, and the Town of Lindsay Zoning By-law,
as amended.
2.
Updated Market Analysis, prepared by urbanMetrics Inc., dated March
3, 2016. The study provides a detailed retail market analysis with
19
Report PLAN2016-033
MASON HOMES LIMITED
Page 3 of7
respect to the potential market impacts generated by the proposed
increase to the Wai-Mart food store component.
3.
Traffic Brief prepared by Tranplan Associates, dated March 2016. The
brief summarizes the findings of an assessment to determine the
potential for change in the store's trip generation that might result from
an expansion of the Food Store Related sales area.
Staff has reviewed the background documents in support of this rezoning
application.
Provincial Policies:
2006 Growth Plan for the Greater Golden Horseshoe:
The 2006 Growth Plan for the Greater Golden Horseshoe (GPGGH) provides
that growth should be directed towards settlement areas that offer municipal
water and wastewater systems. Section 2.2.2.1 indicates that new population
and employment growth be directed to the built-up areas and greenfield areas,
encourages cities and towns to develop as complete communities with a diverse
mix of land uses, provide easy access to local stores and services, plan and
invest for a balance of jobs and housing to reduce the need for long distance
commuting, and directing growth to areas that are serviced by municipal water
and wastewater systems. The proposed application conforms to the policies of
the Growth Plan.
2014 Provincial Policy Statement:
The 2014 Provincial Policy Statement (PPS) provides for appropriate
development while protecting resources of provincial interest, public health and
safety, and the quality of the natural environment. Healthy, liveable and safe
communities are sustained by promoting efficient development and land use
patterns which sustain the financial well-bring of the Province and municipalities
over the long term.
Section 1.1 .3.1 states that settlement areas shall be the focus of growth and
development, and their vitality and regeneration shall be promoted. This
application is consistent with the direction of the 2014 PPS by providing
commercial opportunities within the municipality which will support growth.
The proposal is subject to the land uses policies contained in Town of Lindsay
Official Plan (TLOP). The property is located within the Jennings Creek
Community Development Plan Area, and is designated "General Commercial" on
Schedule "JC2" of the TLOP. The OMB approved Official Plan Amendment No.
25 (OPA No. 25), which pennits an unenclosed shopping centre, including a
large format home improvement store and a department store together with
complementary commercial establishments. The policies limited the maximum
floor space of a department store to 12,500 sq.m. of gross floor area, and any
20
Report PLAN2016·033
MASON HOMES LIMITED
Page4 of7
expansion of the department store beyond the maximum size shall be processed
by way of an official plan amendment. Since no increase in floor space is
contemplated, the proposal conforms to these policies.
Section 4.3.5.2 of the TLOP provides that prior to a site specific Zoning By-law
Amendment. a Retail Market Analysis Study shall be completed. The Market
Analysis provided for this application is an update to the original report that
supported the approval of OPA No. 25 and ZBA 2006-168. Specifically, the
study addresses the market impact of increasing the floor area dedicated for the
food component of the store. The study concludes that a larger food component
would not result in any critical impacts on existing supermarkets, nor would it
result in any store closures.
Therefore, this application conforms to the policies of the Town of Lindsay Official
Plan.
Zoning By-Law Compliance:
The land is zoned "General Commercial Special Exception Nine - Holding One
fGC-S9(H1)]" in the Town of Lindsay Zoning By-law 2000-75. The GC-S9 zone
permits the development of a 27,000 sq.m. unenclosed shopping centre
including a large format home improvement centre, a department store, and
complimentary commercial establishments. The maximum gross floor area of a
Department Store shall be 12,500 sq.m., of which a maximum of 1,300 sq.m.
may be used for the sale of Food Store Related (FSR) Merchandise. FSR
Merchandise is defined to include a balanced line of grocery-related items such
as canned, bottled, packaged and frozen foods, fresh meat, poultry and fish,
fresh and preserved fruits and vegetables, prepared food products, baked
goods, dairy products, and confections, as well as toiletries, cleaning products,
and those complementary items typically found in a traditional supermarket.
The proposed zoning amendment will increase the gross floor area dedicated to
FSR Merchandise from 1,300 sq.m. to 3,716 sq.m., which reflects the new WaiMart grocery store format.
This application would comply with all other relevant provisions of the Zoning Bylaw.
No other alternatives have been considered.
There are no financial considerations unless Council's decision is appealed to
the Ontario Municipal Board. In the event of an appeal, the costs associated with
a hearing would be borne by the applicant.
21
Report PLAN2016-033
MASON HOMES LIMITED
Page 5 of7
Relationship of Recommendations To The 2016-2019 Strategic
Plan:
The Council Adopted Strategic Plan identifies these Strategic Goals:
•
•
•
A Vibrant and Growing Economy
An Exceptional Quality of Life
A Healthy Environment
This application aligns with the vibrant and growing economy strategic goal as it
promotes and provides for economic development opportunities.
Policy:
There are no accessibility implications for the City.
Servicing Comments:
This development will be connected to full municipal services within the
Northwest Trunk service area.
Consultations:
Notice of this application was circulated to landowners within 120 metres of the
subject land, City Departments, and review agencies which may have an interest
in the application.
Agency Review Comments:
The Engineering and Corporate Assets Department, Building Division,
Community Services Department, Ministry of Transportation, and Kawartha
Region Conservation Authority have no concerns with the rezoning application
provided that the following matters are addressed through site plan approval.
1. The Ops #1 floodplain study needs to be finalized and filling activity needs
to be conducted in accordance with these final recommendations.
2. Environmental considerations need to be finalized for the wetland located
on the property.
3. The applicant has undertaken a traffic study update in conjunction with
MTO and the City. This study will update traffic information and outline
the phasing of traffic improvements, such as signalization, road widenings,
intersection improvements, etc, to accommodate a phasing of commercial
development on this property.
4. All necessary plans for site plan approval must be submitted for review
and approval by relevant agencies.
22
Report PLAN2016-033
MASON HOMES LIMITED
Page6of7
The Curve Lake First Nation (CLFN) has no concerns with the proposal. In the
event that any archaeological remains are found on the property, CLFN must be
notified.
Public Comments
A total of ten area residents indicated their support for the proposal as the
community needs the Walmart store. In all cases, residents are forced to shop in
nearby communities and would prefer to have this retailer located in our
community.
One area resident indicated their concern for the expanded food store
component indicating that it would have its greatest impact on the downtown core
and could force a number of smaller grocery stores to close.
The background reports for the proposal were forwarded to representatives of
the Kawartha Lakes Shopping Centre (Food Basics & Staples plaza), the Lindsay
Square Mall, and Bromont Homes upon request, as well as to J. Stollar
Construction Limited. Valiant Property Management, owners of the Kawartha
Business Shopping Centre, have submitted a letter of concern, indicating that the
proposal may have adverse impacts on the planned function of the area and on
other supermarkets in Lindsay. While staff has contacted these groups for further
discussion, no comments have been received as of the writing of this report.
The lindsay BIA was also circulated the materials as part of the application
circulation process. Although preliminary conversations didn't indicate any
concerns, no formal comments have been received from the BIA on this
proposal.
Development Services - Planning Division Comments:
The appropriate background studies have been submitted to support this
application to amend the Zoning By-law. The following conclusions can be drawn
to support the proposal.
1. The application conforms to the 2006 GPGGH and is consistent with the 2014
PPS. Conformity with the TLOP has also been demonstrated.
2. The proposed Wai-Mart store will anchor further commercial development in
the western part of Lindsay and strengthen the existing retail commercial
node along Kent Street West and Highway 35. The new format will permit
Wai-Mart to serve its customer base with an increased selection of goods.
3. A large segment of our community is currently driving to Wai-Mart locations in
surrounding communities. The store will also serve as a regional anchor to
recapture retail expenditures that are currently leaving the community.
4. The retail market study submitted with the proposal is consistent with WaiMart stores being developed in other communities. The new "Supercentre"
format offers a greater food selection. Given that the store size is not being
increased, the overall function of the store is consistent with the approvals
that were previously granted. The increase in food store space is not
anticipated to result in any critical impacts on existing supermarkets.
23
Report PLAN2016-033
MASON HOMES LIMITEDPage 7 of7
5. The proposal is unlikely to have any adverse traffic impacts on the
surrounding area. Additional traffic can be accommodated with the necessary
upgrades to the adjacent road network.
6. Approval of proposal on the subject lands will result in the development of
Wai-Mart on the Northwest Trunk, representing a return on the City's
infrastructure investment.
Conclusion:
The application was circulated in accordance with the Planning Act. The
application has been reviewed in consideration of comments from the circulated
agencies, relevant provincial policies, the Town of lindsay Official Plan, and the
Town of Lindsay Zoning By-law. In consideration of the comments contained in
this report, Staff respectfully recommends that the proposed rezoning application
be referred back to staff to allow further discussions with all parties having
concerns with the proposal.
Attachments:
Appendix 'A' - Location Map
PLAN2016-033 Appendix A. pdf
Appendix 'B'- Proposed Site Plan
PLAN2016-033Appendix B. pdf
Phone:
705-324-9411 ext. 1246 or 1-888-822-2225 ext. 1246
E-Mail:
rholy@city.kawarthalakes.on.ca
Department Head:
Chris Marshall, Director of Development Services
Department File:
D06-16-015
24
APPENDIX •
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The Gorporation of the City of Kawartha Lakes
Planning Gommittee Report
Report Number PLAN201 6-034
Date:
May 1 1,2016
Time: 1:00 p.m.
Public Meeting
Ward Community ldentifier: Ward 10 - Lindsay
Subject:
An application to amend the Town of Lindsay Zoning By-law 200075 to add a heating, ventilation and air conditioning (HVAC) sales
with accessory storage use to the permitted retail uses, and to
amend the parking requirements for this additional use at 36
Wellington Street, Lindsay (REYMAS PROPERTY lNC. - Planning
Application D06-1 6-01 3)
Author/Title: lan Walker, Planner
ll
S¡ nature:
Recommendations:
I
RESOLVED THAT Report PLAN2016-034, respecting Town Plan Part Lot
North of Wellington Street, former Town of Lindsay, identified as 36 Wellington
Street, Application D06-16-013, be received;
THAT Zoning By-Law Amendment application D06-16-013 identified as 36
Wellington Street, City of Kawartha Lakes, as generally outlined in Appendix "C"
to Report PLAN2016-034, be approved and adopted by Council; and
THAT the Mayor and Clerk be authorized to execute any documents required by
the approval of this application.
Department Head:
Corporate Services Director / Other:
Ch
ief Adm
i
n
istrative Officer:
27
D06-.r 6-0 1 3
r
*."'frÅ3"$*åt#S î*t3i
Page 2 of 6
Background:
The applicant originally submitted an application to amend the "Mixed Residential
Commercial SpecialTwelve (MRC-S12)Zone" category to permit a heating,
ventilation and air condítioning (HVAC) wholesale business, and the accessory
storage of equipment use. Subsequent to the Public Meeting held April 6, 2016,
the applicant has amended the application to request the change be to permit the
retail sale of HVAC equipment with accessory storage as an additional use, and
for special provisions for parking.
Owner:
Applicant:
Legal Descríption
- Bill Massey
M.V. Wilson Engineering lnc. - Mark Wilson
Town Plan Part Lot I North of Wellington Street, former
Reymas Property lnc.
Town of Lindsay
Designation
Residential-Commercial, Town of Lindsay Officíal Plan
Zone:
Mixed Residential Commercial Special Twelve (MRC-S1 2)
Zone on Schedule 'A' of the Town of Lindsay Zoning By-law
No. 2000-75, as amended
Lot Area:
852.2 sq.m. 19,147.6
Site Servicíng:
Municipal sanitary sewer, storm sewer and water supply
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Adjacent Uses:
North:
East:
South:
West:
sq.ft.-
MPACI
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Residential, Bond Street
Residential, Commercial, William Street North
Wellington Street, Commercial
Residential, Cambridge Street North
Rationale:
The lot is located on the north side of Wellington Street, between Cambridge
Street North and William Street North, in Lindsay. The applicant proposes to
amend the existing zone category to include a retail establishment HVAC sales
outlet use with accessory storage inside the existing building. The existing
property is a brownfield (previously developed) site which has been vacant for
approximately five (5) years. Previous uses on the property include an
automobile equipment outlet and a tow-truck dispatch office. The Official Plan
(OP) designatíon of Residential-Commercial applies to properties along collector
or arterial roads, and transitioning from residential to non-residential uses.
Multiple commercial uses, public garages, and automobile service stations are
not permitted ín this designation. The proposed uses will permit re-development
of the property to be in closer conformity with the OP.
The applicant has submitted a revised Planning Justification Report (PJR),
prepared by Clark Consulting Services, dated April 2016. Staff has reviewed the
PJR, in support of this application to amend the Zoning By-law.
28
Report PLAN2016-034
D06-16-013 (REYMAS PROPERTY rNC.)
Page 3 of 6
Growth PIan for the Greater Golden Horseshoe, 2006:
The Growth Plan (GP) provides that growth should be directed towards
settlement areas. The lot is located within the Lindsay settlement area. This
application serves to permit additional uses which attract employment
opportunities.
Therefore, this application conforms to the policies of the Growth Plan.
Provincial Policy Statemenl,
201 4 (PPS):
The Provincial Policy Statement (PPS) provides for appropriate development
while protecting resources of provincial interest, public health and safety, and the
quality of the natural environment. The PPS requires planning authorities identify
appropriate locations and promote opportunities for redevelopment taking into
account brownfield sites, and the availability of suitable existing or planned
infrastructure and pubíc service facilities required to accommodate projected
needs. Redevelopment shall be directed in accordance with the policies of
Section 2 and 3 of the PPS. The subject lot is not within or adjacent to any
natural heritage features or species at risk (SAR) identified in Section 2 of the
PPS, and is not located within any natural hazards, as identified in Section 3 of
the PPS.
Therefore, this application is consistent with the PPS.
Official Plan Gonformity:
The Town of Lindsay Official Plan (Lindsay OP) designation of ResidentialCommercial applies to this property. The use of land in this designation includes
uses such as offices, eating establishments, service and convenience retail and
similar types of uses. Section 4.2.4 of the Lindsay OP requires off-street parking
be provided on-site. Payment of cash-in-lieu of parking is offered as an
alternative if on-site parking is not adequate. The PJR explains that adequate
parking can be provided on-site for the proposed use. Planning staff accept the
analysis and conclusions of the PJR.
Land within the Residential-Commercial designation is subject to site plan
control, in accordance with Section 4.2.2 of the Lindsay OP. lf this proposed
amendment is approved, the applicant will therefore be required to enter into a
Site Plan Agreement with the City for the redevelopment of this lot.
Therefore, this application conforms to the policies of the Official Plan.
Zoning By-Law Compliance:
The lot is zoned Mixed Residential Commercial Special Twelve (MRC-S12) Zone
in the Town of Lindsay Zoning By-law 2000-75. The MRC-512 Zone permits the
following commercial uses: an art gallery; artist's supply establishment; florist;
museum; office; optical establishment; personal service establishment; studio;
and retail establishment carrying only handicraft works, antiques or clothing.
29
Do6- 1 6-0 1 3 r*
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This application proposes to add an HVAC sales ouflet to the existing
permitted retail uses.
lirtt#"
This application complies with all required provisions of the MRC-S12 Zone. The
PJR provides that a maximum of 40% of the existing building will be used as
retail space, with the remainder used as accessory storage. As such, the parking
requirement is a minimum of eight (8) spaces, on the basis of 1 space per'25 sq.
m. for the retail use; and 1 space per 140 sq. m. for the accessory storage. To '
ensure the retail use can comply with the parking requirement, the propõsed Bylaw amendment includes a provision limiting the retail use to a maximu m of 40ó/o
of the existing building.
Due to the location, size and narrow configuration of this lot, the loading facility
cannot comply with the provision relating to location. The loading faciliiy is
proposed within the 7 metre wide driveway, in front of three (3) of the eight (B)
on-site parking spaces. The PJR notes that the loading facility is not anticipaieO
to be occupied frequently, and that most vehicles using this facility will not
occupy the entire loading space, due to theír type and size. Planning staff accept
this analysis. To permit the loading facility to be located in the driveway, the
proposed By-law amendment includes a provision allowing the location of the
loading facility in the driveway.
This application will comply with all other relevant provisions of the Zoníng Bylaw.
No other alternatives have been considered.
Fi
nancial Considerat¡ons:
There are no financial considerations unless council's decision to adopt or its
refusal to adopt the requested amendment is appealed to the Ontario Municipal
Board. ln the event of an appeal, there would be costs, some of which may be
Relationship of Recommendations To The 20r6-2019 s trategic
Plan:
The councilAdopted strategic Plan identifies these strategic Goals:
A Víbrant and Growing Economy
o
.
o
This application aligns with the vibrant and growing economy strategic goal as it
promotes and provides for economic development opportunities.
30
D
06- 1 6-
0 1 3,
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Page 5 of 6
Review of Accessibility lmplications of Any Development or
Policy:
There are no accessibility implications for the City.
Servicing Comments:
The lot is connected to full municipal services within the Lindsay municipal
service area.
Consultations:
Notice of this application was circulated to landowners within 120 metres of the
subject land, plan-review agencies, and City Departments which may have an
interest in the application. To date we have received the following comments:
Agency Review Comments:
April 21 ,2016
- The Building Division has no concerns.
April22,2016
-
Hiawatha First Nation advised the rezoning should have little, if
any, impact on their traditional territory or treaty rights.
Development Services
-
Planning Division Comments:
The appropriate background studies have been submitted to support this
application to amend the Zoning By-law. These studies have been circulated to
the appropriate plan-review agencies and City Departments for review and
comment. The application conforms to the 2006 Grourth Plan and is consistent
with the 2014 Provincial Policy Statement. Conformity with the Town of Lindsay
Official Plan has also been demonstrated. The rezoning will ensure the subject
land complies with the Zoning By-law. All other zoning provisions of the MRCSl2Zone will be complied with.
Conclusion:
Staff support the application based on the information contained in this report
and the comments received as of April 28, 2016. Provided that no additional
information is raised at the Public Meeting that would alter the recommendations
contained in this report, Staff respectfully recommends that the proposed Zoning
By-law Amendment application be referred to Council for APPROVAL.
Attachments:
Appendix'A'
- Location Map
El.Þ
PLAN2016-034
Appendix A.pdf
31
D
Appendix 'B'
-
Site Plan Drawing
-
Draft Zoning By-law Amendment
-
06- 1 6-0 1 3
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î-'3
dated November 4,2015
E-
.L
PLAN2016-034
Appendix B.pdf
Appendix 'C'
IEI.
Þ
Pr-AN2016-034
Appendix C.pdf
Phone:
705-324-9411 ext 1368 or 1-888-822-2225 ext. 1368
E-Mail:
íwa I ker@city. kawa rtha lakes. on.
Department Head:
Chris Marshall, Director
Department File:
D06-16-013
32
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THE CORPORATION OF THE CITY OF KAWARTHA LAKES
APPENDIX
to
BY.LAW 2A16 -
o F KAWARTHA
NO. 2000-7s TO
n¡F No.
LAKES
[File D06-16-013, Report PLAN2016-034, respecting Town p]an pañ Lot I North of
wellington street, former Town of Lindsay, identified as 36 wellington street
REYMAS PROPERTY tNC.l
-
Recitals:
1.
Section 34 of the Planning Act authorizes Council to determine the appropriate
2.
council has received an application to amend the categories and provisions
relating to a specific parcel of land to permit a retail estãblishmenifor a heating,
ventilation and air conditioning (HVAC) sales outlet with accessory storage witñin
the existing building as an addítional use on the subject land.
3.
4.
Council deems it appropriate to rezone the property.
Accordingly, the Gouncil of rhe Gorporation of the city of Kawartha Lakes
Section 1:00
Details
Prooertv*fücted: The Property affected
Part Lot
Lakes.
1'o2
I
by this by-law is described as Town plan
North of wellington street, former Town of Lindsay, city of Kawartha
Textu?l AFendqgnt: By-taw No. 2000-7s of the Town of Lindsay ís further
amended by deteting section 12.3.12 i) commercial h), and rephèing it with
the followíng:
h) Retail establishment that canies handicrafi works, antiques or clothing; or a
heating, ventilation and. air conditioning (HVAC) sales ouilet with accessory
storage within the existing building
and Section 12.3.12 ii) is further amended to add the following:
g)
h)
i)
For the HVAC use listed in h) above, no more lhan to/o of the existing
building may be used for the relall establishrnent use.
Not withstanding section s.13 a), the loading facilities may occupy land that
is part of a driveway.
Not withstanding section s.12 )) vi., no driveway sha[ be closer than 0.57
m.
to a side lot line.
Section 2:00 Effective Date
2.O1 gnect¡ve gat€: This By-law shall come into force and take effect on the date
is finally passed, subject to the provisions of section 34 of the planning Act.
By-law read a first, second and third time, and finally passed, this *" day
of "**, 2016.
Andy Letham, Mayor
Ct
¡
REPORT Pt.q¡ærs -933.
A BY.LAW TO AMEND TH E TOWN OF LINDSAY ZONING BY.I-AW
REZONE I.AND WITHIN THE CITY
I
Judy Cuníns, City Clerk
35
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March 29,2016
Dear members of the Planning Committee
Please consider this letter as my appeal to this committee under the Site Plan control
by-law 2003-21, as amended by Council on March 22,2016 under section 4.04 of
the amended by-law of the decisions of approval of the Director of Development
Services with regards to my site plan file # D19-15-007. As well as my appeal under
the Development Charge By-law 2015-224
This appeal requests the Committee to recommend to Council
That: the following Director of Development Services decisions for conditions of
site plan approval and site plan agreement be removed from the requirements of
site plan file #D19-15-007 for site plan and agreement approval.
1. The requirement for loading and parking under the OPS 93-30 zoning by-
2.
3.
4.
5.
law section 2.11 and 2j7.8
The requirement for a minor variance for outdoor storage
The requirement for additional landscaping along the frontage of #76 Walsh
road, as required under the City's Site Plan Guide.
The requirement for a Security Deposit for works on private property. As
required under the City's Site Plan Guide.
The requirement to pay development charges fees under by-law 2015-224
as part of the site plan agreement approval and that the applicant instead be
allowed to pay development charges under the development charge bylaw
2015-224 pursuant to schedule 2for the period of November 25,2015 to
December 31,2015.
Background
ln early July of 2015 I began the process of site plan approval for my property at
#76 Walsh roads in order to start a small business being a self -storage facility. A
zoning inquiry was made to the City in order to ensure the property had the correct
zoning for what was being proposed. City planning staff felt that the site did not have
the correct zoning under the OPS 93-30 ZBL even though it was pointed out to staff
a self-storage facility already existed on Walsh under with the same zoning under
the OPS 93-30 ZBL.ln order to move fonryard with the site plan process City staff
36
required the application to go through the City's pre-consultation process. Going into
the pre-consultation meeting the City was requiring that #76 Walsh road be re-zoned
under the OPS 93-30 to allow for a self-storage facility. At the pre-consultation
meeting staff was provided with public documentation in the form of City Planning
reports that were approved by Council (setting the precedent) and former zoning
by- laws that had allowed two other self-storage facilities under the OPS 93-30 ZBL
zoning of General industrial (M). After the pre-consultation meeting staff then
reversed their interpretation of the OPS 93-30 ZBLfor #76 Walsh roads and no
longer required a re-zoning prior to proceeding with the Site Plan process.
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(above is caption of Schedule A of the OPS 93-30 zoning bylaw, shown in red is #76
Walsh road and in blue is #540 CKL 36)
An application was filed in September of 2O15 for site plan approval on #76 Walsh
roads for which it has yet to receive site plan approval. Staffs has refused to grant
site plan approval until the application conforms to the following Directors or
Directors delegates decisions of conditions of approval, as shown on schedule A
appended to this letter of appeal. The following rationale is why I feel the Directors
or delegates decisions of condition of approval as shown on schedule A should be
removed.
37
)
Rational:
Parkinq and Loadinq
1. City staff requirements for Parking and Loading as shown on page 4 and 5 of
schedule A should be removed as a condition of site plan approval and agreement
due to the fact that staff is misinterpreting the OPS 93-30 by-law as they had done in
the Pre-consultation process. As well as staff are ignoring the previous 2 City
planning reports specific to self-storage under the OPS 93-30 by- law appended to
this letter as schedule C which has set the precedent in the past for this
interpretation.
Based on the City's Staff interpretation of the OPS 93-30 by-law specific to sections
2.11 for loading and section 2.17 .8 for Parking , appended as schedule B the
Director of Development Services has required that the site plan have 55 parking
spaces and 2loading areas for trucks which are to be 14 m long by 3.5 m wide.
The site plan is for a self-storage facility on Walsh road. My argument against this
decision for condition of site plan approval and agreement is that staff interpretation
is wrong based specifically on in section 2.11.2,2.11.5,2.17 .2 and
2.17.5 of the Ops ZBL where it is the proposed USE of the site which dictates the
need for separate Parking and Loading areas. My site plan does require this because
based on the site plan and business modelfor self-storage renters of
the units pull directly up to the individual units of the building, park and offload their
goods into the unit. The area in front of the rentable units of the building should be
interpreted as the parking and loading area for the site plan. This precedent was set
through the City planning reports which Council approved. These reports are
PL2002-057 and PL2001-260 as shown as schedule B. Through these reports and
subsequent site plan approvals the City never required the applicants to provide
Parking or Loading under the OPS 93-30 by- law because it was either interpreted
that it was a USE not needed by the site plan or that it was already included in the
business model of self-storage facilities, being the practice of renters to pull up to
the unit they are renting at the building park and off load their goods into the unit
they had rented. For these reasons is why I feel that the Committee should remove
this decision of the Director for a condition of site plan approval and agreement.
38
Outdoor Storaqe
2.
The City requirement on schedule A page 5 item 2 for a minor variance for
outdoor storage on the site plan is based on the interpretation of the OPS 9330 ZBL (for which they had previously misinterpreted it in the Pre-consultation
process) under section 12.2"open storage area" part C that the site plan
cannot have open storage in the side yard.
It is my argument that staff are miss-interpreting this section. This is based on
the fact that the adjoining property owner (#540 CKL 36, as shown on page 2 of
this letter as the highlighted blue area) is not a residential lot and is not using it
as a residential lot. lt is currently zoned General lndustrial holding M (H). There is
no residence abutting my side yard. The closest residence is 600 metres from my
side yard. The intent of this by-law was to prevent an eyesore to a residential
resident you directly abutted the side yard where outdoor storage was being
placed Adiacent to the lot line. With my site plan this is not the case. The
outdoor-storage will not be adjacent to the lot line and it will be screened by
landscaping along my side yard so that the occupant of the home 600 metres
away will not see it.
For these reasons I ask the committee to remove this decision as a
requirement for site plan approval and agreement
The requirement for additiona I Landscapinq alonq the frontaqe of #76 Walsh road
3. The City's requirement
shown on item 4 of page 5 of schedule A should be
removed as a decision of condition of site plan and agreement approval. Staffs
have required that a 3 metre landscaping strip be placed along the frontage of
my property at#76 Walsh roads. Staffs has based this requirement not on the
zoning of the OPS 93-30 ZBL but under the Site Plan Guide which staff says
forms part of the Site Plan Control by-law 2003-21 as amended by Council on
March 22,2016.
It is my argument that this requirement under the "Guide" is unneeded and an
additional cost to his site plan, because in order to accommodate the request the
whole site plan would have to change. I have already accommodated part of this
request with landscaping on my frontage south of my entrance but cannot
accommodate along the 20 metres of frontage north of my entrance because it
39
would substantially change the site plan layout. This has already been explained
to staff. As well as No other site plan on Walsh road had this requirement.
Why is staff subjecting my site plan to this condition?
For these reasons, I ask that the Committee remove this requirement as a
Director's decision for condition of site plan and agreement approval.
The requirement for Security Deposit for Works on Private property
4.
That the requirement for a Security deposit as seen on page 2 of schedule A be
removed as a Director's decision of condition of site plan approval and
agreement. Once again staffs are using the site plan "Guide" to impose a
condition. this guide has not been reviewed or approved by this current
Committee or Council. As I had discussed at in my letter and deputation at
Council on March 22,2016 this requirement under section 2.10, 2.10.1 and
schedule E of the guide hinders small businesses and development by requiring
the applicant to put up 50% of the cost of the works on private property as a
security deposited.
It is my argument that this is an unnecessary and redundant requirement, one
that puts additional unneeded burdens on small businesses wishing to start up in
the City. As stated in section 2.10.1of the guide, the purpose is to ensure that
works conform to the approved site plan not to protect against City liabilities.
There are other mechanisms to ensure this through the registered site plan
agreement on title and the City's property standards by-law to ensure conformity
to the site plan. And as stated in the Guide it is up to the Director to determine
the need for it. However Staff requires the security deposit for every site plan
applications. lt should be based on the complexity of the site plan services onsite
and offsite that determines the need and percentage of a security deposit and not
an arbitrary percentage of 50%. My site plan is very simple with no hard
services on site or off site to secure for. Essential without the building footprint it
is a gravel parking lot.
Based on these reasons is why I am asking that the Committee recommend to
Council that this decision of the Director for condition of site plan approval and
agreement be removed.
40
The requirement to pav development charqes fees under bv-law 2015 -224 as part
of the site plan aqreement approval and that the applicant be allowed to pav
development charqes under the development charqe bv-law 2015-224 pursuant to
schedule 2 for the period of november 25.2015 to december 3l .2015.
5.
That the Committee recommend to Council that my site plan be exempted from
the requirement of the Directors decision for site plan approval and agreement of
paying development charge fees under the development charge by-law of 2015224 . And that this Committee accept this as an appealto be recommended to
Council to allow the applicant of site plan application #D 19-15-007 be allowed to
prepay development charge fees for all buildings on the site plan as they are
constructed under the 2015-224 Development charge by-law fee pursuant to
schedule 2 for the period of Nov 25,2015 to Dec 31,2015 for Rural Ops.
My argument for this is that City Staff delayed the process by two months by
requiring my proposal to go through the Pre-consultation process as stated in the
Background section of this appeal letter . This mistake on the part of staff delayed
the filing of the site plan application which delays the timing of acquiring a site
plan agreement prior to the end of 2015 when the Development charge by-law
changed and the cost for fees associated to my site plan for DC's went up 100%.
Also the fact that the City was well into the review of my application when it
decided to change the Fee schedule of the 2015-224 by-law which caused a
1}0o/o increase. For which letters were sent to the Director of Development
Services at the time objecting to the increase.
As well as additional delays by staff for approving this site plan as described
previously in this letter of appeal and the fact that City injected the Building code
review process into the site plan process without the consent of the applícant,
imposing additional conditions for site plan approval for which the City had no
right to do under section 41 of the Planning act further delay the timing of site
plan approval and agreement. That condition was removed by the now Director
of Development services in a February meeting. I assumed because it was a
condition applied to the site plan outside of section 41 of the Planning act. lwas
told by staff it had been placed as a condition because "the City was looking out
for my best interests" for which I had never asked for or given consent for the
City to do.
Based on these delays caused by staff, I am asking for the Committee to
recommend to Council to remove this decision of the Director as a condition of
site plan approval and agreement as well as recommend to Council that I be
41
allowed to pay the Development Charge fees under the 201 5-224 by-law
pursuant to schedule 2 for the period of Nov 25,2015 to Dec 31,2015 for Rural
Ops as the buildings are constructed.
42
Conclusion
ln summation I would request that this Committee pass a resolution to Council
recommending THAT:
"The following Director of Development Services decisions for conditions of site
plan approval and site plan agreement be removed from the requirements of site
plan file #D19-15-007 for site plan and agreement approval".
6.
The requirement for loading and parking under the OPS 93-30 zoning bylaw section 2.11 and 2.17.8
7. The requirement for a minor variance for outdoor storage
8. The requirement for additional landscaping along the frontage of #76 Walsh
road, as required under the City's Site Plan Guide.
The requirement for a Security Deposit for works on private property. As
required under the City's Site Plan Guide.
10.The requirement to pay development charges fees under by-law 2015-224
as part of the site plan agreement approval And That the applicant be
allowed to pay the fees based on the 2015-224 Development Charge by-law
pursuant to schedule2for the period of Nov 25,2015 to Dec 31,2015,
L
AND THAT:
The committee recommend to Council that the applicant be allowed to pay
Development Charge fees under the 2015-224 by-law pursuant to schedule 2 for the
period of Nov 25,2015 to Dec 31,2015 as the buildings are constructed on the
approved site plan.
AND THAT
The Director of Development Services and delegates be instructed to enter into a
site plan agreement with the applicant of site plan file # D-19-007 based on the
removed conditions and current submitted site plan by applicant.
43
removed
s¡
har
Schedules
A-Planning conditions and comments
B- OPS Zoning By-law 93-30
C- City of Kawartha Lakes Planning reports #PL2OO1-260,#PL2002-057
D- Site Plan
E- City of Kawartha Lakes Site Plan Guide.
44
Sel*tg,stta
Development Services - Planning Division
2no Floor, 180 Kent St. W.
Lindsay ON KgV 2Yo
rur't¡ÅHr
Tel: (705) 324-9411 Ext.1324
Fax: (705) 3244027
m la
hay@city. kawa rtha la kes.o n.ca
www. city. kawa rth al a kes. o n.ca
File No.: D19-15-007
A review of the current site plan application has been undertaken and we have
received the following comments from the circulated agencies:
Engineering
Roberta Perdue, 705.324.941
I ext. 1 154
Engineering has reviewed the following documents received on January 4,2016,
submitted in support of the above noted site plan application:
.
o
.
.
.
.
r
Response letter to first submission comments.
stormwater Management Report, prepared by Engage Engineering Ltd,
dated December 2015;
stormwater Management Facility operation & Maintenance Manual,
prepared by Engage Engineering, dated December Ig,2015
Site Plan Cost Estimate, undated.
Drawing # 15045-SP01, Síte Grading plan, prepared by Engage
Engineering Limited, dated December 1A, 2015
Drawing # 15045-sP02, Erosion & sediment control pran, prepared by
Engage Engineering Limited, dated December 1A,2015
Drawing # 15045-sP03, Details, prepared by Engage Engineering Limited,
dated December 18,2015
45
"pr,
ïhe City of Kawartha Lakes
-
Page 2 of 6
Planning Division
We offer the following comments:
,qEsf EÐt¡mgte!:
1,
Please confirm that the information shown on the design is included in the
Cost EstÍmate for the project and that appropriate units and quantities are
referenced (i.e. straw bale check dams (OPSD 219.180), stormwater
drainage swales & rock check dams (OPSD 219-210)).
2,
Please confirm the final parking requirements for inclusion in the Cost
Estimate (i,e. curb stones).
3.
lt is noted that Secflo n 4. Road - External Site WorR was removed from the
Cost Estimate. The applicant has indicated that an entrance permit has
been granted by the City of Kawartha Lakes Public Works Department.
Please confirm that works detailed in the entrance permit correspond with
the work noted in the site Grading Plan and provide a copy of the Entrance
Permit to Engineering.
Lot Gradinq / Storlnwater:
4. Please confirm if a Ministry
of the Environment & Climate Change
Environmental Compliance Approval is required for the proposed
stormwater works.
The above comments are based on the most current information received, ln
reviewing these documents, every attempt is made to provide a thorough and
comprehensive examination. However, Engineering may at any time requesi
additional information and/or amend previous comments/requirements based on
new information,
Emergency Services (Fire & Rescue)
Brian McC uaig, 7 05.799.5254
Ïhe following are the City of Kawartha Lakes Fire & Rescue Service comments for
the above noted application:
.
.
On site water provisions for fire protection not addressed in submission.
Fire route signage required and access routes to be maintained so as to be
immediately ready for use at all times by Fire Department vehicres
Comments not necessarily relating to the site plan agreement:
.
.
Fire Extinguisher placement must conform to the ontario Fire code.
Accessibility through security gate to be established and agreed upon with
fire service (installation of Fire Department approved Key Box encouraged.
Contact Fire Prevention).
46
The City of Kawartha Lakes
Development Services - Planning Divísion
Page 3 of 6
Building Division
Derryk Wolven, 705. 324.9411, exL.1273
Division comments relative
for the
We have reviewed the submitted drawings 15045-SPQ1,02,03 and have the
following comments:
îß€4
3.2.2
3,2.3.1
Qo7u9.4Ø*> o? 9zfc.
C lassify building
D oes bui ding comply with spatial to property line or to other
building(s) if the buildings are grouped.
ßùdtrMil-L*
3.10.4.5(5) Provide adequate water for every building
Community Services
Craig Shanks 705.324.9411, ext. 1304
The Community Services Department wishes to advise that we have the following
comments with respect to this application:
L
Landscape plan was provided.
2.
Landscape components in the area southeast of the entrance drive have
been added by incorporating native Evergreen Hedging. No particular
species or quantities were indicated. The addition of evergreen hedging will
improve curb appeal.
l.lytho One
Hydro one confirms that it does not have any plant on Part Lot 23, conc. 7, plan
621, Lot 8 Walsh Road, Former Township of Ops. There is what looks to be an old
customer owned secondary pole and anchor that is no longer being used. Hydro
one has existing o/H plant located on road allowance in front of property.
Enbridge Gas
Nikki DeGroot,
41 6.7 58.47
54
Enbridge Gas Distribution does not object to the proposed application(s). This
response does not constitute a pipe locate or clearance for construction.
47
&#È
ïhe
Page 4 of 6
The applicant shall contact Enbridge Gas Distribution's Customer Connections
department by emailing SalesArea40@enqridqe.com for service and meter
installation details and to ensure all gas piping is installed prior to the
commencement of site landscaping (including, but not limited to: tree planting,
silva cells, and/or soil trenches) and/or asphalt paving.
lf the gas main needs to be relocated as a result of changes in the alignment or
grade of the future road allowances or for temporary gas pipe installations
pertaining to phase construction, all costs are the responsibility of the applicant.
ln the event that easement(s) are required to service this development,
the
applicant will provide the easement(s) to Enbridge Gas Distribution at no cost.
Enbridge Gas Distribution reserves the right to amend or remove development
conditions.
Planning Division
Mark LaHay, 705.324.941 1, ext. 1324
The following revisions are required to bring the site plan into compliance with the
Township of Ops Comprehensive Zoning By-law No. 93,30 (ZBL) and the City of
Kawartha Lakes Site Plan Guide (SPG).
General Comments:
1, The vacant property will be assigned a municipal address by the Planning
Division. lt will be #76 Walsh Road and should be reflected on future
correspondence.
2.
Planning Division requires a cost estimate with the information required by
the Engineering Division (see above),
,ZoRing:::
The provided Site Statistics Chart references incorrect Yard Setback
requirements and corresponding dimensions. ln accordance with Section
12.2 of the zoning by-law, the minímum front yard is 12 m (west lot line part
of public road frontage); minimum rear yard is 3 m (east lot line with no
abutting residential use); minimum side yard is 4 m (south lot line) and 7.5
m (north lot line containing abutting residential use). This information is
required on the Site Grading Plan to demonstrate compliance with the ZBL.
, rParking.ánd Loading:
1. The plans will need to demonstrate conformity with loading
space
requirements in accordance with Section 2.11 of the zoning by-law. lt is
understood that the owner/applicant will be seeking relief from this
requirement,
48
..,
Page 5 of 6
Sìte,Plan,lssues:
1. The Elevation/Floor
Plan provided with the first submission did not illustrate
building height, or provide a description of the proposed exterior materials
and colours. We typically require this information at the site plan stage for
site plan approval purposes as the plans will form part of the Site Plan
Agreement.
''2'. lt is understood that in addition to the indoor self storage use, the property
is also proposed to be used for outside storage, lt is acknowledged that the
owner/applicant intends to seek relief from the Open Storage Area
Regulations of Section 12.2 of the zoning by-law, along with relief from the
Parking Area Requirements of Section 2.17.8, through a minor variance
application, to permit open storage to be located where parking is currently
illustrated in the north side yard adjacent to a side lot line which abuts a lot
containÍng a Residential use.
3. All existing and proposed trees, hedges and shrubs and proposed sodded
and seeded areas need to be indicated. The proposed treatment (i,e.
hydro-seeding) of the graded areas and/or disturbed areas was not
indicated on the Site Grading Plan as required,
4.
A,minimurn 3.0 rn. wide landscaped str.íp is r.equired to be provided along
the public road frontage. A'landscaped strip has been ind,icated as
illustrated along the south side of the entrance but it does not appear that
any.grass, trees or shrubs have been shown on the north side along the
public road frontage. This may reguire a minor realignment of the fire route
in this location.
We anticipate that the above comments will aid in the revision of the plans,
Please submit a letter outlining how these comments have been addressed. All
revised drawings should be submitted to the Planning Division office at the
address above. Please contact me in advance to discuss the number of drawings
necessary for resubmission purposes.
The City will be in a position to consider approval of the site plan drawings once all
outstanding issues have been resolved to the satisfaction of the agencies and/or
departments and once the revised drawings have been prepared to the city's
satisfaction, The site plan agreement will be finalized when we have received the
final version of the plans. For registration of the site plan agreement, the City
will require 5 full-size paper copies of each final revised pian, which should
be provided only once all agency comments have been satisfactorily
addressed.
A FinancÍal Security Deposít (a letter of credit, bank draft, money order, or certified
cheque) will be required for all works associated with the site's development, as
detailed on the site plan drawings. A cost estimates form will be required to verify
the amount of the Financial Security. ln addition, the solicitor for the owner is
required to complete Schedules A and B of the draft standard site plan agreement
49
Page 6 of 6
for inclusion into the final agreement to be registered on title. Four original signed
copies of Schedules A and B are required.
Should there be any encumbrances on the property (í,e. a mortgage) then a
postponement agreement will be required prior to executing the site plan
agreement. The postponement agreement shall be obtained by the owner and
completed prior to the registration on title of the site plan agreement.
Please feelfree to contact the undersigned should you require assistance or
clarification on the information detailed in this correspondence.
Yours truly,,
/4,,*rq/
Mark LaHay, MCIP, RPP
Planner ll
Attach.
cc; Engineering
Emergency Services
Hydro One
Building
Enbridge Gas
Community Services
50
ScueòucF
OFFICE CONSOLIDATION
JUNE 2014
TOV/NSHIP OF OPS
COMPREHENSIVE ZONING BY-LAV/ 93.30
Page7of111
2.10.4
Sales Or Rentals
On any lot containing a home occupation, there shall be no goods, wares or merchandise,
other than those produced on the premises, offered or exposed for sale or rent on such
premises.
2.10.5
Open Storage Area
No part of any lot containing a home occupation or home profession shall be used
as an
open storage area açcessory to that home occupation.
2.lt
Loading Space Regulations
2.tt.t
Size
Q*
loading space shall be at least 14 metres long, 3.5 metres wide and have a vertical
slearance of at least 4.5 metres.
2.11.2
Location
!*e
required loading spaces shall be provided on the lot occupied by the building,
structure or use for which such loading spaces are required and shall not form a part of
any street, lane, parking space or delivery space. No portion ofany loading space shall be
located closer to any street line than the minimum front building setback for such
building, structure or use in the zone where it is located.
2.11.3
Access
Access to loading spaces shall be by means of a driveway at least 3.5 metres wide
contained within the lot on which the loading spaces are located and leading to a street or
lane located within or adjoining the zone in which the use is located.
2.11.4
Surface
The loading spaces and their associated driveways and entrances shall be maintained with
a stable surface which is treated so as to prevent the raising ofdust or loose particles.
2.11.s
Addition To Or Change Of Existing Use
When a building or structure has insufficient loading spaces on the date of passing of this
By-law to comply with the requirements herein, this By-law shall not be interpreted to
require that the defìciency be made up until an addition or change ofuse is propose& No
addition rnay be built and no change of use may occur if the effect of an addition or
change ofuse would be to increase such deficiency.
2.11.6
Requirements
Loading spaces are required under this By-law in accordance with the following table.
7
51
rr
$
/z
TOWNSHIP OF OPS
COMPREHENSIVE ZONING BY-LAW 93-30
JUNE 20I4
Page 8 of111
LOADING SPACE REQUIREMENT TABLE
Loading Spaces Required
Gross Floor Area of Building
280 square metres or less
1 space
Exceeding 280 square metres
but not exceeding 2,300 square metres
2 spaces
Exceeding 2,300 square metres
3 spaces
2.12
Lots Containing More Than One Use
2.12.1
Lot Area And Lot Frontage Requirements
lühere a lot contains more than one use which is not an accessory use, the lot area
requirement shall be the sum ofthe requirements for each separate use. The lot frontage
requirement shall be the greatest ofthe lot frontage requirements for each separate use in
the zone where such lot is located.
2.12.2
Delivery, Loading And Parking Requirements
When
a building,
structure
or lot
contains more than one use, the delivery space
requirement, loading space requirement and parking space requirement for such building,
structure or lot shall be the sum ofthe requirements for each separate use.
2.t3
Lots Divided Into More Than One Zone
Where a lot is divided into more than one zone, each such portion of the lot shall be used
in accordance with the permitted uses of this By-law for the zone where such portion of
the lot is located. However, for the purposes of determining zone provisions such as
minimum lot area, minimum lot frontage and yard requirements, the entire lot shall be
considered.
2,t4
Non-Complying Buildings, Structures And Lots
2.14.1
Alterations To Non-Complying Buildings And Structures:
Nothing in this By-law shall prevent the enlargement, reconstruction, renovation or repair
of an existing, non-complying building or structure or the enlargement, reconstruction,
renovation or repair ofan existing building or struçture on an existing, non-complying lot
provided such enlargement, reconstruction, renovation or repair shall not:
(a)
increase the portion
of the lot area covered by buildings
if
such coverage
exceeds the applicable maximum building area permitted herein;
(b)
reduce the size of any yard adjoining that portion of such building or structure
which is less than the applicable minimum building setback required herein;
(c)
reduce the distance between two buildings if such distance
applicable minimum building separation required herein;
is
less than the
8
52
TOWNSHIP OF OPS
JUNE 2014
Pagel0oflll
an animal or fish glue manufacturing use;
a blood boiling use;
a chemical processing use;
a noxious use;
a tannery.
2.17
Parking Area Regulations
2.17.1
Size
Each parking space shall be at least 6 metres long, 2.8 metres wide, have an area of at
least 17 square metres and a vertical clearançe ofat least 2 metres.
1 114
Location
The required parking area shall not form a part of any street, lane, delivery space or
loading space. Unless otherwise specified herein, the required parking area shall be
provided on the lot occupied by the building, structure ü,use &r ür¡hich such parking area
lr"required.
2.17.3
Access
Access to parking spaces shall be by means of a driveway at least 2.8 metres wide
contained within the lot on which the parking spaces are located and leading to a street or
lane located within or adjoining the zone in which tþ use is located.
2.17.4
Surface
The parking spaces and their associated driveways and entrances shall be maintained with
a stable surface which is treated so as to prevent the raising ofdust or loose particles.
2.17.5
Addition To Or Change Of Existing Use
When a building or struçture has insufficient parking spaces on the date of passing of this
By-law to comply with the requirements herein, this By-law shall not be interpreted to
require that the deficiency be made up until an addition or change of ms ß proposed. No
addition may be built and no change of use may occur if the effect of an addition or
change ofuse would be to increase such deficiency.
2.17.6
Restrictions In Residential Zones
In a Residential Zone, no person shall park more than one vehicle per dwelling unit which
is a commercial motor vehicle having a maximum wheelbase of 5,0 metres as defined in
the Highway Traffic Act. School buses are exempted from this requirement.
2.17.7
Restrictions In Other Zones
In any Residential zone, no person shall park any automobile or commercial motor
vehicle unless such vehicle bears a motor vehicle licence plate or sticker which is
currently valid.
2.17.8
Requirements
Parking spaces are required under this By-law in accordance with the Parking Space
Table.
t0
53
TOWNSHIP OF OPS
COMPREHENSIVE ZONING BY.LAW 93-30
Page
1l
JUNE 20I4
oflll
PARKING SPACE REQUIREMENT TABLE
MINIMUM OFF-STREET PARKING
TYPE OR NATURE OF USE
REQUIREMENTS
I parking space for each four
persons that may be legally
accommodated at any one
Assembly Hall, Auditorium, Auction Barn
Arena, Community Centre, Place
of Worship, Private Club,
Farmers Market or other similar
places of assembly not otherwise
specified herein.
time.
Automobile Service Station
Commercial Garage or Motor
Vehicle Service Station or
10 spaces
Gasoline Pump Island
Bowling Alley 3 parking spaces for each
bowling lane.
Business and/or Professional
Offi ce, Financial Establishment,
1
Retail Commercial Establishment, Commercial Greenhouse
or Nursery, Personal Service Shop
including a Home Occupation
or Home Industry.
Curling
Rink
parking space for each2ï
square metres ofgross floor
area
ofthe building directly
related to the specified permitted
use.
4 parking spaces for each
curling sheet plus 1 parking space
for each 4 persons that may be
accommodated at any one time.
11
54
JUNE 2014
TOWNSHIP OF OPS
Page12ofl11
REQUIREMENTS
1 parking space for each 9
square metres or fraction
thereof of gross floor area
Dry Cleaners Establishment
with a minimum requirement offour spaces.
Eating Establishment or Tavern
I parking space for each 15
thereof, or I parking space
for each 4 persons or
fraction thereot or legal
capacity, whichever is
greater.
Eating Establishment, Drive-In
thereof of gross floor area.
Farm Implement Sales and
Service Motor Vehicle Dealership
I parking space for each 5 square
metres net floor area.
Golf Course
24 parking spaces for each
t holes of golfing facilities
Home for the Aged, Nursing
Home
I parking space for each
four beds or fraction
thereof.
Hotel, Motel, Resort, College
1.5 parking spaces
or Cabin Establishment,
Tourist Establishment or
Camping Establishment
guest room, cottage, cabin
or camp site.
Liquor Licensed Premisesn
1 parking space for each 4
persons that may be legally
accommodated at any one
exclusive ofan eating
establishment, but including
an entertainment lounge,
public house or lounge licensed
in accordance with The Liquor
Licence Act, as amended, and
the Regulations thereunder.
for each
time.
I parking space per 37
Manufacturing, Processing,
Assembling or Fabricating
Plant, Wholesale Establishment
or Warehouse.
area or portion thereof.
t2
55
TOWNSHIP OF OPS
Page 13
iuNE
oflll
2014
REQUIREMENTS
Marina
1.5 parking spaces for every
1
boat slip and I parking space
for every 8 square metres
of gross floor area
commercial use, exclusive
to
devoted
of
storage area.
Medical, Veterinary or Dental
Clinic, or Offìces of a Drugless
Practitioner space for each examination
5 parking spaces per
practitioner, plus I parking
room exceeding 5 such
rooms per office.
aÍea,
Post Office, Museum, Art
Gallery, Public Library
Residential
2 parking spaces per
dwelling unit.
Schools
(i)
Elementary
The greater of:
(a)
1.5 parking spages per classroom; or
(b)
1 parking space per 9 square metres
of gross floor area in the gymnasium;
or
(c) I
parking space per 9 square metres
of gross floor area in the auditorium.
(ii)
The greater of:
Secondary
(a)
4 parking spaces per classroom; or
(b) I
parking space per 9 square metres
ofgross floor area in the auditorium
1 parking space for each five seating spaces
Undertaking Establishment
or fraction
thereof with a minimum
ten parking spaces.
Workshop
I
of
parking space per 35 square metres of gross floor area.
I parking space per 35
square metres of gross
floor area.
Uscs Permitted by this By-law
other than those listed in this
Table
13
56
TOWNSHIP OF OPS
Page51
JUNE 2014
oflll
Planting Strip Location
A planting strip shall be required along any portion ofa rear lot line and any portion ofa
side lot line which abut a Residential zone or which abut a lot containing a Residential
use.
Planting Strip Width (minimum):
3 metres
Gasoline Pump Island Setbacks (minimum)
(a) from any street line
(b) from any other lot line
4.5 metres
6 metres
Open Storage Area Regulations
No open storage area shall be located:
(a) in a front yard or a exterior yard; or
(b) in a rear yard adjacent to a rear lot line of such lot which abuts a Residential
zone or abuts a lot containing a Residential use; or
(.c)' in a side yard adjacent to a side lot line of such lot which abuts a Residential
zone or abuts a lot containing a Residential use; or
(d) closer than 6 metres to any lot line if combustible materials are stored there; or
(e) closer than 6 metres to any lot line unless it is enclosed by a fence at least 1.8
metres high and of solid masonry, wood or plastic materials; or
(Ð
closer than 30 metres to any watercourse or water body.
General Provisions
In addition to the above, the provisions of Section 2 shall apply
Setbacks from Residential Uses
The following minimum setbacks shall be required between the industrial uses permitted
in Section 12.1 and a residential lot.
light industries
medium industries
heavy industries
. 60 metres
. 90 rnetres
.300 metres
Existing industrial uses and / or lots and those industries listed as Other Industries in
Section 12.l are exempt from this requirement.
(B/L 93-42)
12,3
Exceptions
12.3.1
General Industrial Exception One
(M-l) Zone
Notwithstanding the permitted uses in the General Industrial (M) Zone to the contrary,
within the General Industrial Exception One (M-l) Zone,lhe following shall apply:
Residential Uses
.
prohibited
Non-Residential Uses
aerodrome
5l
57
rq\ta ft
3'. ¡t {t)
F Sc/daOu
CHIEF ADMINISTRATIVE OFFICER REPORT
# PL2001-260
Committee of the Whole Date: October 1,2001
Subject:
Request for exemption from Site Plan Control for lands described as
Lot 12, Plan 621, Geographic Township of Ops, City of Kawartha
Lakes, known as 12 Walsh Road.
Author: Caroline Kimble
Signature
Phone:
E-Mail:
324-9411, ext. 330
ckimble@citv. kawarthalakes. on. ca
Position:
Senior Planner
Corporate File# L04-33
Departmental Report # PL2001-260
RECOMMENÐATION{S}:
1.1
THAT Report PL2001-260 be received for information;
1_2
AND THAT Council exempt ihe lands described as Lot 12,P\an621,
Geographic Township of Ops, City of Kawartha Lakes, known as 12 Walsh
Road from the requirements of By-Law 94-12 and By-Law 87-15 as
amended {being Site Plan Control By-Laws} of the former Township of Ops
for the purpose of constructing three additional mini storage units and
related services thereon.
DIRECTOR:
\i
'J
al(
OTHER
TREASURER'S APPROVA
(if applicable)
CHIEF ADMINISTRATIVE OFFICER GOMMENTS:
(if applicable)
/lc rinr,
58
INISTRATIVE OF
C9
-;.tth)
Report# PL2AU-260
Exemption from Site PIan Approval
Fotmer Township of Ops - Mini Storage - Thorne
Page 2 af3
BACKGROUND:
Proposal
Owner I
ïo
exempt the proposed development of three mini-storage units
from the requirements of Site Plan Control. The lands are located
east of County Road 36 (Verulam Rd) and the former Town of
Lindsay boundary, in the geographic TownshÌp of Ops.
Applicant: Rosemary and William Thorne
Legal
Description:
Lot 12, Plan 621, Geographic Township of Ops, City of Kawartha
Lakes.
Official Plan
Desrgnated lndustrlal on Schedule 'A' of the Township of Ops
Official Plan
Zoning:
General lndustrial (M) Zone
Site Size:
The lot is approximately 5.7 hectares (14 acres) and has
(364.9 ft.) of frontage on Walsh Road.
Existing Use:
The lands currently support three storage buildings with the
balance of the lands being vacant
11 1m
Planning Comments:
The effect of the exemption of site plan contiol would be limited. The proposed
development extends the existing development of three mini siorage units to a iotal of
slx units.
The past practice of the Township of Ops was that this type of development did not
require Site Ptan Approval and no Agreement was required unless specifically identified
'by way of a zoning provision (i.e, (H) holding symbol). The current owners purchased
the propeÍy on June 1, 2OA1 and understood that no Site Plan Approval or Agreement
would be required to construct the three units currently proposed.
Upon confirmation with the Planning Department, the owners were advlsed that Site
Plan Approval does apply to the fands within the General lndustrial (M) Zone.
Therefore, the solicitor on behalf of the owners has requested that the City of Kawartha
Lakes proceed with the past practice of the Township of Ops in refation to the Site Plan
Approvan for the three units currently proposed. The solicitor has provided a written
request for exemption from the site plan approval process to enable construction within
the current building season. A copy of the letter is attached as Appendix " 4" io this
report.
59
r,u {ù
Repoñ# PL2AU-260
Exemptíon from Site PIan APProval
Former Township of Ops - Mini Storage - Thorne
Page 3 of3
Due to the past practice of the former Township of Ops, and the understanding that the
owners had related to site plan approval, Planning Staff is in a positlon to recommend
exemption of the requirement for Site Plan Approval.
Staff also note however, that although this report recommends exemption related io the
three units currently proposed, this does not exempt the owner from all other applicable
law, including zoning provisions and Building Code requirements. The exemption
relates to the three units only and does not extend to the additional units proposed in the
future where site plan approval may be required prior to the issuance of a building
permit.
A copy of the reduced site pfan as submitted for building permit is attached as Appendix
"B" to this report.
Circulation Comments
None to date
Other Comments:
Appendices:
Appendix A - Letter from Jack Laurion on þehalf of owners, dated Sept. 17, 2001
Appendix B - Reduced Site Plan, submitted for Building Permit Issuance
60
SËP-l?r0i
i,. 'Jf]
Sû5B4I33BE
/'g nntr)rx 'É'' Tb Rernßr TLbPt-'LbÒ(4\
{, t/
L,ruRrûN & -&ssocl-tTnS
LAUR]OI{ &
|10N 12:Û2
IìSSOCJATTS
FA]'( NC,
Eorrister's,sÉriìcíturs & Trade MarK Agents
September 17,2ü01
DELIVERED BY FAX
Mayor Art Truax and Courci!
The Corporatior'¡ of the City of Kawartha Lakes
Eox 9000
26 Fra$sis Street
Lindsay. Ontario
KgV 5R8
I)ear Mayor
Re:
.4.rt
Truax anri Council
& lVilliam Thorne
IZ lYalsh lto¡d' LindsaY
RorcmarY
I.ûtlã'
PIan 621
rililliam
acquired the above
Thonre,
I aln the larvyer for Ms. Thotne, wllo, with her husband,
business and has
a
self-storage
as
used
is being
*^
*¿
property ou June 1, 2001. This propelry
existencc'
in
currenily
units
iftrJ" CI mini storage
city of Kawarlha Lakes dated Mey
¿tacha{ for yr.rrr information is a c<rpy of a. letter ræ.ei\¡ed ftom
It, ioot" conrrrming that the existing three srorage units were properly approved'
1, 20û1' \tc were advised by the city of Kawarlha
ÏYhen my clienr purchased this properþ'on June
pt*t for.a- development this size' My clienrs
Lakcs thar the Township of Ops rlid not requrt" tlt"
units
rhar triey woukr be able ro expand the storage
thererore purchased ürrïñ.i,y oo irru uaiis
provided bv thc cirv
witbour thc need
fr, -;f,;;i;ug-..nrrnt. i¡rt ir thã infor¡ration wr werr
c¡f Kawar¡ha l.akes an M.aY
3ì, ?Û0I'
an additionat fhreç f3) storage units'
My client r¡ould now liks to invæt in he¡ property and install
ro obtain approval. Mr-. Darøiger advi sed that
trve have becn in contact with ffi. nicha¡d Darøiger
\venowneecitowriteyoutorequesta,.exempto''fromthereqrriremerrtfornsiteplarrâlreement
storage units'
for the installation of the additional tiucc (3) mini
clients as thsir formal request for an exemption
Therefore, pleâse âccept this leuer on behalf of my
for the installation of tlree (3) additional mir-ri storage
fi.om the requirement for a site plan agreement
units for the above referenced proPeÍy'
41 Wellington gtreet fål3t, Aurorå' OntåriÞ L4G 1H6
TelerJnone {g,J') 841.22?2 Fax (9O5) 84i-3388
61
Êmail laurion,law@svmpatico'ca
S[P-l?-01
LAURION &
l10N 12:03
i',
FAX NC. 9058413388
ASSOTIATTS
JUI'¡
The Corporfiiion of The CitY Of
Køwørthø Løkes
Laurion & Associatcs
Jack Lau¡ion
41 tvVeltington Street East
Aur{rra, ON L4G tI-I6
Thornep/f Cavaliere
l l Wâlsh Road, TownshiP of OPs
Lakes
now in the citv
Re:
DEa¡ Sir:
"M" permitting âtnoilg other uses a
The above notêd¡lïopçrty is zoncd Gçnertl Indrstrial
and
r" ã U"ifaing ottttt of a building. used for the storage
wareho'se which is
include
or articles and may
dist¡ibution of gooAs,-iarer,mcrchandiãq subsmn"cs
that they do not c}:ceed lo
provided
outlc{
Iasilitics fr¡r awholes"r.ï.t*n cor¡mercial
Iut strall nof i.nclude ã ruck of transport terminal or ¡"ard'
gro*
d;dJ
f*Jo*
per cenf of thc
i{buildingpemitwasissucdinlgggfor2oftheunitsa¡rdafurtherpermítrvuqis'suedin
2û00 for ttrç tbi¡d storage unit"
I trust this ìs the informatioa you require'
SincerelY,
*.{-"*"-
d'^t'l¡
Porrna'l'amblYn
Buitding DePartment
(compuier generâted signaturc)
Lindsay Branoh
ÐcveloPment Sewicçs
Ontrrio l'?V 4S5
FO Box 630, 180 Kent Street Wcst, Lindsay'
3t'4"6171cxt 288 far (?05) 3?'41t)51
tete:
iros)
e'mail: donna.tamblyn@town'lind$ây'on'ca
website: ltúww.city'kawarthalakes'on'câ
62
-5
ç
May 31,2001
r.i ¿l
20111
ttftr\
stP*l?-Oill0N12:03LAURI0N&AssOclATEsFA}{N0.905B4133B8
i" ui
t.tt(ç)
Pagc 2
me an5'ttme
I thmk you in advance for yorrr considaation of this re4uest. Please feel free to contact
should you I ravc iruy qucstions or
Youta very
if
I can be of any assisurice'
trul¡
& Associates
Enclosure
c:
Mr. Rich¿rdDanáger
Direstor of Slra[egio ând Land Use Pla-rning
Ms. Rosemary Thonoe
63
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COMMITTEE OF THE WHOLE MINUTES
cw2001-19
Monday, October 1,2001
Page 12 of '!9
ãûøved by Councillor Rabinson, seconded by Councillor Jack,
REGOiiiIEND THAT Report PL2OO1-260 be received for information; and
THAT Council exempt the lands described as Lot 12, Plan 621, Geographic Township of
Ops, City of Kawartha Lakes, known as 12 Walsh Road from the requirements of By-law
94-12 and By-law 87-15 as amended (being Site Plan Control By-laws) of the former
Township of Ops for the purpose of constructing three aCditional mini storage units and
related services
thereon'
.ARRTED cw2001-753
5.12
Robert Griffiths, Senior Planner
Aggregate Resources Act Licence for a Pit on
Part of Lot 3, Conc. 6, Geographic Township of Emily
Applicant: William R. Mahood
PL2001-264
Moved by Councillor Robe¡tson, seconded by Councíllor Polito,
RECOMMEND THAT Report PL2OO1-264 be received; and
THAT a detailed reviet,, cf the pit application by staff be prepared for the Octcber 9th
Council meeting.
GARRIED eW200í-754
Councillor White left the Council Chambers during discussion of ltem 5.13 due
declared pecuniary interest.
5.13
Trevor Lewis, Manager of Engineering Services
Reiease of Easement - Manorview Subdivision
(Nursing Home)
to his
EPW2001-119
Moved by Councillor Polito, seconded by CouncÍllor O'Reilly,
RECOttIMEND THAT Report EPW2001-119 be received; and
THAT the Mayor and Clerk be authorized to execute a release of Part 2, Plan 57R6668
upon receipt of a deed to a right-of-way to access the municipal land to the east of
McLaughlin Road.
GARIED CW2001-755
5.i4
John Robíson, Chiei Administrative Offieer
Departmental Activity Update
UAUZUUl.J.'
Moved by Councillor O'Reilly, seconded by Councillor Warren,
RECOIñMEND THAT Report CAO2001-33 be received and filed.
GARRIED CW2001-756
Maved Þy Councilior Polito, seconded by Couneiííor White,
RECOMMENÐ THAT the CAC prepare a draft policy on the 20A2 aperating and capital
budget preparation, including how and when these budgets will be presented to Council,
for the October 15,2001Committee of the Whole meeting.
-757
CARRIED
65
COMM¡TTEE OF THE WHOLE MINUTES
cw200l-t9
Monday, October 1,2001
Page 11 of19
Moved by Councillor Luff, seconded by Councillor Jack,
RECOMIiIIEND THAT Report PL20O1-252 be received; and
THAT the Tourist Commercial Exception Three (C3-3) Zone be replace with the Rural
ResidentialType One Exception Two (RR1-2) Zonelor the subject lands described as 2358
County Road 48, NWBR, Part Lot 30, in the geographic Township of Bexley (Kroth).
GARR¡ED CW200l-750
5.9
Doug Carroll, Area Planner
An application to amend Zoning By-law No. 12-95 to
change the zone category from Tourist Commercial (C3)
to Rural Residential type Three Exception Sixteen (RR3-16)
The subject property is 39 Leslie Frost Lane, Conc. 9.,
Part Lot 7, Pleasant Point, in the geographic Township of
Fenelon (Jeffries)
PL200r-253
Moved by Councillor Marsh, seconded by Councillor McOee,
RECOltlli,lEND THAT Report PL2OO1-253 be defened pending a report from Director
Danziger outlining the concerns identified in the September 2, 2OO1 letter attached to
Report PL2001-253'
cwzoarTsl
'ARRTED
5.10
Doug Carroll, Area Planner
An application to amend Zoning By-law No. 78-45 to change
the zone category from General industrial (M2) and Disposal
lndustrial Exception One (M4-1) to Rural ResidentialType
One (RR1) and Rural General (RG) respectively. The
subject property is 3265 County Road 121, Conc. 8, East
Part Lot 1, in the geographic Township of Somerville (Kinsman)
PL2001-254
Moved by Councillor Huke, seconded by Councillor Ashmore,
RECOMIUEND THAT Report PL20O1-254 be received; and
THAT the General lndustrial (M2) and lndustrial Disposal (M4-1) Zones be replaced wíth
the Rural Residential Type One (RR1) and Rural General (RG) Zones, respectively, for the
subject lands described as 3265 County Road 121, Conc,8, East Part Lot 1, in the
geographic Township of Somerville (Kinsman).
GARRIED CW20AL752
5.1'1
Caroline Kimble, Senior Planner
Request for exemption from Site Plan Controlfor lands
described as Lot 12, Plan 621, Geographic Township of
Ops, City of Kawartha Lakes, known as 12 Walsh Road
66
6¡2001-260
i{
CHIEF ADMINISTRATIVE OFFICER REPORT
#.FL2002-O57
Meeting Date: May 28,2402
Council
Subject:
WARD:
ll
Application to amend Zoning By-law No. 93-30 to change the zone
category from the Agricultural Support {AS) Zone to Agricultural
Support Exception Nine (AS-9) for the lands described as Part East
Half of Lot 16, Concession 4, geographic Township of Ops, City of
Kawartha Lakes.
Author:
Phone:
E-Mail:
Position:
Caroline Kimble
Signature:
324-9411, ext. 330
ckimble@city. kawartha lakes.on.ca
Senior Planner
Departmental Report # PL2002-057
Gorporate File # D06-33-036
RECOMMENDATIONS
THAT Report PL2002-057 be received; and
THAT Council adopt a by{aw to change the zone category from the Agricultural
Support (AS) Zone to Agricultural Support Exception Nine (AS-91for the lands
described as Part East Half of Lot 16, Goncession 4, geographic Township of Ops,
City of Kawartha Lakes to permit the development of a maximum of four dry ministorage units with a minimum 7m setback from the front, rear and interior
DIRECTOR:
i
.-" i
\\/¿-
OTHER:
TREASURER'S APPROVAL:
(if applicable)
CHIEF AÐMINISTRATIVE OFFICER COMMENTS:
(if applicable)
CHIEF A
67
TIVE O
R
t)
1 t[a\
HICKSON
-
.
Reporl#PL20A2-A57
OPS, LITTLE ER|TAIN ROAD * Rezoning
D^^^4 ^rn
tagçLwtl
sideyards, in addition to the uses norrnally permitted in the Agricultural Support
iAS)Zone.
Backqround
Location
North side of Little Britain Road, west of the intersection with Highway 7,
as Part East Half of Lot 16, Concession 4, geographic
Township of Ops, City of Kawartha Lakes. Please refer to Appendix 'A'
described
Official Plan:
Designated Agricultural Suppart on Schedule 'A' of the Township of Ops
Official Plan.
Zone
Zoned Agricultural Support (*ASJ on Schedule'A'to By-law No. 93-30.
Lot Size &
Servicinq:
The subject lands are approximatety 0.33 ha. {0.82 ac.), with 60.96 m.
(20û ft,) frontage on Little Britain Road 4. Ðue to the nature of the
proposed use, the owner does not propose to service the lands with water
or sewer. The stormwater will be managed on site with sheet drainage,
ProggsqU
To change the Agricultural Support Zone to the Agricultural
Support
Exception Nine (AS-9) Zone, which would reflect'the minimum lot area of
0.33 ha., and reduced front and rear yard setbacks to 7m respectively.
Rationale
The Applicant/Owner has requested an amendment to ihe Township of Ops
Comprehensive Zoning By-Law #93-30 to permit the development of a maximum of four
dry mini-storage units with a minimum 7m setback from the front, rear and interior side
yards, in addition to the uses normally permitted in the Agricultural Support (AS) Zone.
Due to the size and locaiion of the subject fands, it is not suitable for production and has
been identified in the Township of Ops Official Plan as being preserved to protect the
agricultural economy from incompatible uses lhat may inhibit production. The
application does not contravene the spirit or intent of the Victoria County Official Ptan.
The application does not contravene the Provincial Policy Statement (PPS).
The proposed Agricultural Support Exception Nine {AS-9) Zone will require a minimum
lni arca nf Õ ?? hr /O R) eo. \ a minimum frnnl r¡erl colhank ¡f 7ry','e minirnrrm roarr¡qrrl
setback of 7m (22.96 ft.); a minimum landscaped area of 17,3%; and a [ot coverage of
33.0% for the mini storage units. The exceptions to the performance standards for the
minimum setbacks, landscaped area and lot coverage is intended to be specific to the
mini storage units only. Any devefopment of the lands for uses otherwise permitted in
the Agricultural Support (AS) Zone would be subject to ihe performance standards of
that Zone.
''-.\-.--s9'/)!il¡'úl¡lll
The predominant uses in the Agricultural Support Designation of the lands is for those
uses that serve the agriculturaf community, including such uses as farm implement
saìes and service equipment, Planning Staff are of the position thai the use of the lands
for mini-storage is in keeping with the types of uses identified by lhe Official Plan as
examples and that the units could serve the agricultural community while protect¡ng the
agricultural economy from incompatible uses which may inhibit production,
68
? itl)
Hi CKSO/V
Report ltPL2002-057
ROAD _ RCZON\Ng
Page 3 of3
_ APS, LITTLE BRITAIN
The Agricultural Support (AS) Zone currently applied to the lands would perm¡t a
warehouse for agricultural produce sales, The proposed development of the lands for
mini-storage units would be in keeping with the nature of the warehouse use and the
lands would function in a similar manner.
A Public Meeting was held on October 23,zA01 by the Planning Advisory Committee for
ihe City of Kawartha Lakes. There was no objection or concerns identified by the public.
Due to some concerns regarding potential contamination of the site, it was
recommended by staff that the owner seek confirmation from a qualified professional,
that all existing and potential sources of pollution (soil contamination) have been
corrected on the subject lands prior to the draft by-law proceeding for consideration in
compliance with the policies of the Ops Offìcial Plan, The concerns were based on
information regarding the former use of the lands for a petroleum dispensing depot.
Council adopted a resolution requiring the testing and correction if necessary.
An Environmental Site Remedíation report has been submitted by Grace and Associates
on April 23, 2002 on behalf of the owner. The report concludes, among other things that
no significant contarnination remains on site and no further clean-up is anticipated. A
copy of the Conclusions and Recommendations section of the report is attached as
Appendix "B" to this report. A copy of this report was circulated to the Engineering
Division of the Engineering and Public Works Department, Chief Building Officiat and
Fire Prevention Officer for the City of Kawartha Lakes. No concerns have been
expressed by any of the circulated departments. Planning Staff accept the report and
are satisfied with the conclusions and therefore, recommend proceeding with the
rezoning.
Other
A
lternatives Considered
:
None to date.
Financial Consideratiqns
None.
Gonsultations:
The application has been circulated as per the requirements of the Planning Act, R.S.O.
1990, c.P.13. Comments were received from Kawartha Conservation advising that they
have no objection to the apptication. No further written comments have been received
from the circulated agencies/departments and/or the public,
Appendicies
AppendixA-KeyMap
Appendix B - Excerpt from Environmental Site Remediation Report
69
Ap¡røxlk
'/]t /t, ?¿..rrrt
-lt'Lz.osz'ü51
2.44)
Geographic TownshiP of OPs
Lot 16
U}
'LAND TO BE
ZONED AS-?'
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Little Britain Rd.
ri
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Lot 15
Concess¡on 4
70
E
E
Appzncüx
I
z.#ç>
Tuza>z-as-Ì
6'
Project No. R0l'175
Envíronme nÍal Síte Remedintío n
Lot 16' Conc. 4, OPs TownshíP
Ivlr. Ca¡I Hickson
Aprìl15, 2002
Page
II
7.0 .-CONCITUSIONS AN"D REÇOMMENDATTONS
west of Highway 7 in Part East Half of
The subjectproperty is located on Little Britain Road
Lakcs' The site was
Lot 1ó, Concession 4, geagraphic Township of ops, city of Kawartha fuel storage fãcility
depot and bulk
forrnerry occupied by a shell Limired petroläum dispensing
which operated Prior to 1978.
Carl Hickson to change the
This investigation was required in support of an application by
Exceprion seven (AS-7) for the
zoning from Agricurtural support (AS) io AgricultuiJ support
construction of four mini-storage units'
and seven soil samples were
Six test pits were excavated to assess hydrocarbon contaminatioû,
The foliowing conclusions are based on
anaiyzed to assess site contamination and remediation.
the ðnvironmentå,l investigation described above:
1.
clay. lt is overiain by sand and
The principal soil type on the site is silty sand with trace
below grade at thc lime
gravel fill and by topsoil. The water taùle was 1.8 to 2.0 metres
of inspection.
2.
between 1'5 and 3'5 metres
Soils with hydrocarbon staining and odour were encountered
the M.O'E.E' clean-up
below grade in Test pir-2. A sample of the stained soil exceeded
groundwater criteria' No other
criteria for total petroleum hydroôarbons under potåble
test pirs exhibited signs of hydrocarbon contamination.
3.
the site. confirmatory sampling
About 560 m3 0f contaminated soil was removed from
property meets the clean-up
following rernoval of the contaminated soil indicates that the
guidelines ibr a potable groundwater condition'
4.
Newcastle Recycling Limited supplied clean
5,
isolated pockets of soils with
No significant coiltamination remains on the site. Although
,- -.r-- -^-L^! nn firrther clean-un :riS --'i::---'-¡'-----'
a¡liCifiated'
llyu¡uç4tuur¡ ûdûüís iïìa] Íernâlfr, ii'J iu¡l¡:ui L¡*¡: çij
6.
with clean Frll'
Settlement of filled areâs may occur and should be levelled
Gß.,\C
E ¡T ¡lSSOCi.{
l"ES
71
fiil for site restoration'
Geological
& Environ¡nettlal
Consubsnls
cc2002 - 15
COUNCIL MINUTES
TUESDAY, MAY 28,2002
?age 13 of 24
7.4
Wayne Hancock, Director of Engineering and Public Works
George Brown, Manager of Purchasing
Tender No.2002-24
For the supply and delivery of Traffic Signs and Miscellaneous Hardware
cs2002-50
Moved by Cauncillor Jack, seconded by Councillor Barrett
RESOLVED THAT Report CS2002-50 be received; and
THAT Tender No. 2002-24 for the supply and delivery of traffic signs and miscellaneous
hardware be awarded to Guild Electric Limited, Scarborough, ON at the corrected tendered
price of $53,01 1.94, including taxes.
cARRtEp CR2002-605
7.5
PL2002-O57
Caroline Kimble, Senior Planner
Application to amend Zoning ByJaw NO. 93-30 to change
the zone category from the Agricultural Support (AS) Zone to
Agricultural Support Exception Nine (AS-9) for the lands
described as Part East Half of Lot 16, Concession 4,
geographic Township of Ops, City of Kawartha Lakes
Moved by Councillor Jack, seconded by Councillor Barrett
RESOLVED THAT Report PL20O2-A57 be received; and
THAT Council adopt a by-law to change the zone category from the Agricultural Support (AS)
Zone to Agricultural Support Exception Nine (AS-9) for the lands described as Part East Half
of Lot 16, Concession 4, geographic Township of Ops, City of Kawartha Lakes to permit the
development of a maximum of four dry mini-storage units with a minimum 7m setback from
the front, rear and interior side yards, in addítion to the uses normally permitted in the
Agricultural Support (AS) Zone.
GARRIED CR2002-606
7.6
Rosalie Evans, Solicitor/Clerk
Request for Temporary Extension of Liquor
Licence - Lakeview Banquet Hall
cAo20a241
Moved by Councillor Ashmore, seconded by Councillor Luff
RESOLVED THAT Report #CAO 200241, "Lakeview Banquet Hall Request for Approval for
Music Festival", be received; and
THAT the Solicitor/Clerk be authorized to write the letter of approval requested by Mr. Archer,
the proprietor of Lakeview Banquet Hall, in the same manner as occurred last year, that is,
that the Archers be advised that Council has no objection to the event subject to the
temporary liquor licence extension having the following requirements:
(a) Appropriate liability insurance being in place; and
(b) Event security being provided with a minimum of two paid duty police officers with
additional coverage provided as deemed necessary by the Ontario Provincial
Police.
CARRIED CR2002-607
72
cc2002 - 15
COUNCIL MINUTES
TUESÐAY, MAY 28, 2OO2
I A9g
7.7
ll
vr 4l
Items extracted from 5.3.2
Community and Emergency Services Committee Meeting
c&82002-79
Moved by Councillor Robinson, seconded by Councillor Lufî
RESOLVED THAT Report CCS2002-51, "Re-worked Sponsorship and Dedication Policy" be
referred back to staff.
GARR|ED CR2002-608
c&E2002-81
Moved by Councillor Marsh, seconded by Councillor Luff
RESOLVED THAT Staff be directed to prepare, in conjunction with the Health Unit, a City of
Kawartha Lakes Tobacco Free By-Law.
DEFEATEÐ
Mawad hv ênttnoíllar Paha¡íct¡¡¡ coo¡st¡¡la¡l hv l].attnoíIlal, Iaok
RESOLVED THAT Report M2002-03, "Tobacco Control By-Lara/' be received;
THAT a Task Force entitieci "eity of Kawartha Lakes Tobacco eontroi By-Law Task Force" þe
appointed to develop and implement a public consultation process that results in the
development of a Tobacco Control By-Law to be recommended to Council;
THAT the Task Force consist of three members of Council and members of the public as
recommended by the CouncilTask Force members;
THAT a Terms of Reference for the Task Force and the complement of members of the public
be returned to Council for approval;
THAT the consultation process be completed and the By-Law recommendation(s) be
submitted to Council by October 22,2002.
GARR|ED CR2002-609
c&E2002-83
lilloved by Councillor O'Reilly, seconded by Councillor Teel
RESOLVED THAT Report SSHVM20O2-18, "Mandatory Benefits - Medical Transportation",
be approved in order to provide medical transportation reimbursements and related expenses
to eligible Ontario Works participants.
GARRIED CR2002-610
c&E2AO2-84
Moved by Councillor Barrett, Seconded by Councillor Luff
RESOLVED TI{AT Report SSHVM20A2-21, "Discretionary Assistance-DentalWork and
Dentures", be approved to provide assistance with the cost of emergency dental work and
dentures to Ontario Works and Ontario Disability Support Act participants aged 16 years and
over.
CARRIED GR2OO2-611
c&E2002-85
Moved by Councillor Teel, Seconded by Councillor McGregor
RESOLVED THAT Report SSHMV2002-26, "Acquisition of Defibríllators for the City of
Kawartha Lakes" be referred back to the Community & Emergency Services Committee
73
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-¡*.t
A GUIDE TO THE SITE
PLAN APPROVAL
PROGESS
75
CITY OF KAT4/ARTHA LAKES
.ctrî pr aN GtÌtnp.
Note:
In cases where the development proposed is quite complex and all necessary
information cannot be provided on a single plan, then additional plans such as
a grading plan and/or a landscape plan,
2.4
will
be required as outlined.
Circulation of Plans
Upon receipt of plans acceptable for review, the site plan will be circulated to the
applicable Departments and agencies as outlined on the attached Appendix "D".
Replies containing recommendations and conditions to be imposed on the plans and/or
the site plan agreement are to be returned to the Development Services Department
within 15 days. If a reply cannot be provided within this time period, the Development
Services Department should be notified and an extension requested. If no comments
are provided and no extension has been requested, it is assumed that the department or
agency has no comments or requirements.
2.5
Approval of Plans
comments, a post circulation letter will be prepared by the
Development Services Department and sent to the applicant/owner outlining concerns
or requirements of the commenting agencies including requests for revisions to the site
plan. The applicant/owner is asked to concur in writing with the requirements and
revisions that are outlined in the post circulation letter. Once the applicant/owner's
concurrence letter is received, a memo is prepared by Planning Division staff for
consideration of the Director of Development Services. The memo will give
background information on the nature of the application, a description of the proposed
development, a synopsis of comments from the various commenting agencies and
departments, and recommendations to the Director of Development Services who may:
Upon receipt
of all
a)
Approve the proposed development.
b)
Authorize the applicant/owner to enter into a site plan agreement with the City
And
c)
the applicanlowner to deposit with the City a Letter of Credit for
development works proposed to be completed on the subject lands. (See Section
&,10.1)
,¿iWhorize
For the purposes of preparing the planning memo, the applicant/owner will be required
to provide to staff with an 8 ll2" x 1 1" reduction of the proposed site plan for inclusion
in the staff report.
PAGE-8C:\Users\irogers\Documents\Planning
and BuildingUanuary 2016\5ite Plan Guide Process (May 2014).doc
76
CITY OE KAVAßTHA,LAKES
<ITF PI /AI
2.6
GT
IINF
Site Plan Agreement
Once the Director's approval of the site plan has been received and the Director of
Development Services authorizes the owner of the subject lands to enter into a site plan
agreement with the City, the Development Services Department prepares a draft site
plan agreement and circulates it to the applicant/owner and the City's solicitor for
comments. Should there be any disputes as to the inclusion of ceftain clauses in the
agreement by the applicant/owner, the applicant/owner may request that any clause of
the agreement be reviewed by Council, through the Development and Public Works
Services Committee. Once the site plan agreement has been agreed to by the City and
the owner, six copies of the agreement are forwarded to the owner for signature. These
copies are returned to the City together with the letter of credit or other guarantees
provided for by the agreement. The copies are then signed by the Clerk and the Mayor.
Once signing is complete, the City will register the agreement on title. All costs in the
preparation, execution and registration must be paid by the applicant/owner.
Postponements to any mortgages or charges on title must be obtained by the
applicant/owner. The applicanlowner may now receive a building permit provided that
all other matters are in order. The application for building permit may be initiated by the
applicanlowner concuffently with his or her application for site plan approval or anytime
thereafter. However, it should be noted that a final building permit will not be granted
until after the site plan agreement has been registered.
If an Official
Plan amendment, rezoning, Committee of Adjustment, or subdivision of
land approval is required or is being applied for simultaneous to the site plan control
review, the site plan agreement will not be entered into until such time as all applicable
approvals are secured.
2.6.1
Bodies Required to Enter into a Site PIan Agreement
persons will be required to enter into a site plan agreement once City approval of a
site plan has been received. Only those agencies and departments noted in the City of
Kawartha Lakes Site Plan Control By-law 2003-21are exempt from entering into a site
plan agreement, as such an agreement would not have any effect in law.
All
2.7
Referral to City Council
b cases where either the applicanlowner or any commenting agency is not satisfied with
the terms or conditions of a proposed site plan agreement or the proposed plan(s), a
meeting shall be convened by the Director of Development Services. If a solution cannot
be arrived at this level, the applicant/owner, a commenting agency or the Director of
Development Services may request that the matter be referred to Council through the
Development and Public Works Services Committee.
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77
CITY OF KAWARTHA LAKES
<r1-ri p r ,1 /:l IInF
^l
2.8
Appeal to the Ontario Municipal Board
In accordance with Section 41(12) of The Planning Act, where the City fails to approve
the development plan(s) within 30 days after they are submitted for approval or where the
applicanlowner is not satisfied with the terms of the proposed agreement, the
applicant/owner may require that the plan(s) or agreement be referred to the Ontario
Municipal Board by written notice to the Secretary of the Board and the Clerk of the City.
2.9
Building Permit
For a building permit to be issued the development has to meet applicable policies in the
applicable Official Plan and applicable zoning requirements in the applicable
Comprehensive Zoning By-law. Once the proposal has met the planning requirements
and the requirements of the Ontario Building Code and payment of development charge
levies has occurred, a building permit will be issued following the registration of a site
plan agreement, if required.
2.10
Enforcement
The site plan agreement ensures that the development is completed in accordance with the
approved plans and within the time limits set in the agreement. In this regard, no person
shall make a material change or cause a material change to be made to a plan,
specification, document or other information on the basis of which a site plan
agreement was signed without notifying, filing details
authorization of the Development Services Department.
with and obtaining the
If any of the works proposed cannot be built as set out in the approved drawings or if
changes to any of the works are contemplated by the owner, revised plans must be
submitted to the Development Services Department for review and approval. Depending
on the nature of the changes/deviations from the approved site plan and drawings, the
plans may have to be re-circulated for comment. If this occurs, the applicanlownerwill
be responsible for any additional costs incured by the Development Services Department
in the re-circulation of the plans. Furthermore, the site plan agreement may have to be
amended and re-registered. Again, the applicanVowner will be responsible for costs
ffiiated with re-regisüation.
2.10,1
Letter of Credit
The site plan agreement also provides for the continued maintenance of the development.
To ensure compliance with the agreement, a cash deposit or Letter of Credit is required to
be deposited with the City. In order to obtain a reduction or return of the Letter of
Credit, the designer shall provide certification that all work has been completed in
PAGE
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IO
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and BuildingUanuary 2016\5ite Plan Guide Process (May 2014).doc
78
cffY or,
KAWARTHA LAKES
SITE PLAN GUIDE
accordance with approved plans and specifications or any changes to them as
authorized by the Development Services Department. Once the City is in receipt of the
certificate of completion, the deposits shall be retumed in accordance with the
provisions of the site plan agreement.
?he purpose of the cash deposit or Letter of Credit is, frrst, to ensure that all site works
(i.e. landscaping, lighting) are built as shown on the approved plans and to the standards
of this Guide. The second purpose of this cash deposit or Letter of Credit is to ensure the
satisfactory performance of all work to bc done on public lands and rights-of-way.
The amount of the cash deposit or letter of credit shall be sufficient to cover 50%o of the
costs of completing the work that is required by the site plan agreement, except parking
works, which shall require a 30Yo cash deposit or letter of credit. An estimate of this
amount shall be provided by the applicant/owner for review and approval by the Director
of Public Works or his designate. The estimate for site works is to be submitted in the
form attached as Appendix o'E". The applicanlowner will then have one year to complete
all the works as part of the site plan agreement. h specific cases, the applicanlowner will
be required to do some work within shorter periods of time as required by the unique
conditions and character of the site and surrounding areas. The Letter of Credit shall be in
a form acceptable to the City, as issued by the financial institution.
3.0
3.1
SITE PLAN STANDARDS
Condition to the Approval of the Site Plan
As provided for in Section alQ)@) of The Planning Act R.S.O. 7990, c. P.13, the City of
Kawartha Lakes, as a condition to the approval of the site plan and any additional plan(s),
may require that the owner of the land provide to the satisfaction of, and at no expense to,
the City any or all of the following:
a)
Widening of highways that abut on the land.
b)
Subject to the Public Transportation and Highway Improvement Act, facilities to
provide access to and from the land such as access ramps and curbing and traffic
direction signs.
c)
Off-street vehicular loading and parking facilities, either covered or uncovered,
access driveways, including driveways for emergency vehicles and the surfacing of
such areas and driveways.
d)
Walkways and walkway ramps, including the surfacing thereof, and all other means
ofpedestrian access.
PAGE -
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79
Planning Report
Date: May 11, 2016
Time: 1:00 p.m.
Ward Community Identifier:
Subject:
Ward 15
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, geographic
Township of Emily, Ski Hill Road. (SOBRIAN/KIEZEBRINK)
Author/Title: Sherry L. Rea, Planning Coordinator Signature:
2lttN L~i9
Recommendation:
RESOLVED THAT Report PLAN2016-032, respecting Part Lots 4 and 5,
Concession 2, geographic Township of Emily, City of Kawartha Lakes and being
vacant land on Ski Hill Road, Application Nos. 001-16-002 and 006-16-008, be
received;
THAT a By-law to adopt Official Plan Amendment Application 001-16-002
respecting Part Lots 4 and 5, Concession 2, geographic Township of Emily, now
City of Kawartha Lakes, substantially in the form attached as Appendix "D" to
Report PLAN2016-032, be approved and adopted by Council;
THAT Zoning By-law Amendment Application 006-16-032 respecting Part Lots 4
and 5, Concession 2, geographic Township of Emily, now City of Kawartha
Lakes, substantially in the form attached as Appendix "E" to Report PLAN2016032, 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.
Department Head:
80
Report PLAN2016-032
Sobrian/Kiezebrink - 001-16-002 & 006-16-008
Page 2 of7
Background:
The required statutory public meeting was held by the Planning Committee on
March 9, 2016 and following resolution was passed:
Moved By; Mayor Letham
Seconded By; Councillor Macklem
RECOMMEND THAT Report PLAN2016-014, respecting Part Lots 4 and 5,
Concession 2, Geographic Township of Emily, and being vacant land on
Ski Hill Road, Application Nos. 001-16-002 and 006-16-008, be received; and
THAT the applications respecting the proposed Official Plan Amendment to the
City of Kawartha Lakes Official Plan and the proposed Zoning By-law
Amendment to the Township of Emily Zoning By-law, be referred back to staff for
further review and until such time as all comments have been received from
circulated Agencies and City Departments.
CARRIED
This report addresses that direction.
The proposal is to permit a two (2) phased "Country Inn" development on the
property with Phase 1 to include a 929 sq.m. country estate building with 14
guest rooms, a manager's apartment and a 150 person conference/event room
along with 3 small two bedroom cottages/chalets. Phase 2 will include a 1,858
sq.m. lodge with 30 guest rooms and 2 additional conference/event rooms and a
2nd manager's apartment. The area of the phased development represents 31 ha.
These applications propose to re-designate portions of the land from the "Rural"
designation to the "Tourist Commercial" and "Environmental Protection"
designations in the City of Kawartha Lakes Official Plan and to rezone portions of
the land from the Agricultural (A 1) Zone to the Recreation Commercial Exception
Two (C3-2) and Environmental Protection (EP) Zones. See Appendix "A" and
"8" attached.
Owner:
Jules and Franees Ann Sobrian
Applicant:
EcoVue Consulting Services Inc. on behalf of Erika Kiezebrink
and Erik and Deborah Kiezebrink
Legal
Description:
Part Lots 4 and 5, Concession 2, geographic Township of Emily,
now City of Kawartha Lakes.
Official Plan:
Designated "Rural" and "Environmental Protection" on Schedule
"A-3" of the City of Kawartha Lakes Official Plan.
Zone:
Agricultural (A 1) and Environmental Protection (EP) on Schedule
"A" of the Township of Emily Zoning By-law No. 1996-30.
Total Area:
58.7 ha.
Total Area of Phased Development:
81
31 ha.
Report PLAN2016-032
Sobrian/Kiezebrink - 001-16-002 & DOS-16-008
Page 3 of 7
Site Servicing: Individual well(s) and private sewage disposal system(s) for the
phased development which will include approvals from the
Health Unit and from the MOECC in the form of an
Environmental Compliance Approval (ECA) for systems greater
than 10,000 L/day.
Existing Use:
Vacant land.
Adjacent Uses: North, South and East: Large rural parcels of land including
agricultural operations and rural residential uses.
West: Agricultural use including equestrian farm with training
track.
Rationale:
The subject property is vacant land on the east side of Ski Hill Road,
approximately 1.2 km south of Highway 7 and the former Village of Omemee and
is comprised of 58.7 ha. of which 31 ha. is the subject of these development
applications. The applicants currently operate Nestleton Waters Inn, a 10 suite
bed and breakfast that holds summer tented weddings and other events and
propose a new larger facility in the City of Kawartha Lakes that is capable of
handling larger weddings, events such as private gatherings, business
conferences, artistic performances, culinary tourism and charitable fundraisers
and can accommodate additional overnight guests.
Applicable Provincial Policies:
Staff reviewed the Planning Justification Report prepared by EcoVue Consulting
Services Inc. in support of the official plan and zoning by-law amendments and
accepts the planning rationale with respect to conformity with the Growth Plan for
the Greater Golden Horseshoe (Growth Plan) and consistency with the 2014
Provincial Policy Statement (PPS). The applications serve to permit a resource
based recreational/commercial use that depends on a rural setting. The
applicant has submitted the appropriate background information to justify the
development.
The land is designated "Rural" and "Environmental Protection" on Schedule "A-3"
of the City of Kawartha Lakes Official Plan (OP). The proposed development is
by definition in the OP, a Tourist Resort. A Tourist Resort is defined as
accommodation in the form of rental cottages and cabins, motel and/or hotel that
is owned and managed as one establishment that also provides recreational
facilities on site for guests. A Tourist Resort is not a permitted use in the "Rural"
designation therefore the applicant is requesting an amendment to the OP to redesignate a portion of the subject land to the "Tourist Commercial" designation.
For further clarity, the applicant is also requesting a Special Policy Area be
applied to permit a "Country Inn" facility defined as follows:
82
Report PLAN2016-032
Sobrian/Kiezebrink -001-16-002 & 006-16-008
Page 4 of 7
"COUNTRY INN shall mean a public lodging or housing establishment in a rural
setting offering and providing accommodation and such additional services and
attention as are necessarily incidental to the use such as a restaurant, bar,
banquet hall, meeting and reception rooms, spa and recreational facilities.
Country Inns may also be used for social events or gatherings, (such as
weddings), and are permitted to obtain liquor licenses."
The balance of the subject property will remain "Rural" and through the review of
the Scoped EIS prepared in support of the applications and confirmed by KRCA,
additional lands will be designated "Environmental Protection" to protect the
natural heritage features identified in the EIS.
Section 34.7 of the OP established the entire City of Kawartha Lakes as a Site
Plan Control Area applying to all uses except for agricultural, aggregate
extraction, forestry, open space and single detached residential uses. Staff
recommends that only the developable area be subject to site plan approval.
The land is zoned Agricultural (A 1) and Environment Protection (EP) in the
Township of Emily Zoning By-law No. 1996-30. The application proposes to
rezone a portion of the property to Recreation Commercial (C3) to permit the
"Country Inn" use. A site specific Recreation Commercial Exception Two (C3-2)
Zone will be applied to clarify the proposed "Country Inn" use which is not a
defined term in the Zoning By-law. A comprehensive review of the Township of
Emily Zoning By-law confirms that the proposed development will comply with
the development standards of the C3 Zone, as well as the general provisions of
the By-law, including parking provisions.
Staff recommends that the developable area be subject to site plan approval to
address the details of development such as access/entrance requirements,
parking, lighting (including dark sky initiatives), waste management, fire routes
and landscaping. Once the site plan agreement has been registered, the owners
would apply to remove Holding Zone, pay the prescribed fee and a By-law to
remove the (H) symbol would be prepared for Council's consideration.
Issues Identified Through the Circulation Process:
There were a number of issues identified through the City's circulation process
which includes commenting Agencies, City Departments and the public
circulation and they are addressed as follows:
Environmental Issues Identified By KRCA
KRCA has reviewed the Seeped EIS dated July, 2015 together with an
Addendum Letter dated April 7, 2016, both prepared by Snider's Ecological
Services. KRCA accepts the recommendations contained in the report and
addendum letter being:
83
Report PLAN2016-032
Sobrian/Kiezebrink - 001-16-002 & D00-16-008
Page5of7
1.
The erosion hazard associated with the steep slope on the property to be
zoned as hazardous (EP).
2.
A 30m. buffer around the PSW feature located on the property to be
zoned for its protection (EP).
3.
The 20m. setback from the eastern boundary in the northeastern corner
of the property to be zoned for its protection (EP).
4.
The wetland on the eastern side of the property, plus a 2m. buffer, to be
5.
The significant woodlands on the property, plus a 15 m. buffer, to be
KRCA has confirmed the findings of the Scoped EIS and confirmed that the size
of the environmentally protected areas will be increased. The applicant accepts
the larger environmentally protected areas and is still able to proceed with the
proposed development. The details of the environmentally protected areas
adjacent to the proposed development will be illustrated on the plans prepared
through the site plan process.
Concerns and Comments Raised Through the Public Process
Comments and concerns raised through the public process included noise, lights,
fire, natural heritage (wildlife), views, the ability to establish a barn on the
property to the north, impact to local wells and objectivity of the 'Planning
Analysis' provided by the applicant's agent. The applicant has submitted a very
comprehensive response to all of the concerns highlighted above, which is
attached as Appendix "C". While Staff is supportive of the efforts made by the
applicant and the future owners of the property to address operational concerns,
Staff continues to recommend that the developable area be subject to site plan
approval which requires that the owners enter into a site plan agreement with the
City to confirm the details of development and may include some operational
issues.
Development Services - Planning Division Comments:
The applications for Official Plan and Zoning By-law Amendment conform to the
Growth Plan and are consistent with the 2014 Provincial Policy Statement.
Conformity with the City of Kawartha Lakes Official Plan has been demonstrated
and Staff recommends that the applications be APPROVED.
No other alternatives were considered at this time.
84
Report PLAN2016-032
Page 6 of 7
There are no financial considerations unless Council's decision to adopt, or its
refusal to adopt the requested amendments, is appealed to the Ontario Municipal
Board. In the event of an appeal, there would be costs, some of which may be
Relationship of Recommendation(s) To Strategic Priorities:
The City's Strategic Plan Framework outlines Council's Vision of a Community
that is naturally beautiful and offering an exception lifestyle by pursuing Strategic
Goals including a Vibrant and Growing Economy, an Exceptional Quality of Life
and a Healthy Environment. This application aligns with the Vibrant and Growing
Economy and a Healthy Environment in that residents and visitors to the City will
have the opportunity to visit a new tourism establishment that is capable of
hosting events such as weddings, private gatherings, business conferences,
artistic performances, culinary tourism and charitable fund raisers and can
accommodate additional overnight guests. In addition, the new tourism
establishment offers opportunity to develop business partnerships with local area
hotels, restaurants, and niche business products and services.
Policy:
The accessibility standards established by the Building Code will be shown on
the subsequent construction drawings, which must be approved by the City prior
to the issuance of a building permit.
Servicing Comments:
The Functional Servicing Report and the Hydrogeological and Geotechnical
Study were circulated to the City's Engineering and Corporate Assets and Public
Works Departments and KRCA for review and comment and both will continue to
comment through the City's site plan approval process.
Consultations:
No further comments were received subsequent to the preparation of the original
staff report and the additional comments presented to the Planning Committee at
the Public Meeting. Staff has continued to work with interested parties and the
applicant.
85
Report PLAN2016-032
Page 7 of 7
Attachments:
.,_
Appendix "A" - Location Map
Appendix 'A'Location Map.pdf
.,_
Appendix "B" - Concept Plan
Appendix 'B' Concept Plan. pdf
.,_
Appendix "C" - EcoVue Response to Public Comments
Appendix 'C' EcoVue Response to 1
.,.
Appendix "D"- Draft Official Plan Amendment
Appendix 'D' - Draft
OffiCial Plan Arrendm
.,_
Appendix "E" - Draft Zoning By-law Amendment
Appendix 'E' - Draft
Zoning By-law Arrend
Phone: 705-324-9411 ext. 1331
E-Mail: srea@city.kawarthalakes.on.ca
Department Head: Chris Marshall
Department File: 001-16-002 and 006-16-008
86
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APPENDIX •_ _ (]:::.::::....._ _
April25, 2016
to
160 Kent Street West
Lindsay, ON K9V 2Y6
REPORT /3.Aa.T:5i>tfe~
bot-
FILE NO.
f~~ o:::a,
'Peh- /f.p -CO<;$'",,
Attn: Sherry Rea
Co-ordinator - Current Planning
Re:
OPA & ZSA Applications 001-16-002 and D0&-16·008
Part of Los 4 & 5, Concession 7, former Township of Emily
EcoVue Reference 14-1438
Dear Sherry,
We have had the opportunity to review the comments received at the public meeting and the written
objections from two residents.
Out of 13 surrounding neighbours. 8 are supportive (one with questions), 3 are neutral (one with
questions), and 2 have written in opposition. The diagram to the right (further explained in Appendix
A) shows each of the surrounding properties with the names the owners labeled. The names in
black are either in support of the applications or neutral. The names in blue are in opposition to the
applications. There has been a total of 19 support
letters written to the City of Kawartha Lakes trom
immediate neighbours, area residents, and tourism
operators.
Moreover,
several businesses have
provided the City with written testimonials of their
work experience with the applicants. (For details
see
APPENDIX A: Country Inn Support)
While the applicants appreciate the overwhelming
support for the applications, it is important to focus
on responding to the concerns raised by some
1esidents. We have attempted to summarize and
89
Response to Public Comments
Omemse Country Inn
April25, 2016
Page2
respond to each of those concerns below:
1.
Noise (& Lights) - Two neighbours (and two members of the Planning Committee), expressed
concerns regarding possible noise emanating from the proposed Country Inn facility during
events and functions (including music, voices, vehicles, etc.) travelling across the landscape
and disrupting the rural quality of life (albeit, one of the neighbours expressing concern supports
the applications).
Response:
•
Phase II of the Country Inn will be located at an elevation of 910 feet above sea level (a.s.l.).
There is a hill that peaks at an elevation of 288 metres {945 feet) a.s.l. between Phase II and the
dwelling located 860 metres (2,821 feet) to the south (owned by Mr. Ross). Mr. Ross's dwelling
is located at an elevation of 271 metres (890 feet} a.s.l. and is ostensibly "blocked" from the
Country Inn facility. There is also a hill that peaks at 299 metres (980 feet) a.s.l. between Phase
II and the dwelling owned by Mr. and Mrs. Denton, which is located 876 metres from the closest
part of the Inn facmty. Mr. and Mrs. Denton's dwelling is located at 289 metres (947 feet) a.s.l.
and is also "blocked" from the Country Inn facility.
•
In order to provide the perspective of someone living near a wedding venue such as the
proposed Country Inn, a letter from Shannon Brown and Steve Kyte has been included in
AppendJx
A
(#22).
The
letter
describes their experience living in
close proximity
to
the Nestleton
Waters Inn. Ms. Brown and Mr.
Kyte's home Is located 300 metres
from the main entrance of the
Nestleton
Waters
Inn
comparison, the nearest dwelling
(in
to
the proposed Country Inn is 750
metres).
•
The
applicants
have
operated
90
Omemee Country Inn
April 25, 2016
J··t.
Page3
Nestleton Waters Inn (NWI) since 2008 and have worked extensively with their neighbours to
implement best practices to mitigate sound and light impacts, including:
A. Specially engineered sound system- with built in ''limiter" to prevent operators of the Inn's
sound system to increase volume beyond acceptable levels
B. Any outdoor music can only be low volume and brief - Outdoor music may include, for
example, a jazz ensemble playing for a garden party, a harpist for a wedding ceremony, or
steel pan island music for a cocktail hour. The music performance has to move indoors for
the evening (i.e. by 6:30pm dinner hour), and any amplified louder volume performances
must only occur indoors
C. Time limits- inside music is then monitored in a controlled sound setting by an NWI trained
technician. All events hosted by the Inn must end by midnight at the latest, and staff circulate
to monitor and enforce rules of use. These rules are put in agreements and guests are
advised of the rules by emcees, and are posted in visible locations.
D. Landscaping features- the NWI is located within a forested area, with numerous hedges
and shrubs surrounding the primary buildings. The proposed Country Inn will utilize similar
landscaping features, including berms, hedgerows, and existing tree lines, in order to provide
natural, sound reducing buffers.
E. Lights turned off at events' end (i.e. fountains on pond set to a timer and turn off on their
own at night, all pathway lamps on a master switch and are turned off at events' end, main
floor of inn and event spaces closed and lights turned off at night and guests retire to their
suites and private areas only, no vehicles allowed to remain onsite except for overnight
guest parking, no fireworks permitted, etc.).
•
In addition the applicant must adhere to the City's Noise By-law, which specifically prohibits
music or loud noises between the hours of 12:00 am and 7:00 am. We believe there is no
specific evidence to s uggest that the presence of the Inn will be problematic from a "noise''
perspective.
91
Omemee Country Inn
April25, 2016
Page 4
•
The 40 hectare (1 00 acre) property (see #9 on diagram above) directly east of the subject
property is also being purchased by the applicants to ensure a large buffer between the facility
and adjacent residents, as well as to provide privacy for guests.
2.
Fire -One resident was concerned with fire starting at the site and spreading from the property
to other neighbouring properties.
Response:
•
The development will include suitable access for fire trucks and emergency vehicles in case of a
fire. The City of Kawartha Lakes Fire Department will comment on the Site Plans to ensure that
emergency access meets the proper standards. There are no uses or activities being introduced
on the site that are considered a serious or major fire hazard.
:3.
Natural Heritage - A letter from Randy Chamberlain and Donna Querengesser raised
concerns regarding possible impacts to nearby wetlands and the possibility of the property
being included as deer wintering habitat.
Response:
•
The proposed development will be taking place no less than 120 metres from the nearest natural
heritage feature on, or in the vicinity of the property. Local natural heritage features include the
Pigeon Lake No. 23 Provincially Significant Wetland (PSW} and several smaller wetland
pockets. An Environmental Impact Study was completed by a qualified biologist (Barry Snider)
and was reviewed by the Kawartha Region Conservation Authority {KRCA). The KRCA agreed
with the conclusions of the EIS, and have provided the City with a list of recommendations
based on the recommendations of the EIS. Furthermore, according to the EIS, the subject lands
are not considered part of a deer wintering yard. As noted in the attached letter from Mr. Snider,
the presence of deer on one's property during winter does not indicate that the property is a
"dee r wintering yard" (a deer wintering yard is identified through a list of characteristics outlined
in the MNRF's Selected Wildlife and Habitat Features: Inventory Manual). The KRCA concurs
with this assessment.
92
Omemee Country Inn
April 25, 2016
Page 5
4.
Views - Mr. Chamberlain and Ms. Querengesser also expressed concerns about the impacts of
the Country Inn on the view from their property.
Response:
•
Views from properties to other properties are not protected by any local or Provincial land use
planning policies, with the exception of policies in the City of Kawartha Lakes Official Plan
related to the protection of shoreline landscapes.
•
The applicants have provided further information regarding the view from Mr. Chamberlain and
Ms. Querengesser's property in Appendix B.
5.
Establishment of a Barn on the Bent Property - Mr. Tom Bent was concerned that the
establishment of the Country Inn would prevent him from constructing a barn for housing cattle
on his property, which is immediately north of the subject lands.
Response:
•
With the permission of Mr. and Mrs. Bent, the applicants retained Clark Consulting Services to
undertake a Minimum Distance Separation (MDS) II calculation to determine if a barn could be
constructed at the Bent's desired location. The letter (See Appendix C: "Bent's Bam") and
associated figure from Clark Consulting shows that the proposed Country Inn buildings will not
be within the proposed MDS setbacks and will not interfere with the construction of the Bent's
barn. This information has been presented personally by the applicants to Mr. and Mrs. Bent.
6.
Impact to Local Wells - Mr. Chamberlain and Ms. Querengesser raised concerns with the
impact the development may have on their well. The resident asked why his well had not been
tested as part of the assessment of impacts. Concern with the use of holding tanks on the
property was also a concern.
93
Omemee Country Inn
April 25, 20"1 6
PageS
Response:
•
As demonstrated in the hydrogeological study and Functional Servicing Report submitted in
support of the applications, the proposed water and sewage servicing on the property will not
impact wells in the area. The hydrogeology study sums up groundwater interference thusly
0/VSP, 2015):
Based on the absence of significant water users in the area, the relatively few wells
that are present in the area and their respective offset d;stances, the proximity to
the Pigeon River and the variation in soil conditions in the site area, significant
interference with existing local groundwater users and resources in the site area is
unlikely.
Further, recharge at the site due to infiltration is expected to be adequate to prevent
long term aquifer depletion. There are no significant water users ln the site area, or
reported takings in excess of 50,000 Ljsay. The proposed combined water taking of
Phase 1 and Phase 2 of the development will be 32,500 Uday, which will not
require a Permit to Talce Water (PTTW).
•
The hydrogeological study also states that holding tanks would be required in order to provide
sufficient water servicing in support of the proposed use. However, this requirement for
servicing is predicated on a single well providing water to the entire development. In reality,
there will be multiple wells that will provide water to the Country Inn. Since the applicants do not
own the property, only one well was drilled in order to ensure the least amount of disturbance
on the property. The assessment concluded that at a minimum, one well could provide enough
water for the development.
7.
"Objectivity" of Planning Analysis - The letter from Mr. Chamberlain and Ms. Querengesser
also states that the Planning JlJstification Report does not provide an "objective" review of the
proposal as the report's authors, EcoVue Consulting, composed the report "solely for the
applicants' benefir. Furthermore, writers of the letter ask that the City and other government
agencies "(objectively] review the EcoVue Planning Justification Report assessment of the
94
Response to Public Commenls
Omemee Country Inn
April 25, 2016
I
HI•
Page 7
appropriateness of location, scale, size, and density of the proposed development, and the
analysis of demand for a tourist commercial developmenr.
Response:
•
Mr. Chamberlain and Ms. Querengresser are correct that EcoVue was retained by the applicants
to provide a professional planning opinion with respect to the proposed Country Inn. As stated in
the Report, we examined the applicable land use planning policies that affect the subject
property in order to determine if the proposed land use is appropriate. We have concluded that
this particular use, on this particular property, is appropriate and represents good planning. We
stand by this independent assessment, as demonstrated with the signature and seal of the
Registered Professional Planner of the undersigned. This seal and signature indicate that the
professional planner writing the report is bound by the Code of Practice of the Ontario
Professional Planners Institute (OPPI). The OPPI Code of Practice requires that we provide an
"independent professional opinion" that is not subject to outside influences, including that of a
client. If the Country Inn use on the subject property was not appropriate, we would not have
provided the applicants with a positive report.
•
In addition, our work (and the work of the other sub-consultants) has been reviewed by the City
and oltler outside agencies, including KRCA. City staff concur with our assessment of the
planning rationale, as outlined in the submitted staff report. Other City departments and
circulated agencies have provided independent opinion on the development all have provided
"sign-off' on the applications.
95
Omemee Country Inn
April 25, 2016
Page B
We trust that this sufficiently addresses the concerns raised by some residents. If you have any
questions, please do not hesitate to contact the undersigned.
Yours sincerely,
ECOVUE CONSULTING SERVICES INC.
encl.
cc:
Erik and Deborah Kiezebrink, Nestleton Waters Inn
96
Omemee Country Inn
Apr1125, 2016
Page9
Appendix A: Public Comments
97
APPENDIX A
Country Inn Support Summary
Neighbor Support Diagram:
•
•
•
•
Names in Black show properties of neighbours who've written letters of support, or
who've expressed verbal support.
@ means neutral (Kiezebrinks have spoken with neighbours personally and discussed
any questions)
Names with* expressed support and concerns
Names in Blue in opposition.
7.Dzurka
(Note: Kiezebrinks visited neigbours on foot, providing personal invitations to Open House,
mailed 5000 flyers to community, and held Open House at Omemee Coronation Hall.)
Appendix A: Support Letters Summary for Proposed Country Inn (Omemee)
98
1
Support Letters Summary Contents
PAGE 2- Immediate Neighbors
(Out of 13 possible: 8 Supportive, 3 Neutral, only 2 Remain in Opposition)
PAGE 4- Area Residents {8 Support Letters written to COKL)
PAGE 8- Tourism Operator&. Business Support (4 Letters)
PAGE 9- Kiezebrinks' Closest Neighbor to Nestleton Waters Inn Testimonial
TOTAL - 19 Support Letters sent to COKL
Support Letters Summary: Immediate Neighbours
1. Karl 8r. Lois Stoldt (Inn Neighbour- 998 Ski Hill Rd)
"Att: Sherry Rae: We would like to offer our support for the rezoning of part lots 4@5,
concession 2, municipality of former township of Emily. We live at 998 ski hill road,
Omemee. It is just a few meters to the south of property in question. We feel the inn
will bring many benefits to our area. Sincerely, Kart and Lois Stoldt"
(Emailed to Sherry Rea) From: Karl stofdt karl.stoldt@hotmail.com Date: Feb 24, 2016
2:09PM
Also... "Att: Eric Kiezebrink, We are unable too attend the rezoning meeting this
evening, but we wanted too offer you our full support. We are looking forward too
having the development of your Inn, next door. Sincerely, Karl and Lois Stoldt"
(Emaifed Feb 24/16 to Kiezebrinks, forwarded to Sherry Rae)
2. Ryan & Pam McQuaid (Inn Neighbour/Attended Open House- 273 Mt. Nebo
Rd, RR#2)
"Hi Sherry. We are sending this email to express our support for the proposed Country
Inn on Ski Hill Road in Omemee. We had the privilege to attend a wedding at the
Nestleton Waters Inn B & B, which is also owned by the Kiezebrink family, and saw first
hand the exquisite beauty and charming atmosphere this business has to offer. The
event we attended was amazing, from the very professional staff, to the lavish
decorations and outstanding dinner. The guest rooms were also so unique and
welcoming. My understanding is the new Country Inn is going to operate in a similar
manner as the Nestleton Waters Inn. This will mean nothing but spectacular things for
the City of Kawartha Lakes in the form of new employment opportunities and a boost
to the local economy. We hope this project will be approved as it can only bring
amazing opportunities for the community and all of its future guests. Ryan&. Pam
McQuaid"
(Emailed Sherry Rea) From: McQuaid General Contracting Ltd. rpmcauald@symoatico.ca
Date: Wed, March 02, 2016 10:04 am
3. Shelly DuPuis (Inn Neighbour • 1055 Ski Hill Rd)
Erik Kiezebrink stopped by to visit with Shelly and to answer any questions she may
have, and to provide a copy of country inn proposal and invitation to open house. She
indicated to Erik that she has heard good things about Nestleton Waters Inn.
4. Glen Liston (Inn Neighbour- 1083 Ski Hill Rd)
"I am writing in regard to the development of the Country Inn located in Omemee. I
am the owner of the property directly west of the proposed site on Ski Hill Road. My
wife and I are very pleased to hear of this development and feel it will bring many
positive attributes such as jobs and tourists to our community. We give our full
support to the Kiezebrink family and look forward to seeing the stages of development.
Sincerely, Glen Linton"
(Emailed Sherry Rae) From: ca·tter farmer@hotma it.com Date: Sun, 6 Mar 2016
99
2
5. Erika Smith (Inn NeighborI Attended Public:: Meeting in Support of Inn - 209
Meadowview Rd)
"Just a message to let you know that I support the plans for the Country Inn proposal
in Omemee. I believe this will help support small businesses in this area which is much
needed as well as give some locals a chance for employment. I truly believe that the
Kiezebrinks will do everything in their power to work with the locals to make sure their
concerns will be addressed. Erika Smith, 209 Meadowview rd., Omemee, Ontario, 705
799-2435"
(Emailed Sherry Rae) From: madankesmith@gmail.c:om Date: Thur, 10 Mar 2016
6. David Ross (Inn NeighborI Attended Open House, Voiced Support of Inn at
Public:: Meeting- 185 Meadowview Rd, RR#2)
*While spoke in support of Country Inn at Public Meeting, David did ask about plans to
mitigate possible guest noise and visuals of lights at night. These concerns addressed
in EcoVue's Report. (In addition Erik Kiezebrink discussed these concerns in person
with David following meeting.) (Contact: 705 799-0956, no email)
7. Mark Dzurko (Inn NeighbourI Attended Open House, Emailed support after
hearing about Public:: Meeting from Neighbor Dave Ross who attended - 109
Meadowview Rd)
"Good Morning Erik and Deborah, My name is Mark Dzurko and along with my wife
Heather and our two young children, Addison (Jyrs) and Byron {lyr), Jive and hobby
farm on the 100 acres on the south side of Con. 2 Lot 4. We were unable to attend the
council meeting yesterday due to work schedules, but did receive an overview of the
proceedings from our neighbor Dave Ross. After hearing what Dave had to say and
discussions with my wife this morning, we want to let you know that we do not oppose
the development plans that you have for the propetty (and would of stated that if we
were in attendance at the council meeting). As a matter of fact, we think this is the
best case scenario for the property as sooner or later the property would be sold by
either Jules Sobrien or his family. I did attend the town hall meeting, but unfortunately
did not meet you folks at that time. You and Kent did a great job providing me with the
info that I needed to answer my questions. As ardent environmentalists, we greatly
respect and appreciate your desire to keep the pristine nature of the property, yet
create an inviting area for guests to attend. I would be lying if I said that I had no
concerns. We are aware of discussion topics our neighbors brought to council, but for
the most part they do not reflect the opinions of my wife and I. Any of our discussion
topics seem to have been addressed by our neighbor Dave so there is no real need to
bring those up. We truly do wish you the best of luck in your plans with the property
and look forward to what lies ahead. Sincerest Regards, Mark Dzurko"
(Emailed to Kiezebrinks and forwarded to Sherry Rae) From: Mark Dzurko
markdzurko1Croqmatl.com Date: Thu, March 10, 2016 8:56am
8. Tom and Marilyn Bent (Inn Neighboring Farm/Attended Open House, Voiced
concerns at Public:: Meeting*)
*Tom was unsure if the proposed inn would prevent his retiring on the farmland
adjacent to the country inn and erecting a home and a cattle barn. He was also
concerned that his farming operations might be regarded negatively by inn patrons.
The Kiezebrinks spoke to Tom & Marilyn following, contracted a study that confirmed
their retirement plans would not be impeded, and then invited the Bents to have coffee
and tour the Nestleton Waters Inn 1 gardens and farm, so they could view how the
Kiezebrinks operate on a farm property and around neighboring farms. (See Appendix
C for a full copy of this report.)
100
3
9. Jules a Frances Sobrian (Sellers of Property for Country Inn, Omemee
Residents, Attended Open House, Spoke in Support at Public Meeting)
"Dear Ms Rea, We attended the Kiesebrink's open house at Coronation Hall in Omemee
last evening and were very pleased and impressed with their plan for our property. We
believe their inn will contribute to the prosperity of the village and their presence will
enhance the value of the surrounding land. There will be no development done on the
wetland on the property and the plan for creating ponds will actually increase the
quantity and quality of the wildlife habitat. Thank you for your consideration. Yours
very truly, Jules & Frances Sobrian"
(Emailed Sherry Rae) From: jsobrian jsobrian lsobrlan@bell.net Date: Thu,
February 25, 2016 1:43pm
Erik & Deborah Kiezebrink (Inn Neighbors)
The Kiezebrinks have a conditional offer to buy a second piece of property directly
behind the proposed Country Inn property, so as to be their own closest neighbours,
and to provide a 3/4 of a kilometer buffer from the closest residence in any direction
from the proposed Country Inn. This second property is not being rezoned and does
not have any buildings on it. It will create a rustic vegetative buffer for both inn guests
and area neighbors. These undisturbed views are essential to the appeal of a Country
Inn's guests. Note: ironically this property will act as a buffer between the only two
residences who have expressed opposition to the proposed Country Inn, both of which
are 3f4 of a kilometer away.
Support Letters Summary: Area Residents
10. Vic Callan (Omemee Resident/Attended Open House -705-799-2324,404
Rita Court)
"I work for the City of Kawartha lakes, plowing, roadwork. I farm beef, 600 acres
approximately. I agree with all of this (country inn proposal) as this brings more people
to the community and it is a perfect property as its not farm Jand."
(Written up by an Omemee Open House volunteer as Vic doesn't have email, given to
Deborahjemalled to Sherry Rea) From: deborah@nwinn.com Date: Thu, February 25, 2016
6:21pm
11. Elizabeth Peeters (Omemee Resident/ Attended Open House, Spoke in
Support at Public Meeting)
"Dear Sherry, My husband, Peter and I are writing in support of the proposed Country
Inn project off Ski Hill Road. I have known the Kiezebrink family for almost forty years,
having grown up in the Blackstock area. They are a honest, hard working family who
have built the Nestleton Inn into a very successful wedding venue. The proposed
Country Inn project would offer opportunities for many local business vendors. The
Kiezebrinks have bolstered local vendors through their Nestleton Inn and the same
would be true at the Country Inn. The City of Kawartha Lakes has a shortage of
wedding venues where all aspects of the wedding can be held in the same
location. This project would offer this opportunity to wedding couples. The Kiezebrinks
are community minded citizens and I have no doubt, that if this project is approved,
they will be a wonderful asset to the Omemee area and the City of Kawartha Lakes as a
whole. Sincerely, Elizabeth Peeters, BA, MDiv, PhD, 541 Emily Park Road, Omemee,
ON, KOL 2WO 705-799-7064''
(Emailed Sherry Rae) From: cowsandcranto@sympatJco.ca Date: Tue, 1 Mar 2016
12. Claudia Kent (Kiezebrink Inn Local Business Partner Testimonial, Pontypool
Resident, Attended Open House & Public Meeting in Support)
Appendix A: Suppott Letters Summary for Proposed Country Inn (Omemee)
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"My name is Claudia Kent and I am a 40 year resident of City of Kawartha Lakes and a
local small business owner. We raised our three children in Pontypool, in the beauty
and serenity of a countryside we have come to love and respect. I sat on the Parent
Teacher Association at Grandview Public School and started the Breakfast Club Program
there. My husband Ross continues to sit on the School Council at Rolling Hills Public
School even though our children are grown. In fact our son Ryan, was the immediate
reason an elevator was put in at Rolling Hills. I tell you all of this so you understand the
investment and commitment my family has made in Manvers as our lifetime residence.
And we gladly give our support of the proposal the Kiezebrinks have made to build a
beautiful Country Inn in OMEMEE. I believe a Country Inn will be good for our
community for 6 reasons:
i. A Country Inn is a feeder for many local businesses (i.e. from: florists, bakers, limos,
decor, rentals, shuttle bus, harpists and other musicians, pastors, caterers, RMTs,
hair salons, makeup artists, to businesses like: gas stations, grocery stores, coffee
shops, restaurants, local attractions, farm fresh foods, chocolatiers, pizza, tree farm
favors, landscapers, snow removal, mechanics, the list goes on and on)
ii. Local service jobs for our youth in school is critical. Inns hire youth, stay-at-home
moms, single parent families and retired seniors for: serving, cleaning, guest check
in/care, maintaining grounds, laundry, facebook and social media support,
advertising, office work and administration, greeting guests, etc.
iii. A Country Inn supports our local tourism. We need places for people to stay when
visitors want to ski, enjoy equestrian activities, hike the Victoria Rail Trail, attend our
art galleries, studio tour, theatres, shop in our downtown, play golf, attend 4th line
Theatre. We also need places for our anniversaries, birthday or holiday parties,
graduations, retirements, retreats and get away weekends. A central place to
feature local artisan work means they don't need to leave us to find their
opportunities.
iv. My business, Bridal Path Weddings, has provided wedding coordination services to
Nestleton Waters Inn for the past 7 years. I have been able to seasonally hire 7
additional people to assist me, including a local student Helen who now works with
me full-time. A second location in OMEMEE will allow even more hires.
v. The owner, Deborah gets so many inquiries she refers business out. We've had
guests fly in from Korea, South Africa, California, Scotland, Israel, Thailand, UK and
many other places to come to this area to get married. (In fact our first wedding
couple flew in from China.) See their Trip Advisor reviews for how people feel about
their inn!
vi. Couples will often revisit the inn and community, after they're married to bring their
new baby, celebrate an anniversary or to have a group event for their business etc.
and will come back over and over.
In conclusion, if we are encouraging any economic growth in our community, a Country
Inn makes perfect sense. Are lodgings and gathering places not part of the growth we
are hoping for? I could not find one B&B online that's listed for 01'1EMEE! The
Kiezebrinks know how to make community family, supporting as many local small
business owners with their business as possible. They assist with fundraisers and give
to many charities ever year. Harry and Erika are/were retired teaching professionals
from Durham District School Board. SA Cawker Public School has chosen to reward one
student with the Harry Kiezebrink Humanitarian Award in Harry's honor. Erika is
happiest when she is in her kitchen cooking and baking. Erik, their son, is a quiet giant
who can do anything, gifted with the most envied talents of design and construction.
Deborah is one of the kindest and most brilliant women I have ever met.
I see this inn as a fabulous addition to our community with its spa services, extra
accommodation and employment. It will one day be the most idyllic retreat for your
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families, friends and colleagues, especially under the guidance and strength of the
Kiezebrink family whose focus on the environment, guest safety and perfect harmony
with nature is paramount. It will make you, as proud, as we already are.
Sincerely, Claudia Kent, W.P.I.C.C. (Owner, Bridal Path Weddings, Pontypool, ON)
(Emailed Feb 24/16 to Sherry Rea) C/audia@nwinn.com
13. Helen Hutcheon (Student from Pontypooi/Participated in Open House, Spoke
in Support at Public Meeting)
"I'm Helen Hutcheon. I have grown up and gone to school in the Kawartha Lakes and
Trillium Lakelands area and have lived here all of my life. I went to school at
Grandview, Rolling Hills and IE Weldon Secondary School. This is where my friends
and family are. I went to Fleming College in Peterborough because it was close to my
family's home in Pontypool but unfortunately my course was cancelled before I
received my Event Management diploma so I completed it at Durham College. I have
been fortunate to find full time work in the event and hospitality industry but there are
very few options for local students to find these types of positions. I worked
seasonally for Bridal Path Weddings at Nestleton Waters Inn and love it. Claudia has
been a mentor to me and her guidance has helped me. I Jove the positive energy I get
from her and the Kiezebrinks as well as taking care of guests, working in the hospitality
industry! The success of their B & B has allowed Claudia to hire me fulltime and I wish
this opportunity for other students and young people looking for work in our area. My
heart lies in this area and I am 110% in favour of the proposed Country Inn in
Omemee that the Kiezebrinks wish to build. The area needs it, students need it and
our local economy needs it. Thank you for listening.
(Emailed Sherry Rae) Date: Tue, 1 March 2016
14. Alex and Janet Klebnikoff (Bethany/Attended Open House in Support- 2192
Hillview Drive)
"Hello Sherry, My name is Alex Klebnikoff and I am a resident of Bethany, ON. My wife
Janet and I moved into a handsome home just over 3 years ago. At 2192 Hillview
drive, overlooking Devil's Elbow ski hill. We have thoroughly enjoyed our new life in the
\'Kawarthas" right from day one... And we continue to spend much of our spare time
exploring the area's lakes with our kayaks, riding the "rolling hills" on our road bikes,
trail Riding on mountain bikes, hiking with our dogs throughout the region, and
entertaining friends around the firepit. Our new home in cottage Country has truly
become a revelation .... But something that often comes up in conversations, especially
when inviting folks up to visit has been "where to stay?" overnight... or is there any
nice dining options close-by? ...... Especially at Devil's Elbow, where I am a volunteer
member of the Canadian Ski Patrol, and have many interactions with skiers or parents
of junior ski racers, who have often travelled from Toronto or well outside of Our area,
I constantly get asked about where to stay, or dine , or otherwise be entertained .. ?
Typically my wife and I will drive to Peterborough or Lindsay, or Port Perry, all of whom
have some enjoyable hospitality, however it is not always convenient to trek that 30-40
min away, or to ask guests To drive away yet again, after travelling a fair distance
already to see us ....... So if anything has been lacking from our local experience so far,
it has been the absence of Inns or Hotels or fine dining establishments close to
Bethany /Millbrook/ Omemee areas ........ As a matter of fact, our son is getting married
this fall, and we were scouting for the past several months for a quality venue ...when
we came upon a lovely establishment called The Nestleton Waters Inn , and had the
great pleasure to meet the owner, Deborah Kiezebrink. Clearly, Deborah and her family
& staff have a passion for what they do and have created a hidden treasure in
Nestleton ! ..... Ever since discovering their venue, we have repeatedly said it would be
wonderful to have an Inn or Lodge of that nature, right here close to the ski hill to
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improve the ambience during the ski season, not to mention having somewhere to
encourage people to spend time enjoying the picturesque fall colours, or to set up a
base accommodation when touring by bicycle groups or even when planning local
adventures by boaters or ATV riders etc .. A fine quality facility for the area to be proud
of when time To host a wedding or anniversary or important social or business event is
a prime factor in keeping people spending their money in our local Kawartha economy,
not to mention a potential multitude. of employment possibilities can be created as a
result. Thus, when we learned of the intention of the Kiezebrinks to undertake a
project to create a new Country Inn right here near us in Omemee, needless to say we
were ecstatic! Janet and I would heartily encourage everyone to support their exciting
undertaking with great enthusiasm. From what we have seen at their Nestleton site ,
Kawartha lakes would indeed be gaining a true gem if they have the chance to act
upon their vision of creating elegant hospitality within our beautiful natural setting.
Respectfully yours, Alex & Janet Klebnikoff"
(Emalled Sherry Rea) From: Janet Hanson theklebnil<offs@ yahoo.com Date: Thu, March
03, 2016 1:16am
15. Mark Ridout (Lindsay Resident, Lindsay BIA Member/Participated in Open
House/Kiezebrlnk Inn Local Business Partner)
"City of Kawartha Lakes Staff, Planning Committee, Council Members and Mayor:
As a business owner, Lindsay BIA Member and citizen of the City of Kawartha Lakes I
offer my support for approval of a Country Inn, as per the comprehensive plan
amendments and zoning change recommendations put forth by Eco Vue Consulting
Services, on behalf of the Kiezebrink family. The immediate and long lasting economic
impact of the land sale and redevelopment will be far reaching in the Omemee
community, City Of Kawartha Lakes and Northeastern Ontario. The recommendations,
when applied, will serve our community well. I thank the council of City Of Kawartha
lakes for the considering their application.
I have known the Kiezebrink family for over seven years and have photographed many
weddings and events at their nearby Nestleton Waters Inn during this time. Given I've
also had the opportunity to photograph weddings at venues around the globe including
France, England, Brasil, Jamaica, Cuba, Cayman Islands and throughout Canada, I can
say from a knowledgeable position that Nestleton Waters Inn is certainly a well
managed and preferred facility. The Kiezebrink family, and the team of local businesses
who's products and services they package for Nestleton guests to experience, not to
mention the care and meticulous approach to detail, is unsurpassed in the industry.
They will operate a world class country inn in the city of Kawartha lakes which will
strengthen our positioning in the tourism sector and offer a greater choice to those
contemplating the area. The spin off not only affects the wedding service providers, but
many other types of service providers who will serve the needs of country inn guests
whether they are coming for business, special events, sports, or pleasure! All country
inn guests will invest in the city and outlying areas before, during and after visits to the
inn. Mark Ridout Ridout Photography 48 Cambridg e Street South Llndsay Ontario
K9V3B8
(Emailed Sherry Rea) From: Mark Ridout mark@ridovtphotoqraohy.com Date: Wed,
March 2, 2016
16. Kelly Rakestrow-Grant and Aaron Huizinga (Omemee Cottagers,
Peterborough Residents, Attended Open House and Public Meeting in Support)
"H ello Ms. Sherry Rea, We would like to tell you that we think a Country Inn in
Omemee would be a great addition to the commun ity. We live in Peterborough, and
have a cottage at Beaver Narrows Trailer Park and Resort in Omemee, where we spend
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most of the summer with our five children. The trailer park has many events that we
invite our family and friends to participate in with us, but they can only come up for the
day, as there is nowhere close by for them to stay (with our large family we don't have
room for others to spend the night). We would love to have them come to the area for
the whole weekend, which would give us more time to browse through the little shops
in town. A Country Inn with a restaurant would also address the issue of the area
needing a family friendly place to eat. Please feel free to contact us if you have any
questions. Sincerely, Kelly Rakestrow-Grant and Aaron Huizinga krakestrow@yahoo.ca
705-243-7869"
(Ema;/ed Sherry Rea) From: Kelly Rakestraw krakestrow@yahoo.ca Date: Mon, February
29, 2016 3:44pm
17. Laura Hutcheon (Pontypool Resident, Past Manvers Skating Club President)
"Dear Sherry, I am writing this note as past President and a long time member of the
Manvers Skating Club located at Hwy 7A and Hwy 35. Over the years there has been
numerous instances where we were asked by Skate Canada to provide evidence of local
accommodations for their members. It was always a source of disappointment and
embarrassment for us to have to tell them that nothing existed closer than 30 minutes
away. As you can guess, all of our activities occur during the winter months and travel
in this area can be, at: best inconvenient and at worst treacherous. I would absolutely
support an effort to build an Inn. On a more personal level, we have a huge family and
often receive visitors from all over the world. We can accommodate some but not
usually all of the people who come to see us. We would just love to be able to have
something nice in the area for these people. Finally, as the parent of 4 children, it
would certainly enhance employment opportunities for our local youth. Thank you so
much for your time. Sincerely Laura Hutcheon 705-277-1285
(Emailed Sherry Rea) From: Laura Hutcheon d.hutcbeon@xolomet.com Date: Mon,
March 1, 2016
Support LetferJ Summary: Tourism Operators & Business Support
18. Kim DeTuliis (Tourism Operator- CFO/VP Bridgestone Racing Academy,
Resident Pontypool)
"Hi Sherry- We own the Bridgestone Racing Academy { www .race2000.com) located at
Canadian Tire Motorsport Park (formerly Mosport Park). Our racing school has
individual public courses averaging about $1000 per day and corporate events from
$16690. One of our continued challenges is offering local executive quality lodging
accommodation options for our clients and thereby we would highly support the new
proposed Inn that will be built in OMEMEE by the Kiezebrinks family. Also being a
resident in nearby Pontypool, we also support the job opportunities this would provide
both in the building stage and then the operational stage. Thank you! Cheers, Kim -Kim Deluliis, CFO/Vice-President Bridgestone Racing Academy
Tel: 905.983.1114 Fax: 905.983.1004 <http ://www.Race2000.com/ >
(Emailed Mar 8!16 to Sherry Rea) From: Kim Deluliis klm@race2000.com Date: Tue,
March 08, 2016 10:42 am
19. Mike Stiell (Tourism Operator- Ontario Marketing Director, Treetop Trekking
Inc:.) "Dear Sherry, Treetop Trekking fully supports the development of new and unique
accommodation options in the Kawartha Lakes region. Accommodations are a strong supporting
factor in the local tourism industry and greatly benefit attractions like Treetop Trekking
Ganaraska by encouraging mulit-day visits to the area."
(Emailed Sherry Rea) From: Mike Stie/1- Treetop Trekking
mjke.stiell@treetootrekkinq.com Date: Fn~ March 04, 2016 12:54 pm
Appendix A: Support letters Summary for Proposed Country Inn (Omemee)
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20. Stephanie Tennant (Kiezebrink Inn Local Business Partner Testimonial)
"Hi Sherry, I have worked with Nestleton Waters Inn for a few years now and it has
been very evident to me how professional and personable the owners and staff are. We
have greatly enjoyed working hand in hand with their business to help brides get the
speclal day they have always dreamed of. Working with Nestleton Waters Inn and
receiving wedding referrals from them has made our business grow greatly. I support
them opening a country inn in Omemee and think it would be great for the city of
Kawartha Lakes bringing more customers to local businesses. I am a proud to be
working with Nestleton Waters Inn and am looking forward to working with them even
more. Stephanie Tennant Owner, Cakes By Stephanie, 88 Water St., Port Perry, ON L9L
1J2 905-982-8881
(Emailed to Sherry Rae) From: Stephanie Tennant tennant s@hotma;l.com Date: Tue,
March 08, 2016 12:33 pm
21. Danielle Oliveira (Kiezebrink Inn Local Business Partner Testimonial)
"Dear Sherry, I would like to send a Letter of Support for a Country Inn in
Omemee. Please accept this testimonial: "I support the Kiezebrink's proposal for a
Country Inn in Omemee. I am a small business owner In the Durham Region, and that
may seem insignificant in the grand scheme of things, but I am not alone. EVERY
vendor that has ever stepped foot on the Klezebrink's property, Nestleton Waters Inn,
was locally sourced ....... from local contractors to catering companies to florists to
decorators to staff members ....... they feel strongly about supporting local businesses
and local communities. If you add all of us together it creates a bigger picture that
cannot be denied. This principle will be reflected throughout the building and execution
of a Country Inn in Omemee which wilt benefit the community in many ways. The
Kiezebrink Family prides themselves on creating roots in the community they work in,
and believe strong relationships with local businesses and citizens is the key to a
successful business. A Country Inn in Omemee will also benefit the community when its
door open by offering services that are currently not available ..... tourism attractions
such as a spa, restaurant, trails etc will entice people to visit Omemee and increase
Tourism Revenue for many other local businesses. This Country Inn will also be a
source of employment for many local residents which will ultimately strengthen the
community. The Kiezebrink family will be on site every step of the way to ensure
everyone is happy and comfortable during the entire process ..... from guests to vendors
to neighbors ..... everyone will be treated with respect and warmth! " Kind Regards,
Danlelle Oliveira
(Emalled Sherry Rea) From: Oanlel/e Oliveira u_anielleo/ivejra(d)togets.cw Dale: Tlw,
March 03, 2016 12:40 pm
Support Letters Summary: Nestleton Waters Inn Neighbour
22 . Shannon Brown 8t Steve Kyte (Immediate Neighbours on 3440 Beacock Roild
at Kiezebrinks' Nestleton Waters Inn -Testimonial re: Sound 8t Farms)
"We support the Kiezebrinks' for a Country Inn. To whom it may concern: We built our
home on Beacock Rd 14 years ago. We were drawn to build here due to t he beautiful
scenery and warmth of neighbours.
Our Family has been neighbours with the Kiezebrinks for over 30 years. The
Kiezebrinks own and operate a 10 room B&B that Erik and his dad built together, and
have been open for over (7) years. We enjoy this scenic rura l area to live, and it is
perfect for our family for its agricultural value and quietness.
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9
Our home is only 300 metres from their doorstep, and taking into account how busy
they are with weddings, we can attest that the activity has in no way impacted our
quality of life, or area farms. In fact the Kiezebrinks own 93 acres most of which is
farmed, and its only their house in the bush by the pond that's used for the inn. Their
guests are attracted to the farm setting.
(Photo 1.: Nestleton Waters Inn
hand-built by Erik & Dad Harry.
Photo 2: shows property surrounded
by trees for privacy). The quality and
craftsmanship of the inn is impeccable to
none. A Country Inn by its nature appeals
to guests who seek solace, quietness, and a
change of scenery. Many of their guests
have travelled far to stay at this
establishment. We have had friends attend
the Inn for different functions and have
always heard positive comments.
The Kiezebrinks work hard to maintain the
privacy of the Inn for both their guests and
their neighbours. Since the Kiezebrinks love
trees, they've planted many including cedar
hedging etc. around any storage or parking
areas to protect views. We have never had
any issues with the guests staying at the
Inn, furthermore have never had any issues
associated with the inn or how it is run.
The inn is well maintained, organized and
run. They have their own parking lot for
guests, use designated driving services, bus pick up and drop off, portable parking
signage for events to direct traffic so they don't drive beyond their place up the road
unnecessarily, their events always end at midnight, and music is always kept to a
minimum during occasional outdoor tent functions in an effort to not disturb the
neighbours. The grounds are kept immaculate, and they assure no ecological
disturbances occur. The Kiezebrinks are very conscientious and gracious neighbours.
They have an annual party for the residents and friends of Rd. to host and meet and
great and address any questions or concerns that residents of Beacock Rd. may have.
We are writing in support of the inn and to attest that any functions or activities
occurring at the Inn have in no way impacted our quality of life or have caused us any
grief. It's actually gratifying to see such success occur to such a hardworking family.
Sincerely,
Shannon Brown & Steve Kyte, Beacock Road Neighbour, Nestleton, Cell: 905-242-0500
(Emailed to Sherry Rae) Mar 9, 2016 From: srkyte@yahoo.ca
107
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Omemee Country Inn
April 25. 2016
Page 10
Appendix B: Views from Chamberlain
Property
108
APPENDIX B
Clarification of Chamberlain's Views of Inn
A) DRONE SHOT FLYING OVER CHAMBERLAIN'S (MT. NEBO):
~
Trailer Site and Proposed Chamberlain Home (on 14 acres)
. 75km away Country Inn Estate (Proposed Phase 1)
.83km away Country Inn Lodge (Proposed Phase 2)
Separate vacant 100 acres Kiezebrinks also buying, as a privacy buffer
between inn and an
Screen Capture from Aerial Drone Video from Chamberlain's REMAX Real Estate Listing,
updated Apri/2016, MLS®# X3452591, 241 Mt. Nebo Rd, Kawartha Lakes, ON, KOL 2WO
h tto://caliramedia.com/241-mount-nebo-rd-unbrandedL
l!tto :llwww,remax.calon/kawodha-fakes·real·eswte/tJi1·241·mt· ·nebo-rd· nq·crea idl67670BS·Istf
( Ground Level Photo) Trees on brow of Mt. Nebo impede Chamberlain's views of lake.
(Photo Right) Kiezebrinks can plant trees right up the side of the hill of their buffer
property to fill in treeline and mitigate views of proposed inn to west.
Appendix B: Clarification of Chamberlain's Views of Proposed Country rnn
109
1
B) DRONE SHOT FLYING OVER NESTLETON WATERS INN:
Kiezebrinks
planted trees
(now mature)
which
completely
obscure three
storey inn
providing
buffer for
neighbours
and privacy
for guests.
(See
Appendix A
Testimonial
#22 from
closest inn
neighbour
just .3km
from inn.) Kiezebrink's B&B on 93 acres, 66 farmed, 22 untouched bush, and 5 acres for
inn. NWI building has 14 bedrooms (10 guest rooms, and 2 separate family apartments
with 4 more bedrooms), also spa room, inn office, guest lounge, and boardroom with
covered terraces viewing pond.
C) GOOGLE EARTH AERIAL VIEW showing Chamberlains in relation to inn
• Blue star is Chamberlain's proposed building site.
• Blue box outlines extra 100-acre vacant land Kiezebrinks buying as inn buffer
• Yellow outline shows property for proposed inn; boxes for inn phases 1 & 2.
Appendix B: Clarification of Chamberlain's Views of Proposed Country Inn
110
2
D) CHAMBERLAIN'S CURRENT PROXIMITY: 38 RESIDENCES
Chamberlain's current real estate listing for their property (241 Mount Nebo Road) is
described as valuable for its "million dollar mountain view", "short hop to golf courses, ski
slopes, Trent Severn Waterway, and the quaint charming Village of Omemee".
h tto: //ka warth a-wp ter frQnl-collages-homes-amHarJ(I ,_CQ!I!Lwo-con ten t/uploads/soldpress/pdf/X34 52591. pdf
All of their stated values would still be intact with the proposed inn. In fact the country inn
with it's two phase estate and lodge, would be in the valley at the base of Mount Nebo
just like most of the 38 residences which were already within the same circumference of
their property at the time they purchased it.
Inn Proximity ancl Buffe'*
Appendix B: Clarification of Chamberlain's Views of Proposed Country Inn
111
3
Omemee Country Inn
April 25, 2016
Page 11
Appendix C: Bent's Farm
112
Minimum Distance Separation
Report
Tom and Marilyn Bent
Part of Lot 5, Concession 3, Former Township of Emily
Prepared for:
EcoVue Consulting
Prepared by: Clark Consulting Services
52 John Street, Port Hope, Ontario, L 1A 2Z2,
Phone: 905.885.8023
113
Tom and Marilyn Bent
Part of Lot 5, Concession 3
Former Township of Emily
(705) 799-7545
March 22, 2016
Re:
Minimum Distance Separation II (MOSII) Calculation
CCS Project No. 3040
Dear Mr. and Mrs. Bent:
Clark Consulting Services (CCS) was retained by EcoVue on behalf of their client to prepare this
Minimum Distance Separation II (MOS II) calculation for the above captioned property to determine
if a barn could be constructed on your farm after the proposed country inn has been established on
the adjacent property. Based upon our knowledge of the property, the proposal and a review of
your farm and the potential barn location we have determined that the proposed country inn would
not limit the location proposed for the barn.
Possible Future Livestock Facility
When a farmer wishes to expand or establish a new livestock faciiity a review and establishment of
appropriate setbacks based upon MDS II are required. In this case you have indicated you may wish
to develop a barn on the property close to Ski Hill Road at an approximate distance of 330 metres
from the northern boundary of the country inn property.
We understand that you are considering a facility to house 25 beef cattle. MDS directs us to review
appropriate setbacks under MDS II using the class and number of animals for the calculation.
Tillable land is not a factor in the calculation.
In preparing the calculation we are asked to specify if the barn will be used to house shortkeepers,
backgrounders or feeders. Since we do not know which class is to be housed we have prepared
calculations for each of the three.
In preparing this letter, CCS has referred to the MDS Training Manual and the MDS Implementation
Guidelines as published by OMAFRA.
Site Visit
CCS made a site visit to the property during the original review for an agricultural impact
assessment. For the purposes of this review no further site visit has been made since it would not
add any pertinent information.
A concept sketch has been prepared using information from the Zoning Sketch for the country inn
proposed. Our sketch shows the 'Proposed Estate" in relation to the northern side lot line, the road
2
114
allowance running east and west and the agricultural property immediately to the north. We have
added the calculated MDS II setback distances and the preferred location for a future livestock barn
of the size suggested.
Type A or Type B
MDS Guidelines discusses the differences between Type A and Type B applications.
Type A uses are generally those of a lower density human habitation, industrial, agricultural or
recreational uses.
Type Buses are of a greater density human habitation or activity and generally include institutional
and commercial uses.
In this case the proposed development includes individual cottages which could be regarded as
Type A uses and a main estate with multiple guest rooms. This would be regarded as a Type B use
where the density of human activity is higher.
MDS II Calculations
Beef; Backgrounders; (7-12.5 months);
MDS setbacks from a barn with 25 backgrounder cattle is 103 m for a Type A, 206m for a Type B,
and 21 m to the nearest road allowance.
Beef; Feeders; (7-16 months};
MDS setbacks from a barn with 25 feeder cattle is 103 m for a Type A, 206m for a Type B, and 21
m to the nearest road allowance.
Beef; Shortkeepers (12.5-17.5 months)
MDS setbacks from a barn with 25 shortkeeper cattle is 112 m for a Type A, 223 m for a Type 8,
and 22 m to the nearest road allowance.
Applying the Setbacks
The positioning of a new barn housing 25 beef cattle should be at least set from existing residential
uses a minimum of the distances shown above, at the time of construction. For the purpose of this
report that includes the 'Cottages' and 'Proposed Estate' of the Omemee Inn as shown on the M DS
II Sketch. The barn should be set a minimum of 21 or 22 metres from the road allowance.
Summary
In reviewing the suggested future establishment of a beef cattle barn on farmland on your lands we
have studied MDS documents and mapping, and prepared calculations to provide appropriate
setback distances between the proposed development and a new beef barn.
MDS requires setbacks from side lot lines and the road allowance in addition to the setbacks from
the proposed inn. These setbacks are shown graphically as arcs on the MDS II Sketch attached to
this report.
115
Our MDS calculations have considered three different types of beef cattle and these result in 2
different setbacks. The distances are 103 to 112m for the Type A setbacks and 206 to 223m for the
Type B setbacks. Single residential dwellings are Type A uses and the Proposed Estate building is a
Type B use.
Permanent Manure Storage
Permanent manure storages are generally subject to the same setbacks as the associated livestock
bams.
If you have any comments or questions, please do not hesitate to contact us.
Sincerely,
Bob Clark, P.Eng., P.Ag., MCIP, RPP, OLE
Principal Planner
Attached:
- MDS Sketch
- MDS II Calculations
cc: EcoVue
4
116
-...........__
~
/
0
/
1 MOS II Sketch
Part Lot S, Concession 3, Former Emily Township
Ski Hill Road, Omemee,
•
1
f#0'
roposed Barn
Location
,s,
~I
=dCou•trvlnto _ Exil!ing Lot
§I
~/
E/
.£:/
M[)$'111\'Pe .A Setbacks
103 and 11~: fn
,•
,. /
O
. :•.,
..
0
·~
/_
··:
;
..
.
~
··:-
aac~qv.,.,ndet'S
and Feeder>
: ·
.'
.
MDS II"'YPe B Setbacks
Proposed P<111<ing A
Dr )f
Sepltc A-ea
117
MDSIFI'~pe &
Setbnk.Area.s
I
l
1
MDS 1.0.2
22-Mar-2016 11 :20
Page 1
Minimum Distance Separation II (MDS II) Report
File: MDS.mds
Application Date:
22-Mar-2016
File Number:
3040
Preparer Information
Hugh Stewart
Phone #1: 905.885.8023
Clarl< Consulting Services
52 John Street
Port Hope, ON, Canada L1A 2Z2
Email: hugh@clarkcs.com
Fax: 905.885.4785
Backgrounders
For possible future development of a Beef barn for 25 cattle
Contact Information
Tom Bent
Emily
Omemee, ON, Canada
Farm Location
Geotownship: EMILY
Concession: 3
Lot 5
Manure
Form
Solid
Existing
Type of livestock/Material
Beef: Backgrounders (7 -12.5 months); Yard/Barn
Manure/Material Storage Type:
Existing
NU
Total
Total
Estimated
Capacity
Capacity
NU
Bam Area
0
0.0
25
8.3
93 m•
V1. Solid, inside, bedded pack
Building Base Distance 'F' (A x 8 x C x D):
Storage Base Distance ·s·:
103 m (337 ft)
103 m (337 ft)
Factor A (Odour Potential): 0.8
Factor B (Nutrient Units}: 161
Factoi C (O;de;ly Expansion): U400
Factor D (Manure/Material Type): 0. 7
Total Nutrient Units: 8
Required
Description
Multiplier
Nearest neighbour's dwelling
1.0
Type A land uses
1.0
Type Bland uses
Bam
Selback
103m
337ft
103m
Actual
Bam
Selback
Required
Storage
Setback
103m
337ft
337ft
103m
337ft
2.0
206m
675ft
206m
675ft
Nearest lot line (side or rear)
0.1
10m
34ft
10m
34ft
Nearest road allowance
0.2
21m
21m
67ft
67ft
Actual
Storage
Setback
Date: _____________________
Signature of Preparer:
Hugh Stewart, Clarl< Consulting Services
NOll: TO THE USER·
rhe Ontan~ Min•stry at A.orir.l.llure. 1-ood S'ld Rurst Attaus (OMAFRA) has ceveloped tllrs software program 13r di3tnbut•on and uso wfth lhft r.Jrnirtlum Ct3ton~
Separation ("l;tOS) ro·mulae os. a pub•ic serv.ce to u.Jc•stlr.nno:~. oonsuua.-ts and :he gener:JI public. Tt.is vl'(r:o;iu•• •Jr 1hf': sonware: Ll•~h1n•~t~rtoy OMAFRA Will Je
c::~n$rdere1.1 t.., h<l the officiAl vcr~~on for .t1Jl).I<JS03 vr ~IC•JI<f(ifiS~ MOS. Ofi.'A!-=t-U\. rs. no! f$9pl)usibt" fc.r ~rror.s ch,tt to inac.t.ur3te or •ncJr.ect data or lnfonnniKJI\. •r.sra~tes
1n \:~leuiAuon; emu~ au.siuu ou\ ot moclifiC3hon or lhe .\Ciitware. or errors ,jnSing out ot incorrec.t.noutt.ng of data All data a'lo c.11cu.alions ~hollld [)e "erifittd l.lefore
3cl·ng on them
118
.(').~->
£-Y Ontario
MDS 1.0.2
22-Mar-2016 11:20
Page 2
File: MDS.mds
Feeders
For possible future development of a Beef bam for 25 cattle
Farm location
Contact Information
Tom Bent
Geotownship: EMILY
Concession: 3
Emily
Lot 5
Manure
Form
Type of llvestoct</Material
Existing
Capacity
Existing
Total
Total
NU
Capacity
NU
Estimated
Bam Area
Solid
Beef; Feeders (7 • 16 months}; Yard/Barn
0
0.0
25
8.3
105 m•
V1. Solid, inside, bedded pack
Building Base Distance 'F' (Ax B x C x D):
Storage Base Distance'S':
103 m (337 ft)
103 m (337 ft)
Required
Bam
Multiplier
Description
Factor B (Nutrient Units): 161
Factor C (Orderly Expansion) 1.1400
Factor D (Manure/Material Type): 0.7
Setback
103m
Actual
Bam
Setback
Required
Actual
Storage
Storage
Setback
Setback
337ft
103m
337ft
1.0
103m
337ft
103m
337ft
Type B land uses
2.0
206m
675ft
206m
675ft
0.1
10m
34ft
10m
34ft
0.2
21m
67 It
21m
67ft
1.0
Type A land uses
Date: - - - - - - - - Hugh Stewart, Clark Consulting Services
NOTE TO THe JSoFI:
Thr: Ontano Mini$11}' ot A~ncutturc, F"ooc a(!o Rurol Affatrs (Of\41\FRA) lla& devehtp~Lt nus sofl'.va:re progr.:.m tor :listfib·Jtion and use w·th :ha. MIJ\tmum D•st3nce
Separation (M05} Formui#IP. "'"' "p••hlu; ~P.I\Ih:~ ta ~uist fHtmflf"!:., consultanis, and the general plJIJiiC ThiS v~rslon nr tn~ softwart distribut~d by OMAF"RP. wi.l be
con.11dered to be the offic1al •..ersion for pui'J)OSe~ of e:.lculaling .'~OS. OMAfqA is n:Jl respons.io!e for tno•s due to n:.ftcl.r~tt or 1nconec:t I.Jattt or Jn•o,~uatton rrusl&M:~
in r..slculation; tiler:; a• ising out of modifi<:ation o11tle sottwate, or err:Jrs aostng o•.;t ;)f h\C.:OrT9Cl in~~.~tt1rg ol d!lla, 4JI d~ta and c.llcutations $hocld ba verif•ed before
acting on coem.
119
/'),:-.
t?ontario
MDS 1.0.2
22-Mar-2016 11 :20
Page3
File: MDS.mds
Shortkeepers
For possible future development of a Beef barn for 25 cattle
Farm location
Geotownship: EMILY
Contact Information
Tom Bent
Emily
Omemee, ON, Canada
Concession: 3
Lot: 5
Manure
Form
Type of Livestock/Material
Existing
Capacity
Existing
NU
Total
Capacity
Total
NU
Estimated
Bam Area
Solid
Beef; Shortkeepers (12.5 - 17.5 months)
0
0.0
25
12.5
151 ml
Building Base Distance 'F' (Ax B x
Storage Base Distance'S':
V1 . S<;>Jid, inside, bedded pack
c x D):
112m (367ft)
112m (367ft)
Factor B (Nutrient Units): 175
Factor C (0rder1y Expansion): 1.1400
Factor D (Manure/Material Type}: 0.7
Oesaiptlon
Required
Bam
Setback
Multiplier
Actual
Sam
Setback
Required
Adual
Storqe
Storage
Setback
SetbaGk
112m
1.0
112m
367 fl
Type A land uses
1.0
1~2 m
367ft
Type Bland uses
2.0
223m
733 fl
223m
0.1
11m
37ft
11m
37ft
0.2
22m
73ft
73 fl
367ft
367ft
1~2
m
733ft
22m
Date: - - - - -- - -Hugh Stewart, Clark Consulting Services
N:) IS TO THE
US~R ·
Tlu~ Ootano ,....,·nistry of ,\gricul• .. rc, F'onrlll!nd R•irel A1fe1rs (OMAFRA) ha.:s lfevelopM tnis :SO"twl'f.re progro9tn fo1 dlsvibution end.•se·•.....tth 11'\e Mi•·•mum Oislanr.e
Sepor3fon ·~t./.JS) •ormuldte ;!Sa oubrt: se,v•:.e ~o a.sS1$l ~anners, consol'.3nC.s. and tte peoer~l pu~llc. Th.IS •Jers•on uf lhe s:o(tware ~•stribule<l by- f}MAFRA wi.l l.n~
coostdcrcd lobe the officiaii/Crsio(l for purpo~es of c,atculal•f·O MDS~ OMAF'RA •S not rc!'.p~n!o:ibrc' for error-; due ':<1 1n.acr.ur~te o.• tl1co•recr d&ta or tnronna~iofl. mistakes
h r.-.l~lllttl•orr. P.ll\lr~ (fU..;Ifli,l fJU~ uf lfiOdirication nf the software, or errors 81'1$i..,g nLol '31 ioc'3rrecl in~vt1 ng of data Atl da<a Bnd catcvlstio11s ~houl:::l be verified before
acun~ ~fl
them
120
.r~
t-?ontario
APPENDIX"_
to
p___
..._
~A/::}6/h - 0&;1
KAWRRf~RIAKES
- ---
./)01 ~ 10 - (JX)
BY-LAW 2016 •
F=ILE NO.
j){)VJ -/{p -(XJ'8'
A BY-LAW TO AMEND THE CITY OF KAWARTHA LAKES OFFICIAL PLAN TO RE·
DESIGNATE LAND WITHIN THE CITY OF KAWARTHA LAKES
[File 001-16-002, Reports PLAN2016-014 and PLAN2016-032, respecting Part of Lots
4 and 5, Concession 2. geographic Township of Emily, now City of Kawartha Lakes SOBRIAN/KIEZEBRINK.]
Recitals:
1.
Sections 17 and 22 of the Planning Act, R.S.O. 1990, c. P.13, authorize Council to
consider the adoption of an amendment to an Official Plan.
2.
Council has received an application to amend the City of Kawartha Lakes Official
Plan to change the designation from the Rural designation to the Tourist
Commercial and Environmental Protection designations to permit a two (2)
phased "Country Inn" establishment on the land.
3.
4.
Council deems it appropriate to adopt Official Plan Amendment Number 21.
Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this
By-law 2016-**'*.
I Article 1:00
1.01
Official Plan Amendment Details
Property Affected: The Property affected by this By-law Is Identified as Part of
Lots 4 and 5. Concession 2, geographic Township of Emily, now City of
Kawartha Lakes.
1.02 Amendment: Amendment No. 21 to the City of Kawartha Lakes Official Plan,
attached hereto as Schedule 'A' and forming a part of this By-law is hereby
adopted.
IArticle 2:00
2.0 1
Effective Date
Force and Effect This By-law shall come into force and take effect on the date
it is finally passed, subject to the approval of the City of Kawartha Lakes in
accordance with the provisions of Section 17 and 22 of the Planning Act, R. S. 0.
1990, c. P.13.
By-law read a first, second and third time. and finally passed, this ••
2016.
Judy Cumns, City Clerk
Andy Letham, Mayor
121
day of May,
Schedule 'A' to By-law No. 2016-***
AMENDMENT NO. 21 TO THE OFFICIAl PLAN
FOR THE CITY OF KAWARTHA lAKES
PART A- THE PREAMBLE
A.
PURPOSE
The purpose of the Official Plan Amendment Is to change the land use
designations on Schedule 'A-3' of the City of Kawartha Lakes Official Plan on a
portion of the property from the Rural designation to the Tourist Commercial and
Environmental Protection designations. The land is also subject to an application
for Zoning By-law Amendment
The effect of the change is to permit a two (2) phased "Country Inn•
establishment on the property.
B.
LOCATION
The subject site has an area of approximately 58.7 hectares and is located on
the east side of Ski Hill Road, approximately 1.2 km south of Highway 7 and the
former VIllage of Omemee, in the geographic Township of Emily, now City of
Kawartha Lakes. The subject property is located In a rural area with large rural
parcels of land Including agricultural operations and rural residential uses. The
property is currently vacant and is within 120 m. of a Provincially Significant
Wetland.
The land is legaUy described as Part of Lots 4 and 5, Concession 2, geographic
Township of Emily, now City of Kawartha Lakes.
C.
BASIS
Council has enacted this official plan amendment In response to an application
submitted by EcoVue Consulting Servcles Inc. on behalf of Jules and Frances
Sobrian and Erika, Erikf and Deborah Kiezebrink to permit a two (2) phased
"Country Inn" establishment on the property. It is Intended that a special policy
be incorporated Into the amendment to permit a "Country Inn" facility defined as
follows:
"COUNTRY INN shall mean a public lodging or housing establishment in a rural
setting offering and providing accommodation and such additional services and
attention as are necessarily incidental to the use such as a restaurant, bar,
banquet hall, meeting and reception rooms, spa and recreational facilities.
Country Inns may also be used for social events or gatherings, (such as
weddings), and are permitted to obtain liquor licenses."
The land Is designated Rural and Environmental Protection on Schedule "A-3" of
the City of Kawartha Lakes Official Pian. The land is also subject to an
application for Zoning By-law Amendment.
The proposed development and amendment to the City of Kawartha Lakes
Official Plan are justified and represent good planning for the following reasons:
1. The proposed development conforms to relevant provincial policy
documents being the Growth Plan for the Greater Golden Horseshoe and
Is consistent with the 2014 Provincial Policy Statement.
2. The proposed development conforms to the goals and objectives of the
Tourist Commercial designation as set out in the City of Kawartha Lakes
Official Plan.
3. The proposed development conforms to the goals and objectives of the
Environmental Protection designation as set out in the City of Kawartha
Lakes Official Plan.
122
4. The site concept Is compatible and integrates well with the surTOunding
area.
5. The applicant has submitted the selected background reports as set out in
the Official Plan to demonstrate the appropriateness of the proposed
development with respect to servicing, traffic, agricultural impact and the
environment.
PART B ·THE AMENDMENT
D.
INTRODUCTORY STATEMENT
All of this part of the document entitled Part B • The Amendment, consisting of
the following Map 'A' and text constitutes Amendment No. 21 to the Official Plan
for the City of Kawartha Lakes.
E.
DETAILS OF THE AMENDMENT
1. The Official Plan for the City of Kawartha Lakes is amended to add the
following subsection.
26.5
SPECIAL PROVISIONS
a) On land designated Tourist Commercial and described as Part
of Lots 4 and 5, Concession 2, geographic Township of Emily, now
City of Kawartha Lakes, a Country Inn facility is permitted.
COUNTRY INN shall mean a public lodging or housing
establishment In a rural setting offering and providing
accommodation and such additional services and attention as are
necessarily incidental to the use such as a restaurant, bar, banquet
hall, meeting and reception rooms, spa and recreational facilities.
Country Inns may also be used for social events or gatherings,
(such as weddings), and are permitted to obtain liquor licenses.
2. Schedule 'A-3' of the City of Kawartha lakes Official Plan Is hereby
amended by changing the land use designation from the Rural
designation to the Tourist Commercial and Environmental Protection
designation, as shown on Map 'A' as 'LAND TO BE RE·DESIGNATED
TOURIST COMMERCIAL and ENVIRONMENTAL PROTECTION' .
F.
IMPLEMENTATION AND INTERPRETATION
The implementation and interpretation of this amendment shall be in accordance
with the relevant policies of the Official Plan.
123
KAWARTHA LAKES
Map 'A' to Amendment No. 21
to the City of Kawartha Lakes Official Plan
1-
0memee
~
Con3
(\')
l;;j
Mil/Pond
~
'------~
0
~
(unopened)
Con2
(unopened)
Geographic Township of Emily
Lot 4
Lot 3
Lot 5
LAND USE DESIGNATIONS
~
TOURIST COMMERCIAL
D
ENVIRONMENTAL PROTECTION
~
RURAL
124
Lot 6
-
t-
APPENDIX·- - --
to
PLA"-I.;b1&- 03~
THE CORPORATION OF THE CITY OF KA~~p\~K
-...;;,;;E~
S_ __
BY-LAW 2016-
FILE NO.
Dof- tt,. - ~
OOb - f 0- a::>~
A BY-LAW TO AMEND THE TOWNSHIP OF EMILY ZONING BY-LAW NO. 1996-30
TO REZONE LAND WITHIN THE CITY OF KAWARTHA LAKES
[File 006-16-008, Reports PLAN2016-014 and PLAN2016-032 respecting Part l ots 4
and 5, Concession 2, geographic Township of Emily and being vacant land on Ski Hill
Road, SOBRIAN/KIEZEBRINK)
Recitals:
to determine the appropriate
1.
Section 34 of the Planning Act authorizes Council
2.
Council has received an application to amend the categories and provisions
relating to a specific parcel of land to permit a two (2) phase "Country Inn" on the
property.
3.
4.
Council deems it appropriate to rezone the Property.
Accordingly, the Council of The Corporation of the City of Kawartha Lakes
l ] iction 1:00 Zonlng _D....:;e-=-=
ta'-il.:..
s _ _ _ __ _ _ _ _ _ _ _ _ ,_ _ _ _ __,
1.01
Property Affected: The Property affected by this by-law is described as the
Part Lots 4 and 5, Concession 2 , geographic Township of Emily, City of
Kawartha l akes, being vacant land on Ski Hill Road.
1.02
Textual Amendment: By-law No. 1996-30 of the Township of Emily be further
amended to add the following section to Section 16.3:
16.3.2
RECREATION COMMERCIAL EXCEPTION 1WO (C3-2) ZONE
Notwithstanding the permitted uses in subsection 16.1.1. land zoned "C3-2"
shall only be used for a Country Inn as defined herein:
"COUNTRY INN means shall mean a public lodging or housing establishment
in a rural setting offering and providing accommodation and such additional
services and attention as are necessarily Incidental to the use such as a
restaurant, bar, banquet hall, meeting and reception rooms, spa and
recreational facilities. Country Inns may also be used for social events or
gatherings, (such as weddings), and are permitted to obtain liquor licenses."
On land zoned C3-2(H), the removal of the (H) shall be in accordance with
the following:
a.
1.03
The owner shall enter into a site plan agreement with the City
tor any development on the land.
Schedule Amendment: Schedule 'A' to By-law No. 1996-30 of the Township
of Emily is further amended to change the zone category from the Agricultural
(A1) Zone to the Recreation Commercial Exception Two Holding (C3-2)(H) and
Environmental Protection {EP) Zone for the land referred to as 'C3-2{H1 )', as
shown on Schedule 'A' attached to this By-law.
125
I Section 2:00 Effective Date
2.01
Effective Date: This By-law shall come into force and take effect on the date it
Is finally passed, subject to the provisions of Section 34 of the Planning Act.
By-law read a first, second and third time, and finall y passed, this •• day of May, 2016.
Andy Letham, Mayor
Judy Cunins, City Clerk
126
KAWARTH A LAKES
THIS IS SCHEDULE 'A' TO BY-LAW - - - - PASSED
THIS
DAY OF
2016.
CITY CLERK - - - - - -
MAYOR - - - - - -
I-
j
Omemee
Mill Pond
Con 3
0
(unopened)
(unopened)
Con 2
(unopened)
Lot 4
Lot 5
Geographic Township of Emily
127
Lot 6
Planning Committee Report
Date: May 11 , 2016
Time: 1:00 p.m.
Place: CounGil Chamber
Ward Community Identifier: 10
Subject:
An application for Site Plan Approval (D19-15-007) of a
proposed self-storage facility on a vacant industrial lot at 76
Walsh Road (MICHAEL AND JEFFERY FARQUHAR)
Author/Title: Mark LaHay, Planner II
Signature:
Recommendation:
RESOLVED THAT Report PLAN2016-036, respecting Part Lot 23, Concession
7, Registered Plan 621 , Lot 8, geographic Township of Ops, 76 Walsh Road,
Application D19-15-007, be received for information.
'7
Department Head:
128
~ ')~)
Report PL.AN20 16-036
Self-Storage Facility, 76 Walsh Road (Ops)
Page 2 of8
Background:
Proposal:
A site plan application to permit the development of a selfstorage facility comprised of 4 buildings, with an outside
storage area.
Owners:
Michael and Jeffery Farquhar
Legal Description: Part Lot 23, Concession 7, Reg istered Plan 621, Lot 8
Geographic Township of Ops
Official Plan:
"Industrial" in the City of Kawartha Lakes Official Plan
Zoning:
"General Industrial (M) Zone" in the Township of Ops Zoning
By-law 1993-30, as amended
Site Size:
2.23 ha. (5.52 ac.- MPAC)
Site Servicing:
No municipal services. There is an existing private well but
no san itary service. San itary services are not proposed.
Existing Uses:
Vacant land
Adjacent Uses:
North: Agricultural with residence
East: Agricultural without residence
South: Vacant Industrial/Industrial
West: Vacant Industrial/Industrial
Rationale:
The subject property is a vacant 2.23 ha. lot w ith in an industrial subdivision
located on the east side of CKL Road 36 (see Appendix 'A'). The respective
subdivision agreement is dated November 7, 1988. The Township of Ops Zoning
By-law 93-30 was approved on September 20, 1993, which is the current zoning
by-law in effect.
The proposal is to construct a warehouse and outside storage area on this lot.
The owners propose to construct four (4) self-storage buildings. Each storage
build ing will be approximately 502 sq. m. (5,400 sq . ft.) (see Appendix 'B'). The
north side yard area may also be utilized for outside storage. The property is
within the Lindsay Site Plan Control area. The site plan application was
received on October 9, 2015 and deemed complete for processing purposes on
October 26, 2015.
In accordance with Site Plan Control By-law 2016M069, the owner has appealed
to the Planning Committee (a copy was distributed with the agenda), to
consider the removal of specific decisions of the Director of Development
Services that relate to the approval of the subject Site Plan and cond itions
imposed as part of that approval. The five (5) items are:
1. The requirement for loading and parking spaces by the Ops Zoning Bytaw 93-30, sections 2.11 and 2.17.8
129
Report PLAN2016-036
Page 3 of8
2. The requirement for a minor variance for outdoor storage
3. The requirement for additional landscaping along the frontage of 76
Walsh Road, as required by the City's Site Plan Guide
4. The requirement for a Security Deposit for works on private property, as
required by the City's Site Plan Guide
5. The requirement to pay Development Charge fees established by By~law
2015-224; the applicable fees should be those established by By-law
2014~238.
In addition, the owner has requested that Planning Committee recommend to
Council that the applicable Development Charge fees under the 2014-238 Bylaw be paid at the time a Building Permit is issued for each building.
The five (5) items listed above are discussed in more detail later in this report
under the heading "Development Services- Planning Division Comments".
The application conforms to the Growth Plan for the Greater Golden Horseshoe
(Growth Plan) and is consistent with the 2014 Provincial Policy Statement.
The land is designated "Industrial" on Schedule 'A-3' of the City of Kawartha
Lakes Official Plan (OP) and is within the Urban Settlement Boundary of the
Town of Lindsay. Warehousing and indoor and outdoor storage establishments
are permitted. The proposed use conforms to the applicable policies of the OP.
The property is zoned "General Industrial (M) Zone" on Schedule "A" to the
Township of Ops Zoning By-law #93-30, which permits a range of industrial
permitted uses. Staff has determined that the proposed industrial use would be
classified as a warehouse, which is permitted in the "M" zone. This zone also
permits an equipment storage building, an open storage area accessory to an
"M" use, as well as a storage lot for recreational vehicles. The site plan
submitted with the application currently complies with the parking requirement
but not the loading requirement; however, the owner is seeking to reduce or
eliminate parking and loading requirements on site, which will require variances
from the Zoning By-law. Also, should the owner want to utilize the north side
yard for outdoor storage purposes, this wou ld also require a variance from the
zoning by-law.
Site Plan Control:
The property is within the Lindsay Site Plan Control area and therefore, site plan
approval is required prior to the issuance of a Building Permit and development
130
Report PLAN2016-036
Page4 of 8
of the subject land. That approval is contingent on a design that satisfies
applicable municipal requirements, including zoning requirements and the
requirements of any other authorities having jurisdiction.
No other alternatives have been taken into consideration.
There could be financial considerations for the City, if the application and/or the
conditions of site plan approval were to be appealed by the owners to the Ontario
Municipal Board. In the event of an appeal there could be costs for legal
representation and planning staff. Furthermore, should a Letter of Credit or other
performance security not be required , there may be financial implications to the
City if the owners default on their obligations under the Site Plan Agreement
and/or certain approved works and/or services were not completed or do not
function as designed and intended .
The Chief Building Official has advised that the financial implications of permitting
the collection of reduced development charges will impact the development
charge reserve fund. All exemptions granted, whether legislated or optional, are
still required to be made up by transfer of funds from another account within the
City's financial framework. Therefore by granting a reduction to allow the use of
the 2015 rate from by-law 2014-238 (coinciding with timing of the submission for
building permit), would for the first two buildings alone, amount to a deficit to the
development charge reserve fund of $36,722 .61 , to be made up from other
sources.
Relationship of Recommendation(s) To The 2016·2019 Strategic
Plan:
The Council Adopted Strategic Plan identifies these Strategic Goals:
•
•
•
A Vibrant and Growing Economy
This application aligns with the vibrant and growing economy as it promotes and
provides economic development opportunities.
Policy:
All applicable site and building accessibility matters will be addressed through
site plan approval. The Site Plan Agreement will address all external
accessibility requirements of the Building Code, if required . The site plan
131
Report PLAN2016-036
Self-Storage Facility, 76 Walsh Road {Ops)
Page 5 of8
application has been circulated to the City's Accessibility Advisory Committee for
comment.
Servicing Comments:
There is no municipal water or sanitary sewer servicing the subject land. A
private well exists; however, no private wastewater services are proposed at this
time. Section 22.3.3 of the City's Official Plan restricts industrial uses on private
services to ones that are dry and low water users. The proposed use is
considered a low water use.
Consultations:
Planning staff have circulated the submitted plans, documents and reports to
relevant departments and agencies for review and comment. Department and
agency staff have completed reviews of two (2) site plan submissions; and
comprehensive comments were provided to the owners dated December 2,
2015 and January 22, 2015. To date not all of the outstanding issues that were
identified with these comprehensive comments have been satisfactorily
addressed.
Development Services- Planning Division Comments:
The owners have requested that the five (5) items listed below, not be required
as part of the City's Site Plan Approval process. Following each item is the
response from the appropriate City staff.
1. The requirement for loading and parking spaces by the Ops Zoning Bylaw 93-30, sections 2.11 and 2.17.8.
The site plan approval process and associated Agreement cannot be used to
exempt a development from complying with the applicable provisions of the
Zoning By-law. The Site Plan Agreement, Section 3 sets out an
acknowledgment of and purpose for the development, and Section 6 sets out
conditions relating to permits and occupancy; all of which must comply with
applicable requirements of the Zoning By-law and Building Code.
With regard to parking and loading requirements, there is no specific
exemption for self-storage units; a use that is not defined in the Zoning Bylaw. Other municipalities have defined commercial self-storage uses and/or
established specific zoning requirements for these uses. As noted above, this
use is considered a warehouse, is permitted in the General Industrial (M)
Zone and there are parking and loading requirements for a warehouse use.
Staff acknowledges that the operation and function of self~storage units
demand a significantly reduced number of parking spaces than required for a
warehouse use. Earlier this year planning staff advised the owner that this
deficiency could be addressed by a minor variance application and that staff
132
Report PLAN2016-036
Page 6 of8
would support that application to reduce the number of required parking
spaces.
2. The requirement for a minor variance for outdoor storage.
The site plan approval process and associated Agreement cannot be used to
exempt a development from complying with the applicable provisions of the
Zoning By-law. If outdoor storage is contemplated in the north side yard
where parking spaces are currently illustrated on the Site Plan, then a
variance from Section 12.2 Open Storage Area Regulations of the Zoning
By-law is required- to permit open storage use in that location.
A side yard is defined as:
"A yard located between a side lot line and the nearest part of any
excavation or main building on the lot and extending for the full length of
such side lot line but excluding any front yard, exterior yard or rear yard."
Staff acknowledges that the location of this potential outdoor storage area
within the north side yard has a significant separation distance from the
residential dwelling on the abutting lot, which together with the required 3.0 m.
planting strip buffer provides more than adequate justification for the variance.
Earlier this year planning staff advised the owner that this deficiency could be
addressed by a minor variance application and that staff would support an
application for the multiple variances required, based on the current Site Plan.
3. The requirement for additional landscaping along the frontage of 76
Walsh Road, as required by the City's Site Plan Guide.
The intent of the landscaped strip is to enhance the road frontage area and
entrances to buildings and site and diminish the impact of the blank walls of
buildings and also act as a buffer/screen to lessen the visual impact of the
parking area. Staff have previously advised the owner that landscaping will
not be required further north; only along the established public road allowance
being part of the assumed public street (i.e. Walsh Road) in accordance with
the City's Site Plan Guide. The owner has not yet demonstrated that suitable
landscaping along the frontage to the north of the entrance cannot be
provided at the edge of the proposed 3.2 m strip or within a slightly wider strip
to accommodate plantings. Staff has also offered suggestions in terms of
how the landscaped strip could be accommodated, without necessitating
major changes to the site plan.
By-law 2016-069 is the Bylaw to establish Site Plan Control and Procedures
in the City of Kawartha Lakes and to delegate site plan control approval to the
Director of Development Services. Section 3.01 of this By-law states "that no
person shall undertake any development until they have provided the
information required by the City of Kawartha Lakes Site Plan Control Guide".
133
Report PLAN2016·036
Page 7 of 8
4. The requirement for a Security Deposit for works on private property, as
required by the City's Site Plan Guide.
Section 41 (7)(c) of the Planning Act gives Cou neil the authority to require the
owner to enter into an Agreement and through the Agreement to provide a
financial security to ensure satisfactory provision, timely completion and
ma inte na nee of the faci Iities, works or matters listed in Section 41 (7) (a) of the
Planning Act. These facilities generally include, but are not limited to,
landscaping, driveways, parking facilities , paving and curbing , walkways,
lighting facilities, garbage storage facilities, stormwater management facilities,
fencing, retaining walls and restoration of disturbed areas on City property
and/or other matters identified through the site plan review process.
Performance Securities are collected and administered through the Site Plan
Agreement. Sections 10 and 11 of the Agreement outline the requirements
for financial security and the return of such security upon the satisfactory
completion of the approved works.
Section 3.02 of the City's Site Plan Control By-law states that as a condition
of approval the owner shall enter into an agreement with the City to the
satisfaction of and at no expense to the municipality to ensure that a list of
items is provided . Section 3.03 of the City's Site Plan Control By-law
references that such agreement shall also provide that the various facilities
and works referred to within the agreement shall be maintained to the
satisfaction of the municipality and at the sole risk and expense of the owner,
including the removal of snow from access ramps and driveways, parking and
loading areas and walkways.
By-law 2016-069 requires the owner to provide the information set out in the
Site Plan Guide, which outlines the security deposit requirements. These
requirements are outlined in Appendix 'E' of the Guide, which stipulates the
percentages of security deposit that the City requires.
5. The requirement to pay Development Charge fees established by By-law
2015-224; the applicable fees should be those established by By-law
2014-238.
The Chief Building Official has provided the following information for th is
section . The following sections of the Development Charges Act are
applicable to this inquiry/request:
When development charge is payable:
26. (1) A development charge is payable for a development upon a building
permit being issued for the development unless the development charge bylaw provides otherwise under subsection (2). 1997, c. 27, s. 26 (1 ).
134
Report PLAN2016-036
Page 8 of8
Multiple phases:
.(.11} If a development consists of two or more phases that will not be
constructed concurrently and are anticipated to be completed in different
years, each phase of the development is deemed to be a separate
development for the purposes of this section. 2015, c. 26, s. 6.
As you can see in 26.(1) a DC charge is payable at time of permit issuance
and therefore the amount of the charge is the current rate at time of issuance.
In this case the permit would be issued in 2016 , or later depending upon
timing of approvals.
Further, in 26.(1.2) the charge levied for the future buildings within this project
are deemed separate development and would be determined based on the
date of issuance of those subsequent permits.
The 2014·238 By-law was repealed when the 2015·224 By-law was passed
by Council November 24, 2015, and therefore no longer holds validity to be
applied to any proposed projects. Mr. Farquhar's application for building
permit was not submitted until December 14, 2015, after the passing of Bylaw 2015-224.
Conclusion:
There are established Planning Act and By-law regulations and procedures
governing process as articulated in this report. If Council agrees with any of the
five requests , Staff requires the appropriate direction on each item from Council.
Attachments:
Appendix 'A'. pdf
Appendix 'B'.pdf
Appendix 'A'- Aerial Photo/Location Map
Appendix 'B'- Proposed Site Plan
Phone:
705-324-9411 ext. 1324 or 1-888-822-2225 ext. 1324
E-Mail:
mlahay@city.kawarthalakes.on .ca
Department Head:
Chris Marshall
Department File:
019-15-007
135
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Transcription

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