Planning Meeting 2015 01 14 agenda

The Corporation of the City of Kawartha Lakes
AGENDA
____________________________________________________________
PLANNING COMMITTEE
DATE: WEDNESDAY, JANUARY 14, 2015
OPEN SESSION COMMENCING AT 1:00 P.M.
COUNCIL CHAMBERS
CITY HALL
26 FRANCIS STREET, LINDSAY, ONTARIO, K9V 5R8
MEMBERS
Mayor
Councillor
Councillor
Councillor
Councillor
Councillor
Councillor
Andy Letham
Isaac Breadner
Brian S. Junkin
Gord Miller
Patrick O'Reilly
Heather Stauble
Emmett Yeo
MEETING # PC2015-01
1
1.0
CALL TO ORDER AND ADOPTION OF AGENDA
1.1
PC2015-01.1.1
Call the meeting to order - Mayor A. Letham
1.2
PC2015-01.1.2
Appointment of Chair and Vice Chair - Mayor A. Letham
1.3
PC2015-01.1.3
Introduction and Overview of Planning Committee - Staff
1.4
PC2015-01.1.4
Adoption of the Agenda
2.0
DECLARATIONS OF PECUNIARY INTEREST
3.0
PUBLIC MEETING
3.1
PLAN2015-001
4 - 12
Linda Russell, Planner II
An application to amend the Township of Emily Zoning By-law 1996-30 to change the
Highway Commercial Exception Five (C2-5) Zone to replace the current permitted uses
with a restaurant and farm produce establishment. The property is legally described as
562 Emily Park Road, Part of Lot 13, Concession 4, Geographic Township of Emily, now
in the City of Kawartha Lakes (KACZMAREK)
3.2
PLAN2015-002
13 - 23
2
Linda Russell, Planner II
An application to amend the Town of Lindsay Zoning By-law 2000-075 to rezone the
property from the Residential Two (R2) Zone to the Residential Three Special Fifteen
(R3-S15) Zone to recognize the existing duplex as a permitted use. The property is
legally described as 57 William Street South, Part of Lot 6, S Glenelg Street, former
Town of Lindsay, now City of Kawartha Lakes (DICKERSON)
3.3
PLAN2015-005
24 - 35
David Harding, Planner I
An application to amend the Township of Fenelon Zoning By-law 12-95 to rezone the
land from Restricted Industrial (M1) Zone and Restricted Industrial Exception Nine (M19) Zone to Future Residential Development (FCD) Zone on the property legally
described as Part of Lot 23, Conc. 9, RP 57R8353 Part 1 and Part 2, geographic
Township of Fenelon, now City of Kawartha Lakes (MG LEWIS LIMITED).
4.0
BUSINESS ARISING FROM PUBLIC MEETING
5.0
DEPUTATIONS
6.0
CORRESPONDENCE
7.0
CITY OF KAWARTHA LAKES REPORTS
7.1
PLAN2015-003
36 - 46
Doug Carroll, Manager of Planning
An application for a Certificate of Validation for land identified as 130 and 131 Maple
Avenue, Geographic Township of Bexley (WILLSONIA INDUSTRIES LTD.)
8.0
ADJOURNMENT
3
The Gorporation of the Gity of Kawartha Lakes
Planning Report
Report Number PLAN201 5-001
Date:
January 14,2015
1:00 p.m.
Time:
Council Chambers
Place:
Ward Gommunity ldentifier: 15
Subject: An application to amend the Township of Emily Zoning By-law 1996-30
to change the "Highway Commercial Exception Five (C2-5) Zone" to
replace the current permitted uses with a restaurant and farm produce
establishment. The property is legally described as 562 Emily Park
Road, Part of Lot 13, Conc. 4, Geographic Township of Emily, now in
the City of Kawartha Lakes (KACZMAREK).
Author: Linda Russell, Planner
ll
Signature:
Recommendation(s):
RESOLVED THAT Report PLAN2015-001, respecting Part of Lot 13, Conc. 4,
geographic Township of Emily, identified as 562 Emily Park Road, Application
D06-28-052, be received; and
THAT the application respecting the proposed 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 all circulated Agencies and City
Departments and that any comments and concerns, have been addressed.
Department Head:
Corporate Services Director / Othe
Chief Administrative Officer:
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Background:
Proposal: This application proposes to amend the Zoning By-law to replace the
current permitted uses to allow a restaurant and a farm produce
establishment.
Owner:
Robert and Hubert Kaczmarek
Legal Description
Part of Lot 13, Concession 4, geographic Township of Emily
Official Plan:
"Rural" and "Environmental Protection" with "Provincially
Significant Wetland", "Significant Woodlands", and "Deer
Wintering Area" in the City of Kawartha Lakes Official Plan
Zoning:
"Highway Commercial Exception Five (C2-5) Zone",
Agricultural (A1) Zone" and "Environmental Protection (EP)
Zone" in the Township of Emily Zoning By-law 1996-30.
Site Size:
Total Area: 18.4ha.
Affected Portion of Site: 0.55 ha.
Existing Uses:
The arca subject to the zoning amendment contains a
portable style building that was previously used as a sales
office. The balance of the land contains a single detached
dwelling, detached garage, barn, and a workshop.
Adjacent Uses:
Agricultural and rural residential uses, with Emily Provincial
Park to the north and the Trans Canada Trailto the south.
Rationale:
The property is Ídentified as 562 Emily Park Road, on the east of Emily Park
Road in the geographic Township of Emily (see Appendix'A') and the existing
driveway to the property will be used for access. A copy of the sketch plan is
attached as Appendix "B" to this report.
Given that the current zoning does not permit the proposed uses, the zoning
needs to be amended to:
1. Permit a restaurant and farm produce outlet
2. Amend the Definition sectíon to include "farm produce
outlet".
Supoortinq Documents
The applicant has submitted the following report and survey plan in support of
the application, which has been circulated on November 17,2014 to various City
Departments and commenting agencies for review.
1.
Planning Justification report prepared by EcoVue Consulting dated
October 21,2014. The report discusses the need and rationale for the
proposed rezoning and reviews it in the context of provincial and City
land use policies; and,
2.
Environmental lmpact Statement prepared by Snider's Ecological
Services, dated October 21, 2014.
5
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3
Lot Grading and Drainage Plan and Review, prepared by Engage
Engineering
4
Well Investigation Report, prepared by WSP Canada lnc., dated
September 11,2014.
5
Sewage System Use Permit, from the Health Unit, dated May 31,
2013.
of6
Provincial Policies:
Growth Plan for the Greater Golden Horseshoe (Growth Plan):
The subject property is not located within a settlement area as defined in the
Growth Plan. Section 2.2.2.1(i) states that development should be directed to
settlement areas, except where necessary for development related to the
management or use of resources, resource-based recreational activities and
rural land uses that cannot be located in settlement areas. The application
conforms to the Growth Plan in that it does not create an area of settlement and
does not detract from nor disrupt agricultural uses. MDS calculations are not
applicable, as the current zone permits commercial uses.
The proposed development is a resource-based commercial use that depends on
tourists and the travelling public. The rural setting provides opportunity for rural
residents and seasonal tourists to purchase localfruits and vegetables, or have a
sit down meal.
Provincial Policy Statement (PPS):
The Provincial Policy Statement provides for appropriate development while
protecting resources of provincial interest, public health and safety, and the
quality of the natural environment. The application is consistent with the PPS, as
prescribed in the following sections:
Section 1 .1.5.2 states that permitted uses and activities shall relate to the
management or use of resources, resource-based recreational activities, limited
resídential development and other rural land uses. As previously noted, the
proposed farm produce stand is a resource-based use that depends on a rural
setting. Specifically, the farm produce stand provides a venue for local farmers
to sell their goods.
Section 1.1.5.3 provides that recreational, tourism and other economic
opportuníties should be promoted. The proposed restaurant will provide a
service to the seasonaltourists as well as permanent rural residents.
Section 2.1 Wise Use and Management of Resources - Natural Heritage has
been addressed. An Environmental lmpact Study determined that the Potash
Creek Wetland, a Provincially Significant Wetland, is outside of the area affected
by the proposed development. lt is recommended that a 10 meter buffer be
placed around the wetland, to protect from development. ln addition, there were
no threatened or endangered species found to be associated with area affected
by the proposed development.
6
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Page 4 of 6
Official Plan:
The property is designated "Rural", "Environmental Protection" with "Provincially
Significant Wetland", "Significant Woodlands", and "significant Wildlife Habitat" in
the City of Kawartha Lakes Official Plan.
The developed portion of the property is located in the Rural desígnation. The
proposed use is not permitted in the Rural designation. However, Section 15.3.8
of the Official Plan permits existing commercial uses to be rezoned to recognize
a similar use, provided that the use:
a) Will have no adverse effects upon surrounding uses;
b) Will comply with the Minimum Distance Separation criteria;
c) Any expansion will be minor in size
The proposed rezoning application generally conforms to the policies of the
Official Plan.
Zoning By-Law:
The portion of the property that is subject to the amendment is currently zoned
"Highway Commercial Exception Five (C2-5) Zone", in the Township of Emily
Zoning By-law 1996-30. This zone permits the following uses:
(a)
(b)
(c)
(d)
retail sales and service of mobile camper trailers, truck
campers, tourist trailers, motor homes and mobile homes
Boat and marine equipment sales and service
Farm equipment sales and service
Retail sales within wholly enclosed buildings of accessories
for the vehicles and equipment identified above.
This amendment will not require an amendment to the zoning schedule, but
rather a textual amendment to replace the current permitted uses with the
following permitted uses:
(a)
(b)
Restaurant
Farm Produce Establishment
In addition, the definition section of the By-law must be amended to include:
'FARM PRODUCE ESTABLISHMENT''
refers to the retail sale of agricultural products, including meat and poultry
products, fresh baked goods, preserves, and related sundry food items.
The proposed introduction of a restaurant and farm stand is compatible with the
surrounding uses.
Other Alternatives Gonsidered:
No other alternatives have been considered
7
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Page 5 of 6
Financial Gonsiderat¡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
recovered from the applícant.
Relationship of Recommendations To Strateg¡c Priorities:
This application does not specifically align with any of the Strategic Priorities
Review of Accessibility lmplications of Any Development or
Policy:
The proposal has no implications on accessibility issues.
Servicing Comments:
-
Public Works WaterMastewater has no concerns as the property would be
serviced with private well and septic
The Building Division are unable to support the amendment at this time as the
existing on-site sewage disposal system cannot accommodate the proposed total
daily sewage flows that will be generated by the new uses proposed for the
property. The applicant is revising submíssions to ensure adequate sewage
system capacity for the proposal.
Consultations:
Pub lic Comments
Notice of this application was circulated to all properties within 500 metres,
agencies, and City Departments which may have an interest in the proposed
application. No written inquiries or comments have been received from the
public at the writing of this report.
Agencv Review Comments
The application was recirculated to all relevant agencies for review. To date we
received the following comments.
The Community Services Department has no comments or concerns with respect
to the application.
The Public Works department has reviewed the file and has no comment.
The Peterborough Victoria Northumberland and Clarington Catholic
District
School Board have no comments.
Alderville First Nation advised that the proposal does not fall within their
Traditional or Treaty.
8
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Page 6 of 6
Development Services
-
Planning Division Gomments:
ln support of the application to amend the Zoning By-law, the applicant submitted
an Environmental lmpact Study (ElS) prepared by Snider's Ecological Services,
dated October 21,2014, which concluded the proposed rezoning will not result in
a loss of wetland or impact on the natural features and functions of the
Provincially Significant Wetland (PSW). The EIS was circulated to the Kawartha
Region Conservation Authority (KRCA) for technical review and comment. As of
the date of completion of this report, comments were outstanding.
Conclusions:
The application has been reviewed in consideration of comments from the
circulated agencies, relevant provincial policies, the City of Kawartha Lakes
Official Plan, and the Township of Emily Zoning By-law. ln consideration of the
comments contained in this report, Staff respectfully recommends that the
proposed rezoning application be referred back to staff.
Attachments:
Appendix
El-
"A'-
Location Map
Þ
Appendix A Location Map.pdf
Appendix
uB"
-
Sketch
-
Existing Zoning Map
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Appendix B - SIte
Plan Sketch. pdf
Appendix
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Appendix'C'Township
of Enily Zor
Phone:
705-324-9411 or 1-888-822-2225 ext. 1367
E-Mail:
I
Department Head:
Ron Taylor
Department File:
D06-28-052
russel l@city. kawa rtha la kes. on. ca
9
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The Gorporation of the City of Kawartha Lakes
Planning Report
Report Number PLAN201 5-002
Date: January 14,2015
Time: 1:00 p.m.
Place: Council Chambers
Ward Community ldentifier: 12
Subject: An application to amend the Town of Lindsay Zoning By-law 2000-075
to rezone the property from the "Residential Two (R2) Zone", to the
"Residential Three Special Fifteen (R3-S15) Zone", to recognize the
existing duplex as a permitted use. The property is legally described
as 57 William Street South, Part of Lot 6, S Glenelg Street, former
Town of Lindsay, now City of Kawartha Lakes. (DICKERSON)
Author/Title: Linda Russell, Planner
ll
Signature:
Recommendation(s):
RESOLVED THAT Report PLAN2015-002, respecting Part of Lot 6, S Glenelg
Street, former Town of Lindsay, identified as 57 William Street South, Application
D06-1 8-1 43, be received;
THAT the proposed rezoning application, D06-1 8-143, substantially in the form
attached as Appendix 'C' to Report PLAN2015-002, 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 / Other:
Chief Adm i nistrative Officer:
13
Report PLAN2015-002
57 William Street South (Dickerson)
Page 2 of 6
Background:
The proposal is to amend the zone category to recognize the existing use of the
property. No development is proposed for this property.
Owner:
Craig and Norma Dickerson
Applicant:
Herman Wimmelbacher, Coe Fisher Cameron
Legal
Description:
Part of Lot 6, South Glenelg Street
57 William Street South, former Town of Lindsay
Official Plan:
Designated Resrdential on Schedule 'A' in the Town of Lindsay
Official Plan.
Zone:
"Residential Two (R2) Zone" in the Town of Lindsay Zoning Bylaw No. 2000-75.
Lot Area:
52O.7 sq. m.
Site Servicing:
Full urban services water, sanitary sewer, storm
sewer,
streetlights, curb and gutter.
Existing Use:
Duplex
Adjacent Uses North: Single Family Residential
East: Bethel Missionary Church
South: Multi-residential
West: Residential- row house
Rationale:
The subject land is located in Lindsay on the east side of William Street South,
between Glenelg St. W. and Melbourne Street W. The property was purchased
by the current owners in 1992 and has been used for student housing at least
since then. The property is developed with a single detached dwelling and a
frame shed used for storage. The house is comprised of two (2) separate selfcontained units, and is defined as a duplex which is not permitted in the current
zone category. As such, the zoning needs to be amended to:
1.
Recognize the historic use of the property
2.
Recognize the current deficient side setback for the main building and
the deficient rear yard setback for the accessory building.
The applicant has submitted a survey plan prepared by Coe, Fisher, Cameron
Ontario Land Surveyors, dated September 30,2014, which has been circulated
to various City departments and commenting agencies for review.
14
Report PLAN2015-002
57 William Street South (Dickerson)
Page 3 of 6
Applicable Provincial Policies:
Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The lands are identified as being in a Seff/ement Areain the Growth Plan forthe
Greater Golden Horseshoe 2006 (Growth Plan). Section 2.2.2 Managing Growth
policies states that population and employment growth will be accommodated by
directing development to settlement areas, and encouraging cities and towns to
develop as complete communities with a diverse mix of land uses, a range and
mix of employment and housing types, high quality public open space and easy
access to local stores and services. The application conforms to the Growth
Plan in that it serves to permit a variety of housing options in Lindsay.
Provincial Policy Statement (PPS):
The Provincial Policy Statement provides that settlement areas shall be the focus
of growth and development, and their vitality and regeneration shall be promoted.
Planning authorities shall identify appropriate locations and promote
opportunities
for
intensification
and redevelopment where this can
be
accommodated taking into account existing building stock or areas.
The PPS encourages intensification and redevelopment in settlement areas with
full urban services. The proposed development supports these policies.
OFFICIAL PLAN CONFORMITY:
Since the Urban Settlement policies contained in the City of Kawartha Lakes
Official Plan have been appealed to the Ontario Municipal Board, the application
is subject to the Town of Lindsay Official Plan (LOP).
The subject land is designated Resrdentialin the LOP. Within the Residential
designation there shall be three densities of development. Low density
residential uses shall include duplex dwellings and similar low-profile residential
buildings not exceeding 2.5 storeys in height, and two (2) dwelling units per
property.
This application conforms to the Lindsay Official Plan policies
ZONING BY.LAW COMPLIANCE
The subject land is zoned "Residential Two (R2) zone" in the Town of Lindsay
Zoning By-law #2000-75. As the existing duplex is not permitted within this zone,
the applicant submitted a rezoning application for consideration.
15
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The use is permitted in the "Residential Three (R3) zone", however, an exception
is required to address deficient development standards required by the R3 zone.
More specifically, the application seeks to acknowledge the following:
i)
Minimum lot frontage:
ii) Minimum front yard setback:
iii) Minimum interior side yard setback:
15.17 m.
6.37 m.
0.66 m.
(required 16 m.)
(required 7.5 m.)
(required 1.25 m.)
The R3 zone permits a mix low density dwelling uses including single, semidetached, and duplex dwellings. The proposed amendment is compatible with
the surrounding uses as the use has existed for many years. The by-law
requires four (4) parking spaces, which are currently accommodated on-site.
No change to the existing building is contemplated at this time.
DEVELOPMENT SERVICES . PLANNING DIVISION COMMENTS:
The application conforms to the Growth Plan for the Greater Golden Horseshoe
and is consistent with the Provincial Policy Statement. The application also
conforms to the relevant provisions of the Town of Lindsay Official Plan. The
application maintains the established character of the area. Staff supports the
application based on the information contained within this report and the
comments received at the time of report completion. Staff respectfully
recommends that this application be referred to Council for APPROVAL.
Other Alternatives Gonsidered
:
No other alternatives were considered at this time
Financial Gonsiderations:
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. ln the event of an appeal, there would be costs, some of which would be
recovered from the applicant.
Relationship of Recommendation(s) To Strateg¡c Priorities:
This application does not directly impact or align with a specific Strategic Priority.
Review of Accessibility lmplications of Any Development or
Policy:
There are no accessíbility implications for the City.
16
Report PLAN2015-002
57 William Street South (Dickerson)
Page 5 of 6
Servicing Comments:
This site is serviced by municipal water and sanitary sewers. There are no
servic¡ng issues at this time.
Consultations:
Public Comments
Notice of this application was circulated to the prescribed persons within a 120
metre radius, agencies, and City Departments which may have an interest in the
proposed application. Public Meeting notification signage was installed by the
City's sign company. No issues were raised as a result of circulation.
Aqencv Review Comments
Public Works
- WaterMastewater
has no comment
The Engineering Division has provided that exemption from the Mandatory
Connection By-law is required. The applicants submitted a formal request on
December 5,2014 and are working through this process.
Building Division has no concerns with the application
The Peterborough Victoria Northumberland and Clarington Catholic District
School has no comments.
Land Management has commented that the timber retaining wall currently
encroaching onto the City's road allowance, should be removed. Alternatively,
the owner could apply for license agreement to acknowledge the encroachment.
Attachments:
Appendix
"A'-
Location Map
Elþ-
Location Map.pdf
Appendix "8"
-
Surveyors Sketch
@l-
Þ
Appendix B PL4N2015-002. pdf
Appendix
uC'- Proposed By-law
17
Report PLAN2015-002
57 William Street South (Dickerson)
Page 6 of 6
ElÞ
Zoning By-law 2015
-.pdf
Appendix
"D'-
photos of 57 William Street South
Phone: 705-324-9411 or 1-888-822-2225 ext. 1367
E-Mai I : lrussell@city. kawarthalakes.on. ca
Department Head: Ron Taylor
Department File: D06-1
8-1
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THE CORPORATION OF THE CITY OF KAWARTHA LAKES
to
TO REZONE LAN D WITHIN THE
ctw OF KAWARTHA
[File D06-18-143, Report PLAN2O1s-002, respecting part of Lot 6,
identified as 57 Wittiam Street South - DTCKERSON]
LAKES
s Gtenetg street,
Recitals:
1'
2.
Section 34 of the Planning.Acf authorizes Council to determine the appropriate
zoning categories and provisions assigned to land.
council has received an application to amend the category and provisions
relating to a specific parcel of land to recognize the exiðting use of the property as
a duplex.
3.
4.
A public meeting to solicit public input has been held.
Council deems it appropriate to rezone the property.
Accordingly, the council of rhe corporation of the city of Kawartha Lakes
enacts this By-law 2015--.
Section 1:00
Details
1.01 Plopertv Affected:
The property affected by this by-law is described as part
of Lot 6, s Glenelg street, former Town of Lindsay, city of Kawartha Lakes, 57
William Street South.
1.02
Textu?l Amend.ment: By-law No. 2000-7s of the Town of Lindsay is further
amended to add the following section to Section g.3:
"8.3.18 Residentiat Three Speciat Fifteen (R3-S1 5) Zone
Notwithstanding subsection 8.2, on land zoned R3-s1s the following
provisions shall apply:
i.
ii.
iii.
frontage
setback
setback
Minimum lot
Minimum front yard
Minimum interior side yard
15.17 m.
6.37 m.
0.66 m.,'
1.03
of the Town of
the "Residential
S15) Zone" for
' attached to this
By-law.
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 ptanning Act.
By-law read a first, second and third time, and finally passed, this ** day of ***, 201s.
Andy Letham, Mayor
Judy Currins, City Clerk
21
I
fìÊirciìT P¿4ñæd-æJ
BY.LAW 2015.
A BY.LAW TO AMEND THE TOWNSH IP OF LINDSAY zoN ING BY-LAW NO. 2005-75
C
^
FiLF" ¡{C.
eú- t8-t43
THE CORPORATION OF THE CITY OF
KAWARTHA LAKES
THIS IS SCHEDULE 'A'TO BY-LAW
THIS
PASSED
2015.
DAY OF
MAYOR
CITY CLERK
Glenelg St. W.
'LINDSAY'
Ø
U)
R3-S15
E
.q
=
Melborne St. W.
CN
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Durham St. W.
22
23
tt
lr.
The Gorporation of the Gity of Kawartha Lakes
Planning Gommittee Report
Report Number PLAN201 5-005
Date: January
14,2015
Time:
1:00 p.m.
Place: Council Chambers
Ward Community
Subject:
ldentifier:
5 - Fenelon
An application to amend the Township of Fenelon Zoning By-law
12-95 to rezone the land from Restricted lndustrial (M1) Zone and
Restricted lndustrial Exception Nine (M1-9) Zone to Future
Residential Development (FCD) Zone on the property legally
described as Part of Lot 23, Conc. 9, RP 57R8353 Part 1 and Part
2, geographic Township of Fenelon, now City of Kawartha Lakes
(MG LEWIS LTMTTED).
Author/Title: David Harding, Planner
I
S
nature
Recommendations:
RESOLVED THAT Report PLAN2015-005, respecting Part of Lot 23, Conc. 9,
RP 57R8353 Part 1 and Part2, geographic Township of Fenelon, identified as 19
and 39 West Street North, Application D06-29-086, be received;
THAT a Zoning By-law Amendment respecting application D06-29-086, on
property legally described as Part of Lot 23, Conc. 9, RP 57R8353 Part 1 and
Par|2, geographic Township of Fenelon, substantially in the form attached as
Appendix 'C' to Report PLAN2015-005, 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:
Gorporate Services Director / Other:
Ghief Administrative Officer:
24
Report #PLAN-2015-005
M G LEWIS LIMITED
-
D06.29-086
Page 2 of 7
Background:
The applicant has submitted a rezoning application to remove the industrial use
on the property and clarify that the lands are intended for future residential
development. As the form of residential development is unknown at this time the
applicant proposes a general development zone category (Future Residential
Development (FRD) Zone). A further zoning amendment will be required to
permit site specific residential use, when known. The property is currently
vacant, and was previously used for the manufacture of furniture and wooden
toys.
Owner:
M G Lewis Limited, Malcolm Lewis
Applicant:
EcoVue Consulting Services lnc., Kent Randall
Legal Description:
Part of Lol 23, Conc. 9, RP 57R8353 Part 1 and ParI 2,
geographic Township of Fenelon
"Urban Settlement Area" in the City of Kawartha Lakes
Official Plan
Official Plan
Zoning
Restricted lndustrial (M1) Zone and Restricted lndustrial
Exception Nine (M1-9) Zone on Schedule 'G' of the
Township of Fenelon Zoning By-law No. 12-95.
Site Size:
1.4ha (3.6 acres)
Site Servicing:
Municipal sanitary sewer and water systems.
Existing Use:
Vacant lndustrial
Adjacent Uses:
North: Residential/Cameron Lake
East: Residential
South: Residential
West: Commercial/Residential
Rationale:
The subject land is a vacant industrial lot within an area which contains a mix of
residential and commercial uses. The property, formerly within Fenelon
Township, is now within the Urban Settlement - Fenelon Falls Fringe designation
in the City's Official Plan. The owner seeks to re-zone the property to Future
Residential Development (FRD) Zone in anticipation of future residential
development. This zone category does not currently exist within the Township of
Fenelon Zoning By-law No. 12-95, and must be created. The amendment shall
permit:
1. Existing uses and public uses;
25
*, o,-
2.
3.
=*,
Jifif [Ë'''1Uõ?:]3-333
Page 3 of 7
The property to be rezoned once the applicable studies, reports, and
plans have been submitted to the satisfaction of the City and its
respective review agencies; and to
Add a Future Residential Development (FRD) Zone to the Fenelon
Zoning By-law.
Supoortinq Document
The applicant has submitted the following report in support of the application,
which has been circulated to various City Departments and commenting
agencies for review:
1.
Planning Justification Report prepared by EcoVue Consulting Services
lnc. dated August 1,2014. The report discusses and assesses the
proposal in context of the 2014 Provincial Policy Statement, Growth Plan,
City of Kawartha Lakes Official Plan, and Council adopted Fenelon Falls
Secondary Plan.
Applicable Provincial Policies:
Staff has reviewed the Planning Justification Report prepared by EcoVue
Consulting Services lnc. in support of the Zoning By-law Amendment. The report
provides a review of the proposed development in the context of the current
provincial and municipal policy framework. Staff is generally accepting of the
planning rationale contained in the report.
Growth Plan for the Greater Golden Horseshoe (Growth Plan):
The subject property is located within the Fenelon Falls settlement area.
Sections 2.2.2 and 2.2.3 of the Grovuth Plan states that intensification and
development is to be directed to settlement areas, and anticipates the
intensification of brownfield sites.
Provincial Policy Statement (PPS):
The PPS provides for appropriate development while protecting resources of
provincial interest. Section 1.1.3 of the PPS provides that development and
intensification shall be directed to settlement areas. Section 1.1.3.3 recognizes
the intensification and redevelopment of brownfield sites within settlement areas
where municipal services are available.
Official Plan Gonformity:
The property is designated 'Urban Settlement Area' in the City of Kawartha
Lakes Official Plan (OP). The Urban Settlement Area designation anticipates the
intensification and redevelopment of lands, including brownfield sites, within
settlement areas. The Fenelon Falls Fringe policies permit residential, uses in
predominately low and medium density forms on full municipal services. Within
the Council adopted Fenelon Falls Secondary Plan, the property is designated
'Residential'.
26
Report #PLAN-2015-005
- DO6-29-086
Page 4 of 7
M G LEWIS LIMITED
Zoning By-Law Compliance:
The subject property contains two zone categories: Restricted lndustrial (M1)
Zone on the northern portion and Restricted lndustrial Exception Nine (M1-9)
Zone on the southern portion. These zones permit a broad range of industrial
uses such as a workshop, warehouse, industrial mall, light manufacturing and
assembly, motor vehicle parts service and sales establishment, and dry-land
marina uses.
The applicant has submitted a Zoning By-law Amendment application for
consideration in anticipation of the future intensification and redevelopment of the
subject property. The proposed Future Residential Development (FRD) Zone
shall remove the existing industrial use, and permit only existing and public uses.
An additional zoning by-law amendment application accompanied with the
appropriate studies shall be required to permit residential uses. lt is appropriate
to remove the industrial use as the site is surrounded on three sides by
residential development, and is designated Residential within the Council
approved Fenelon Falls Secondary Plan. The provisions within the Future
Residential Development (FRD) Zone category will ensure that rezoning to
permit residential development does not proceed until the appropriate studies
have been conducted. This will establish the appropriate type, scale and form of
residential development appropriate on the lands. The required studies, reports,
and plans may include but are not limited to:
1.
2.
3.
4.
5.
6.
7.
8.
Functional Servicing Plan (Water, Sewage, and Storm Water
Management).
Traffic lmpact Study
Record of Site Condition
Archaeological Report
Elevation Survey
Planning Justification Report
Conceptual Site Plan
Sediment and Erosion Control Plan
A copy of the proposed amendment is contained below as well as in Appendix 'C'
to this report.
PART 24 _ F IJTIJ RE RESIDENTIAL DEVELOPMENT ( FRD I7ÔNtr
24.1
USES PERMITTED
24.1.1
No person shall hereafter change the use of any building,
structure or land or erect or use any building or structure in
a Future Residential Development (FRD) Zone, except for
the following uses:
24.1.1.1
Existing legal uses at the date of adoptíon of this By-law
27
Report #PLAN-2015-005
M G LEWIS LIMITED - DO6-29-086
Page 5 of 7
241.1.2
Public uses
24.2
ZONE PROVISIONS
24.2.1
No person shall hereafter change the use of any building,
structure or land or erect or use any building or structure,
in a Future Residential Development (FRD) Zone, except
in conformity with the following zone provisions:
24.2.1.1
Yard Requirements (min.)
(a) front
(b) interior side
exterior side
(d) rear
(c)
15 m
10 m
10 m
15 m
Lot Coverage (max.)
10
Building Height (max.)
10.5 m
24.2.1.2
24.2.1.3
24.2.1.4
Gross Floor Area
o/o
no mrntmum
24.3
REMOVAL OF FUTURE RESIDENTIAL DEVELOPMENT
(FRD) ZONE CATEGORY
24.3.1
On land zoned FRD, the removal of the FRD Zone for
future residential uses shall be in accordance with the
satisfactory completion of any reports, plans, and/or
studies required by the City of Kawartha Lakes and/or its
respective review agencies.
Other Alternatives Gonsidered
:
No other alternatives have been considered at this time.
Financial Gonsiderat¡ons:
There are no financial considerations for the City, unless the application was to
be appealed to the Ontario Municipal Board.
Relationship of Recommendation(s) To Strateg¡c Priorities:
Council has identified the following four main Council Strategic Priorities, namely:
Enhancing Tourism
Managing Aggregates
o
.
28
r
o
o
o,-
=*,
Sii,'î,1É'o'1}õ?:13-333
Page 6 of 7
Developing a Knowledge-Based Economy (with focus on the water and
agricultural sectors for job creation)
Creating Connections (with a focus on infrastructure, communications and
relationships).
The application does not directly impact or align with a specific Strategic Priority.
Review of Accessibility lmplications of Any Development or
Policy:
Any applicable accessibility matters will be addressed through the Building
Permit applications.
Servicing Gomments:
The Capital Projects Division provided comment on December 16, 2014 that a
Municipal Class EA is currently in process to evaluate upgrading the Fenelon
Falls sewage system. A sanitary service connection for proposed development
upon the lot is subject to the completion of the proposed upgrades in the system
Consultations:
Notice of this application was circulated to the prescribed persons within a 120
metre radius, agencies, and City Departments which may have an interest in the
proposed application. As of the writing of this report, staff has received the
following comments:
Building Division on December 3, 2014 advised that they have no objection to the
application.
The Community Services Department on December 16, 2014, advised that they
have no concerns with respect to the application.
Alderville Fírst Nation on December 12,2014, had no concerns with respect to
the application.
A letter of objection was received on December 10, 2014 from Jim and Debbie
Branidis, owners of 24 West Street North. They are concerned over the future
development of the site. Concerns included the density of any future proposed
built form and the traffic, noise and massing such development may generate.
A letter of support was received from Susan Van Allen of 8 Oriole Rd. on
December 11,2014.
A letter of support was received from Peter Martin of 10 Oriole Rd. on December
18,2014.
29
o''',
Development Services
=*,
Jli'ü'iË'"'1|õ?:13-333
PageT o17
- Planning Division Gomments:
A development zone category, Future Community Development (FCD) Zone, is
proposed, which shall restrict the use of the site to existing uses at the date of
passing of the Zoning By-law Amendment, and public uses. No changes to the
use of the land or adverse impacts to the neighbourhood are anticipated as a
result of the proposed zone change. An additional Zoning By-law Amendment
application shall be required to permit residential development. The rezoning of
the property in anticipation of future residential development is beneficial as it
aligns with provincial and municipal policies and objectives for the intensification
of a brownfield site within an existing settlement area, and is consistent with the
Residential designation within the Council approved Fenelon Falls Secondary
Plan.
Conclusion:
The application conforms to the provincial policies concerning settlement areas
and brownfield sites. Staff supports the application based upon the information
contained within this report and the comments received at the time of report
completion. Staff respectfully recommends that the application be referred to
Council for APPROVAL.
Attachments:
Appendix 'A'
@lÞ
- Aerial Photo
Appendix A.pdf
Appendix 'B'
fEl-
- Applicant's Sketch
Þ
Appendix
B.
pdf
Appendix 'C'
@.r*
- Proposed
Zoning By-law Amendment
Appendix C, pdf
Phone:
705-324-9411 ext. 1206 or 1-888-822-2225 ext. 1206
E-Mail:
d
Department Head:
Ron Taylor
Department File:
D06-29-086
eha rd i n g @city. kawa rtha la kes.o
30
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19 & 39 West Street North, Geographic Twp. of Fenelon
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is for referenæ only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
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PLOT DATEI
AuSust 1,2014
19 West Street Norlh
Township of Fenelon
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/.|::PENDIX
THE coRPoRATloN oF rHE clTY oF KAWARTHA
BY-LAW 2015
-
"
FrLENc.
Wf
TO REZONE LAND WITHIN THE CITY OF KAWARTHA LAKES
[File D06-29-086, Report PLAN2015-005, respecting Part of Lot 23, Conc.9, RP
1 and Part 2, geographic Township of Fenelon, now the City of
57R8353 Part
-
M G LEWIS LIMITEDI
Recitals:
1
Section 34 of the Planning Acf authorizes Council to determine the appropriate
zoning categories and provisions assigned to land.
2
Council has received an application to amend the categories and provisions
relating to a specific parcel of land to permit a development zone category in
anticipation of future development.
3.
4.
A public meeting to solicit public input has been held
Councildeems it appropriate to rezone the Property
Accordingly, the Council of The Gorporation of the Gity of Kawartha Lakes
enacts this By-law 2015-_.
Section 1:OO Zo
1.01
Details
Propertv Affected: The Property affected by this by-law is described as Part
of Lot 23, Conc. 9, RP 57R8353 Part 1 and Part2, geographic Township of
Fenelon, now the City of Kawartha Lakes, identified as 19 & 39 West Street
North.
1.O2 Textual Amendmen!: By-law No. 12-95 of the Township of Fenelon
is further
amended to add the following section:
PART
24 -
I1'ST'RE RESIDENTIAIJ DEVELOPME¡A (E'RD) ZONE
24.L
USES PERMITTED
24.L.L
No person shall he¡eafter change the use of any
building, structure or land or erect o! uEe any
building or structure in a E\¡ture Residential
Developnent (FRD) Zone, except for the following
uses:
24.L,L.L
Existing legal uses at the date of adoption of
this By-law
24.L.L.2
Pub1ic uses
24.2
ZONE PROVISIONS
24.2.L
No person shall hereafter change the use of any
building, structure or land or erect or use any
building or structure, in a Future Residential
Development (ERD) ãot:.e, except in conformity
with the following zone provisions:
24.2.L.L
Yard Requirements (nin.)
(a) front,
(b) interior side
(c) exterior side
15n
10m
10 rn
33
*
håifiñ -f,;+rtó,*"f
A BY.LAW TO AMEND THE TOWNSHIP OF FENELON ZONING BY.LAW NO. 12.95
Kawartha Lakes, identified as 19 & 39 West Street North
C
1.03
(d) rear
15
24.2.L.2
Lot Coverage (max.)
10 t
24.2.L.3
Building Height (max.)
24.2.L.4
Grogs Floor
24.3
RE!{OVÀT OF E'UTURE RESIDENTIAI DEVELOPMENT (EBD)
ZONE CATEGORY
24.3.L
On land zoned I'RD, the removal of the ERD Zone
A¡ea
10.5
m
m
no minimum
for future residential uees ghall be in
accordance with the satisfaatory conpletion of
any reports, plans, and/or studies required by
the City of Karartha Lakes and/or its
respective review agencies.
Schedule Amendment: Schedule 'G' to By-law No. 12-95 of the Township of
Fenelon is further amended to change the zone categories from the Restricted
lndustrial (M1) Zone and Restricted lndustrial Exception Nine (M1-9) Zone to
the Future Residential Development (FRD) Zone category for the land referred
to as 'FRD', as shown on Schedule 'A' attached to this By-law.
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.
***,2015.
**
By-law read a first, second and third time, and finally passed, this day of
Judy Currins, City Clerk
Andy Letham, Mayor
34
THE CORPORATION OF THE CITY OF
KAWARTHA LAKES
THIS IS SCHEDULE 'A'TO BY-LAW
THIS
PASSED
20t5.
DAY OF
CIW CLERK
MAYO
Cameron Lake
coN.
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Township of
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35
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The Gorporation of the City of Kawartha Lakes
Planning Report
Report Number PLAN 2015-003
Planning Committee Meeting
Date:
Time:
Place:
January 14,2015
1:00 p.m.
Council Chamber
Ward / Gommunity ldentifier: Ward 3 / Long Point, Balsam Lake
Subject:
An application for a Certificate of Validation for land identified as
130 and 131 Maple Avenue, geographic Township of Bexley
(wTLLSONTA TNDUSTRTES LTD.).
Author/Title: Doug Carroll, Manager of Planning
S
nature
Recommendations:
THAT Report PLAN2015-003, Application D03-1 4-016 for a Certificate of
Validation for Part of Block A, Registered Plan 187, geographic Township of
Bexley, identified as 130 and 131 Maple Avenue, be received;
THAT the proposed Validation By-Law for land identified as 130 and 131 Maple
Avenue, Township of Bexley, and attached as Appendix "D" to Report DEV2015003 be approved and adopted by Council;
THAT the Mayor and City Clerk be authorized to execute any documents
required by the approval of this application for a Certificate of Validation; and
THAT prior to the registration of the Validation By-Law the following conditions
shall be fulfilled:
1.
Payment of all past due taxes and charges added to the tax roll, if any;
2.
Payment of a fee of $400.00 to the City of Kawartha Lakes for the review
of documents and municipal records, and receipt and review of
information relating to the clearance of these conditions;
3.
The Applicant shall pay all costs associated with the registration of the
required document(s);
4.
All of these conditions shall be fulfilled within a period of three months
after January 27,2014, failing which Council deems the Validation By-law
to be null and void, and the Certificate of Validation to be invalid;
Department Head:
Gorporate Services Director / Other:
Gh
ief Adm i nistrative Officer:
36
Report PLAN2015-003
Willsonia lndustries Ltd. - D03-14-016
Page 2 of 5
5. The Applicant's
solicitor shall provide a written undertaking confirming that
the Validation Certificate in respect of this application shall be attached to
the respective deed and registered in the proper land registry office within
two months from the date of the third and final reading of the respective
Validation By-Law. The solicitor should also undertake to provide a copy
of the registered Validation Certificate to the City as conclusive evidence
of the fulfillment of the above-noted undertaking.
37
Report PLAN2015-003
Willsonia lndustries Ltd. - D03-14-016
Page 3 of 5
Background:
-
Glenn Stanley Willson
Owner:
Willsonia lndustries Limited
Applicant:
Gowling Lafleur Henderson LL.P
Legal
Description:
-
Brian Parker, MCIP, RPP
Part Block A, Registered Plan 187, Conc. 4, Part Lot A,
geographic Township of Bexley
Official Plan:
Waterfront on Schedule "A-7" of the City of Kawartha Lakes
Official Plan
Zone:
Limited Service Residential (LSR) on Schedule "4" of the
Township of Bexley Zoning By-law No. 93-09
Total
Area:
4,900 sq.
m.
Area of lot to be validated: 2,306 sq. m.
Site Servicing: On-site private, individual well and sewage disposal system
Existing
Use:
Residential
Adjacent Uses: North&
East &
South: Balsam Lake
West:
existing residential
Feb. 17,2007 - 134 Maple Ave. was transferred to Randall Stephen Willson by
instrument no. R368883
March 2,2OO7 - 130 & 131 Maple Ave. was transferred to Randall Stephen
Willson by instrument no. R456265
It appears that the properties described in instruments nos. R368883 and
R456265 have merged.
March 17,2008 - these two (2) lots were converted from Registry to Land Titles
Conversion Qualified (LTCO) system
November 20,2009 - 134 Maple Ave. was transferred to Willsonia lndustries Ltd.
by instrument no.KL30559
November 20, 20Og - 130 & 131 Maple Ave. was transferred to Glenn Stanley
Willson by instrument no.KL30560
These two (2) lots have been treated by the municipality and the taxing
authorities as two (2) separate and distinct lots. Consent was not obtained for
the 2009 transfers and a Validation Certificate will correct any contraventions of
the Planning Act.
On October 8,2014 Planning Committee received Report PLAN 2014-087 and
referred the application for Validation of Title of 130 and 131 Maple Avenue,
being PIN 631 16-01 27(LT), to Council for adoption. On October 14, 2014,
Council adopted By-law 2014-292, which by way of a Certificate of Validation
validated the title to PIN 63116-0127(LT). On October 28,2014 By-law 2014-292
was registered in the Registry Office as lnstrument Number KL92268.
Subsequently, on November 5,2014, the owner's lawyer confirmed that the title
of 134 Maple Avenue, which abuts 130 and 131 Maple Avenue, being PIN
631 16-0126(LT), also requires a separate Certificate of Validation. This report
38
Report PLAN2O15-003
Willsonia lndustries Ltd. - D03-14-016
Page 4 of 5
addresses the requirement that title of 134 Maple Avenue also be subject to a
Certificate of Validation. Refer to Appendix A, B, C and D.
Rationale:
On 130 and 131 Maple Avenue, the 1't of two ex¡sting detached dwellings was
established ín 1954 and the 2no was established in 1970 (MPAC records). On
134 Maple Avenue, the existing boathouse was established in 1954 and the
existing detached dwelling in 2002 (MPAC records). On each lot there is no
change of use, no change of lot boundary or new construction proposed. New
development is not being proposed, only the validation (correction) of title.
Other Alternatives Considered
:
The applicant could seek approval of the two (2) lots through the Committee of
Adjustment. However, Validation of Title appears to be the more appropriate
approach, given the history of the development and use of these lots and no
changes to the existing uses and lot boundaries is proposed.
Financial Gonsiderations:
There are no financial implications for the City by approving this application
Review of Accessibility lmplications of Any Development or Policy:
As no construction or new use is proposed, a review is not required.
Servicing Comments:
Each of these two (2) lots is serviced by an on-site private, individual sewage
disposal system. As of December 1, 2014, no concerns were raised by City staff
or plan review agencies.
Development Services
- Planning
Division Comments:
The application conforms to the 2006 Provincial Growth Plan, is consistent with
the 2014 Provincial Policy Statement and complies with the City's Official Plan.
Further, the two (2) lots affected by the proposed Validation Certificate, comply
with the minimum lot area and frontage requirements of the Bexley Zoning Bylaw.
Staff respectfully recommends that the application for a Certificate of Validation
as it relates to Reg. Plan 187, Part Block A, geographic Township of Bexley, and
identified as 130 and 131 Maple Avenue, be approved and the draft Validation
By-law forwarded to Council for approval.
Consultations:
Consultations were held with the applicant's planner, solicitor, City solicitor and
other City staff.
39
Report PLAN2O15-003
Willsonia lndustries Ltd. - D03-14-016
Page 5 of 5
Attachments:
Appendix
EÉ
uA'- Location Map
,LI
201s-01-14 Appendix'A' Location
Appendix "8"
I
-
Applicant's sketch
2014.05.29 Applicanfs sketch.pdf
Appendix "Cu - Air photo & lot pattern
G
,l'l
2014.08.13 - Air
photo & lot pattern.pd
-
Appendix "D"
H:ì
l--¡
l-:l
Validation By-Law
20t5.01.27 Validation By-law and
Phone:
E-Mail:
705.324.9411, ext.1240 or 1-888-822-2225 ext. 1240
[email protected]
Department Head: Ron Taylor
Department
File: D03-14-016
40
GEOGRAPHIC TOWNSHIP OF BEXLEY
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D03- 14-016
41
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43
THE CORPORATION OF THE CITY OF KAWARTHA LAKES
BY.LAW 2015.
RËPORT
A BY.LAW TO VALIDATE THE TITLE OF LAND IN THE GEOGRAPHIC TOWNSHIP
FILE NO.
OF BEXLEY, NOW IN THE CITY OF KAWARTHA LAKES
[File D03-14-016, Report PLAN2015-003, respecting Part Block A, Registered Plan
187, Conc. 4, Paft Lot A, Geographic Township of Bexley, now City of Kawartha Lakes,
130 and 131 Maple Avenue, WILLSONIA INDUSTRIES LIMITEDI
Recitals:
1
Subsections 57(1) and (8) of the Planning Act, R.S.O. 1990, c. P.13, authorize
Council to issue a Certificate of Validation in respect of land described in the
Certificate and impose such conditions in respect of any land described in the
Certificate, as it considers appropriate.
2
Council has received a request to validate the title of land described as Part Block
A, Registered Plan 187, Conc. 4,Patl Lot A, Geographic Township of Bexley,
now City of Kawartha Lakes.
3
APPENDIX
to
Council deems it appropriate to give approval to a validation of title of the land
described in the attached Certificate and to impose conditions, which shall be
fulfilled prior to the registration of this Validation By-law.
Accordingly, the Gouncil of The Corporation of the City
enacts this By-law 2015-_.
of Kawartha Lakes
Section 1:00: Definitions and lnte
1.01 Definitions:
Wherever
a word is used in this By-law with its first letter
capitalized, the term is being used as it is defined in this Section 1.01. Where
any word appears in ordinary case, its regularly applied meaning in the English
language is intended.
(a) "By-law" means this by-law, as it may be amended from time to time.
The Recitals to, and the Schedules attached to this By-law are considered
integral parts of it.
(b) "Gity" means The Corporation of the City of Kawartha Lakes.
(c) "Clerk" means the person within the administration of the City, which
fulfils the function of the City Clerk as required by the Municipat Act, 2001
S. O. c.25.
(d) "Council" means the elected municipal council for the City.
(e) "Director" means a Director of the City.
1.02 lnterpretation
(a)
(b)
(c)
(d)
Rules:
Whenever this By-law refers to a person or thing with reference to gender
or the gender neutral, the intention is to read the By-law with the gender
applicable to the circumstances.
References to items in the plural include the singular, as applicable.
The word "include" is not to be read as limiting the phrases or descriptions
that precede it.
The recitals, and any schedules to this By-law are integral parts of it.
1.03 Statutes:
Specific references to laws in this By-law are printed in italic font and
are meant to refer to the current laws applicable within the Province of Ontario as
at the time this By-law was enacted. For Provincial laws, the reference is to the
relevant chapter of the R.s.o. 1990 edition, as amended from time to time or
current S. O, edition.
1.04 Severabilitv:
lf a coutt or tribunal of competent jurisdiction declares any portion
of this By-law to be illegal or unenforceable, that portion of this By-law will be
considered to be severed from the balance of the By-law, which will continue to
44
operate in full force and effect.
!
ôô3
Willsonia lndustries Ltd.
-
City of Kawartha Lakes
D03-14-016 - Validation By-law
Page 2 of 4
Section 2:00: Details
2.01
Propertv Affected: The Property affected by this by-law and subject to the
attached certificate isdescribed as Part BlockA, Registered Plan 187, Conc.4,
Part Lot A, Geographic Township of Bexley, now City of Kawartha Lakes.
2.02
Conditions: The conditions precedent to the registration of this By-law are:
1.
Payment of all past due taxes and charges added to the tax roll, if any;
2. Payment of a fee of $400.00 to the City of Kawartha Lakes for the review of
documents and municipal records, and receipt and review of information relating
to the clearance of these conditions;
3. The Applicant shall pay all costs associated with the registration of the required
document(s);
4. All of these conditions shall be fulfilled within a period of three months after
January 27,2015, failing which Council deems this Validation By-law to be null
and void, and the Certificate of Validation to be invalid;
5. The Applicant's solicitor shall provide a written undertaking confirming that this
Validation By-law and attached Validation Certificate shall be registered in the
proper land registry office within two months from the date of the third and final
reading of this Validation By-Law. The solicitor should also undertake to provide
a copy of the registered Validation By-law to the City as conclusive evidence of
the fulfillment of the above-noted undertaking.
Section 3:00: Effective Date
3.01
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 57 of the Planning Act,
R.S.O. 1990, c. P.13.
By-law read a first, second and third time, and finally passed, this 27th day of January,
2015.
Andy Letham, Mayor
Judy Currins, City Clerk
45
City of Kawartha Lakes
Willsonia lndustries Ltd.
-
D03-'14-01 6
-
Validation By-law
Page 3 of 4
The Planning Act, R.S.O. 1990, c. P13, as amended
Section 57
Certificate of Validation
ln accordance with Subsection 57(1) of the Planning Act, R.S.O. 1990, c. P13,
as amended, Council of the Corporation of the City of Kawartha Lakes has on
the 27h day of January, 2015, issued this Certificate of Validation respecting the
title of the following land:
That parcel of land situate in the City of Kawartha Lakes, Geographic Township
of Bexley, being composed of Part Block A, Registered Plan 187, Conc. 4, Part
Lot A, (PlN 631 16-0126(LT).
Dated this 27th day of January, 2015
Judy Currins, City Clerk
City of Kawartha Lakes
46