The Corporation of the City of Kawartha Lakes AGENDA PLANNING ADVISORY COMMITTEE MEETING

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1 The Corporation of the City of Kawartha Lakes AGENDA PLANNING ADVISORY COMMITTEE MEETING PC Wednesday, December 6, :00 P.M. Council Chambers City Hall 26 Francis Street, Lindsay, Ontario K9V 5R8 MEMBERS: Mayor Andy Letham Councillor Brian Junkin Councillor Rob Macklem Councillor Gord Miller Councillor Patrick O'Reilly Councillor Heather Stauble Councillor Andrew Veale Mike Barkwell Debbie Girard Accessible formats and communication supports are available upon request.

2 Pages 1. CALL TO ORDER AND ADOPTION OF AGENDA 2. DECLARATIONS OF PECUNIARY INTEREST 3. PUBLIC MEETING 3.1 PLAN Ian Walker, Planning Officer - Large Developments An application to amend the Village of Bobcaygeon Zoning By-law to add a microbrewery as a permitted use and amend the development standards for the property identified as 30 King Street East, Bobcaygeon (Nichol) 4. BUSINESS ARISING FROM PUBLIC MEETING 5. DEPUTATIONS 6. CORRESPONDENCE 7. CITY OF KAWARTHA LAKES REPORTS 7.1 PLAN Ian Walker, Planning Officer - Large Developments An application to amend the Town of Lindsay Zoning By-law to change the zone category to allow for a five (5) storey Independent Senior s Apartment Building on the eastern portion of the property identified as 84 Adelaide Street South, Lindsay (Lindsay Retirement Home GP Ltd.) 7.2 ENG Christina Sisson, Supervisor of Development Engineering Assumption Report for Trails of the Kawarthas Subdivision Phases 3 and 4, Geographic Township of Ops, City of Kawartha Lakes 7.3 ENG Christina Sisson, Supervisor of Development Engineering Assumption Report for Arbour Way Subdivision, Geographic Town of Lindsay, City of Kawartha Lakes 2

3 7.4 ENG Christina Sisson, Supervisor of Development Engineering Assumption Report for Springdale Gardens Subdivision - Phases 1a) and 1b), Geographic Township of Ops, City of Kawartha Lakes 8. ADJOURNMENT 3

4 The Corporation of the City of Kawartha Lakes Planning Advisory Committee Report Report Number PLAN Date: December 6, 2017 Time: 1:00 p.m. Place: Council Chambers Public Meeting Ward Community Identifier: Ward 13 - Bobcaygeon Subject: An application to amend the Village of Bobcaygeon Zoning By-law to add a microbrewery as a permitted use and amend the development standards for the property identified as 30 King Street East, Bobcaygeon (Nichol) Author and Title: Ian Walker, Planning Officer Large Developments Recommendations: RESOLVED THAT Report PLAN , respecting Plan 11, Range 7 Part of Lot 9 East William Street, Former Village of Bobcaygeon, Nichol Application D , be received; and THAT Report PLAN respecting Application D be referred back to staff to address any issues raised through the public consultation process and for further review and processing until such time that all comments have been received from all circulated agencies and City departments and that any comments and concerns have been addressed. Department Head: Legal/Other: Chief Administrative Officer: 4

5 Background: Report PLAN Nichol Application D Page 2 of 8 The applicant submitted a Zoning By-law Amendment application to change the zone category from the Central Commercial (C1) Zone to a Central Commercial Exception ** (C1-S**) Zone on this property. The intent of the change is to permit a microbrewery as a permitted use, and to amend some of the development standards for the property subject to this application. The C1 zone permits a range of similar commercial uses, including bakeries, restaurants, soda fountains, lunch counters, and liquor licenced establishments. A microbrewery is not a permitted use in any zone category. As such, a sitespecific rezoning is required. Owner: Applicant: Scott Nichol Landmark Associates Limited Darryl Tighe Legal Description: Plan 11, Range 7 Part of Lot 9 East William Street, former Village of Bobcaygeon Designation: Zone: Lot Area: Site Servicing: Existing Uses: Adjacent Uses: Rationale: Urban Settlement Area on Schedule A-5 of the City of Kawartha Lakes Official Plan; subject to the Urban designation policies of the Victoria County Official Plan Central Commercial (C1) Zone on Schedule A of the Village of Bobcaygeon Zoning By-law No sq. m. [6,970.0 sq. ft. MPAC], of which the entire site is currently contemplated for the development Municipal sanitary sewer, storm sewer and water supply Vacant Retail Commercial Store With Dwelling Unit Above North: Trinity United Church; Low Density Residential East: Commercial Plaza South: King Street East; LCBO; Commercial Plaza; Beer Store West: William Street; Commercial; Residential The property is located on the northeast corner of King Street East and William Street, in the central area of Bobcaygeon. See Appendix A. It contains an existing two storey stone building on the southwestern portion of the property, and a detached garage on the northwestern portion of the property. The proposed development is to construct a one storey addition to the north of the existing building, and to change the use of the property to a microbrewery with the associated parking on the northeast portion of the site and an accessible parking space in the front yard. See Appendix B. The lot subject to this proposal is located in the Urban Settlement Area designation in the City of Kawartha Lakes Official Plan (City OP), which requires the designations and associated land use policies of the Victoria County Official Plan (VCOP) apply until such time 5

6 Report PLAN Nichol Application D Page 3 of 8 as the Bobcaygeon Secondary Plan (SP) is in force and effect. The Urban designation in the VCOP allows residential, recreational, institutional, cultural, commercial, and industrial uses. 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 Landmark Associates Limited, dated August The report discusses and assesses the proposal in context of the 2014 Provincial Policy Statement, 2017 Growth Plan, the City of Kawartha Lakes and Victoria County Official Plans, and the Village of Bobcaygeon Zoning By-law Functional Servicing Report prepared by Landmark Associates Limited, dated August The report examines the existing municipal water and sanitary servicing options for the property as well as stormwater management impacts. 3. Zoning By-law Amendment Concept Sketch prepared by Landmark Associates Limited, dated September Topographic Plan prepared by Lejan Land Surveying Inc., dated July 13, Staff have reviewed the Planning Justification Report (PJR) and accompanying documents filed in support of the proposed zoning by-law amendment. An application for site plan approval (SPA) has been submitted, and is being reviewed concurrently. At this time, staff cannot determine the appropriateness of the proposal as the first review of the SPA has not been completed. Additional amendments to development standards may be identified through the review of the SPA. As such, staff recommend that the application be referred back to staff until such time as commenting agencies and/or City departments have submitted comments, and any concerns have been addressed, and to permit discussions with the applicant respecting conformity to applicable policies, if required. Provincial Policies: Growth Plan for the Greater Golden Horseshoe, 2017: The Growth Plan (GP) provides that growth should be directed towards settlement areas, and utilizes existing or planned infrastructure. The proposed development is located within the urban settlement of Bobcaygeon. The development will be serviced by the existing municipal roads, sewage, water and stormwater services. This application facilitates the efficient use of existing building stock within a designated settlement area. Therefore, this application conforms to the policies of the GP. 6

7 Provincial Policy Statement, 2014 (PPS): Report PLAN Nichol Application D Page 4 of 8 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 to manage and direct land use to achieve efficient and resilient development and land use patterns. Settlement areas are the focus of growth, including redevelopment which utilizes existing or planned infrastructure. Redevelopment and site alteration shall be directed in accordance with the policies of Section 2 and 3 of the PPS. The proposed development is not within or adjacent to any natural heritage features or species at risk (SAR) as identified in Section 2 of the PPS, and is not located within any natural hazards, as identified in Section 3 of the PPS. Planning for sewage, water, and stormwater shall be in accordance with Section of the PPS. This includes the efficient use and optimization of existing municipal sewage and water services in a sustainable manner, and the use of low impact development techniques for stormwater management. Full consistency with the PPS will be established through the complete review of the application. Official Plan Conformity: As noted in the Rationale above, the lot subject to this proposal is located in the Urban Settlement Area designation in the City OP. The land use policies of the VCOP apply until such time as the SP is in force and effect. The VCOP designation of Urban applies to this property. Within this designation, development should proceed on the basis of the full range of municipal services provided. Based on the location of this property, it is located in the business core area, which includes King Street East between Bolton Street (to the west) and the Legion (to the east). The General Commercial policies shall also apply to this property. The predominant use of land in the General Commercial shall be retail and service commercial facilities including retail and service operations, clubs, places of amusement and recreation, and institutional uses. Dwellings shall also be permitted. Section 5.3 of the VCOP encourages expanding and diversifying commercial developments to promote employment opportunities, and encourages the redevelopment of urban areas. The PJR notes that the proposal conforms to the relevant policies of the VCOP and maintains compatibility with surrounding land uses. Planning staff accept this analysis. 7

8 Zoning By-Law Compliance: Report PLAN Nichol Application D Page 5 of 8 The applicant has submitted a Zoning By-law Amendment application for consideration, to change the zoning on the property. The lot is currently zoned C1 zone in the Village of Bobcaygeon Zoning By-law The application, as proposed, would implement a site-specific C1 exception zone which permits the use of the property for a microbrewery, and recognizes site-specific development standards for the property, as follows: Development Standard Definition of microbrewery Requirements: C1 zone None Requirements: C1-S** zone A building or part thereof used for the brewing and retail sale of beer for public consumption on or off the premises; and includes the following as accessory uses: areas for sampling, retail display and retail sales. Minimum lot area N/A sq. m. Minimum lot frontage N/A 18.7 m. Minimum front yard Nil 5.5 m. Minimum easterly side Nil (abutting commercial 8.8 m. yard use) Minimum westerly side Nil (abutting roadway) 0.0 m. yard Maximum lot coverage 60 % 30 % Maximum number of 6 1 dwelling units Minimum rear yard 1.2 m m. detached garage Minimum interior side 1.2 m m. yard detached garage Minimum flankage yard 0.0 m m. detached garage Minimum Parking Requirements (based on existing and proposed building area) A total of 11 spaces are required for all permitted uses, based on the Planning analysis Minimum Loading Space Requirements (based on existing and 1 loading space is required for all permitted uses, based on the There are a maximum of 7 on-site spaces. A municipal parking lot is within 85 m. of the subject property. A minimum of 0 loading spaces is requested 8

9 Development Standard proposed building area) Development Standard Loading Space Location Landscaping Accessible parking space provisions Parking space provisions Requirements: C1 zone Planning analysis Requirements: C1 zone Not on land that is a highway or street Not less than 6 metres width, reduced to 3 metres where a berm or opaque fence, 2 metres in height are constructed N/A (defaults to Site Plan Guide) Not less than 2.5 m. width and 17 sq. m. area Report PLAN Nichol Application D Page 6 of 8 Requirements: C1-S** zone Requirements: C1-S** zone Internal to the main building No landscape buffer is requested 3.6 m. width; 5.5 m. length; 19.8 sq. m. area 2.75 m. width; 5.80 m. length; sq. m. area Access Driveway N/A 3.0 m width A copy of the draft amendment provided in the PJR is attached as Appendix C. It should be noted that some of the requested provisions to be amended do not require amendment, such as lot area and frontage, as the zone category does not provide minimums. Other requested amendments may affect how the site functions. For example, the loading door for the internal loading space is located in the street right-of-way. The accessible parking space is accessed via the street right-of-way, not from the on-site entrance/driveway. Currently, no access has been identified or provided to the existing garage. As such, Planning staff require further analysis of how the site will function comprehensively. As this may result in modifications to the site layout, additional development standard reliefs may be necessary, or some may be eliminated from the requested amendment. Zoning By-law compliance will be established through a full review of this application and the concurrent site plan application. Other Alternatives Considered: No other alternatives have been considered. Financial/Operation Impacts: There are no financial considerations unless Council s decision to adopt or its refusal to adopt the requested amendments are 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. 9

10 Report PLAN Nichol Application D Page 7 of 8 Relationship of Recommendations To The Strategic Plan: The Council Adopted Strategic Plan identifies these Strategic Goals: Goal 1 A Vibrant and Growing Economy Goal 2 An Exceptional Quality of Life Goal 3 A Healthy Environment This application aligns with all three strategic goals as it provides for a stronger more diversified economy, enhances tourism, improves walkability, and can utilize low impact development to retrofit the site. Review of Accessibility Implications of Any Development or Policy: There are no accessibility implications for the City. Accessible standards will be implemented through the Site Plan Agreement, and permits issued under the Ontario Building Code (OBC). Servicing Comments: The lot is connected to full municipal services within the Bobcaygeon municipal service area. Consultations: Notice of this application was circulated to persons within a 120 metre radius, agencies, and City Departments which may have an interest in the application. As of November 24, 2017, we have received the following comments: Agency Review & Public Comments: November 6, 2017 November 15, 2017 November 15, 2017 November 16, 2017 The Building Division has no concerns with this application. The Kawartha Region Conservation Authority (KRCA) has requested a copy of the topographic survey to confirm this property is located outside the regulated area. The Community Services Department has no concerns. The Engineering and Corporate Assets Department has reviewed the FSR and provided a list of requirements to be addressed. A copy of the comments have been attached as Appendix D. Development Services Planning Division Comments: The background information which has been submitted in support of the application has been circulated to the appropriate agencies and City Departments for review and comment. At this time, comments have not been 10

11 Report PLAN Nichol Application D Page 8 of 8 received from all circulated agencies and City Departments, and there are comments received which require addressing, prior to considering the request. Conclusion: In consideration of the comments and issues contained in this report, staff respectfully recommend that the proposed Zoning By-law Amendment application be referred back to staff for further review and processing until such time as comments have been received from all circulated agencies and City Departments, and that any comments and concerns have been addressed. Attachments: The following attached documents may include scanned images of appendixes, maps, and photographs. If you require an alternative format, please call Ian Walker, Planning Officer Large Developments, (705) extension Appendix A Location Map PLAN Appendix A.pdf Appendix B Zoning By-law Amendment Concept Sketch PLAN Appendix B.pdf Appendix C Requested Amendment to Zoning By-law PLAN Appendix C.pdf Appendix D Engineering Comments PLAN Appendix D.pdf Department Head Department Head: Department File: cmarshall@kawarthalakes.ca Chris Marshall, Director, Development Services D

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22 The Corporation of the City of Kawartha Lakes Date: December 6, 2017 Time: 1:00 p.m. Place: Council Chambers Regular Meeting Ward Community Identifier: Planning Committee Report Report Number PLAN Subject: An application to amend the Town of Lindsay Zoning By-law to change the zone category to allow for a five (5) storey Independent Senior s Apartment Building on the eastern portion of the property identified as 84 Adelaide Street South, Lindsay (Lindsay Retirement Home GP Ltd.) Author and Title: Ian Walker, Planning Officer Large Developments Recommendation(s): RESOLVED THAT Report PLAN , Plan 8P, Part of Park Lot K, 57R- 7336, Part of Part 1, Former Town of Lindsay, Lindsay Retirement Home GP Ltd. Application D , be received; THAT the zoning by-law amendment respecting application D , substantially in the form attached as Appendix C to Report PLAN , be approved and adopted by Council; THAT in accordance with Section 34(17) of the Planning Act, Council having considered the change to the proposed Zoning By-law Amendment deems no further public notice to be necessary; and THAT the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this application. Department Head: Legal/Other: Chief Administrative Officer: 22

23 Background: Report PLAN Lindsay Retirement Home GP Ltd. Application D Page 2 of 11 The statutory public meeting was held by the Planning Advisory Committee on September 13, 2017 and following resolution was passed: PC Moved By Councillor Veale Seconded By M. Barkwell RECOMMEND THAT Report PLAN , Plan 8P, Part of Park Lot K, 57R-7336, Part of Part 1, Former Town of Lindsay, Lindsay Retirement Home GP Limited Application D , be received; and THAT Report PLAN respecting Application D be referred back to staff to address any issues raised through the public consultation process and for further review and processing until such time that all comments have been received from all circulated agencies and City departments and that any comments and concerns have been addressed. CARRIED This report addresses that direction. The applicant submitted a Zoning By-law Amendment application to change the zone category from the Future Residential (FR) Zone to the Residential High Rise One Special Nine (RH1-S9) Zone on the eastern portion of this property. The intent of the change is to facilitate the construction of a 90 unit five (5) storey independent senior s residential apartment building on the portion of the property subject to this application. The RH1-S9 zone is specific to the western portion of this property, and permits only a Senior Citizens Home and an accessory convenience retail and/or personal service establishment. This portion of the site is developed with a 125 unit four (4) storey Senior Citizens Home which was constructed circa Owner: Applicant: Lindsay Retirement Home GP Limited Lindsay Retirement Home GP Limited Andy Bicanic Legal Description: Plan 8P, Part of Park Lot K, 57R-7336, Part of Part 1, former Town of Lindsay Designation: Zone: Lot Area: Site Servicing: Residential on Schedule A of the Town of Lindsay Official Plan Future Residential (FR) Zone on Schedule A of the Town of Lindsay Zoning By-law No ha. [6.04 ac. MPAC], of which approximately 1.25 ha is currently contemplated for the development Municipal sanitary sewer, storm sewer and water supply 23

24 Existing Uses: Adjacent Uses: Report PLAN Lindsay Retirement Home GP Ltd. Application D Page 3 of 11 Adelaide Place Retirement Community, Vacant Land North: Clancy s Service Centre, Low Density Residential East: Albert St. S., Hamilton Park, Vacant Residential South: Unopened George St. Road Allowance, Trinity Auto Sales & Service, Low Density Residential West: Adelaide St. S., Vacant Residential Rationale: The property is located between Adelaide Street South and Albert Street South, to the south of Bay Street, in Lindsay. See Appendix A. It contains an existing Senior Citizens Home on the western portion of the property, with associated parking on the south side of the building. The proposed development is an independent seniors apartment building located on the eastern portion of the site, with associated parking to the north of the proposed building. The second storey of the proposed building will link to the first storey of the existing building via a one storey structure. See Appendix B. The original application seeks to add the RH1-S9 zone to the remainder of the lot, and amend the provisions to facilitate the new development. As this is a new site-specific development with different standards from the original building, the site will function better with a new exception zone for the eastern portion of the lot, with each exception zone tailored to the specific developments on each portion of the lot. The two exception zones will complement each other, and will function as one complete site. Staff has reviewed the Planning Justification Report (PJR) and accompanying documents filed in support of the proposed zoning by-law amendment. The Engineering and Corporate Assets Department have reviewed the Functional Servicing Report & Stormwater Management Report (FSR & SWM) and the Traffic Impact Study (TIS) filed in support of this application. Provincial Policies: Growth Plan for the Greater Golden Horseshoe, 2017: The Growth Plan (GP) provides that growth should be directed towards settlement areas, and utilizes existing or planned infrastructure. The proposed development is located within the urban settlement of Lindsay. The development will be serviced by the existing municipal roads, sewage, water and stormwater services. The GP envisions increasing intensification of the existing built-up area. This application facilitates the efficient use of existing building stock within a designated settlement area. Therefore, this application conforms to the policies of the Growth Plan. 24

25 Provincial Policy Statement, 2014 (PPS): Report PLAN Lindsay Retirement Home GP Ltd. Application D Page 4 of 11 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 to manage and direct land use to achieve efficient and resilient development and land use patterns. Settlement areas are the focus of growth, including redevelopment which utilizes existing or planned infrastructure. Development and site alteration shall be directed in accordance with the policies of Section 2 and 3 of the PPS. The proposed development is not within or adjacent to any natural heritage features or species at risk (SAR) as 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 policies of the PPS. Trent Source Protection Plan (TSPP): The property is located within the Kawartha-Haliburton source protection area. Part of the property is located within a surface water intake protection zone for the municipal drinking water system for Lindsay, within the Intake Protection Zone 2 (IPZ-2) for the Lindsay municipal surface water system. Therefore, the applicant was required to obtain a Section 59.(2) Notice under the Clean Water Act (2006), prior to submission of this application. Official Plan Conformity: The lot is designated Residential on Schedule A of the Town of Lindsay Official Plan (OP). This designation permits all types of residential uses and densities. High density residential uses include apartment buildings and other residential buildings in excess of four storeys in height. The density shall not exceed 125 units per gross hectare (units/gh). The proposed density of this development is 88 units/gh for the entire site.in this designation, a small commercial facility may be located on the ground floor of a high density residential building, to serve the residents of the building and complex. Senior citizen s homes are permitted in residential areas in accordance with the medium density provisions of the OP. The PJR notes that this building is characterized by the high density provisions of the OP, and given that the use is for an apartment building tailored to seniors, it should be considered in the context of an apartment building. Planning staff accept this rationale. High density residential development is subject to site plan control. The applicant has concurrently submitted an application for site plan control, which is under review. A number of criteria must be met, including, but not limited to: 25

26 Report PLAN Lindsay Retirement Home GP Ltd. Application D Page 5 of 11 Height and massing of the buildings at the edge of the development shall have regard to the height and massing of the buildings in any adjacent low density residential area; The development shall have direct access to a collector road where possible; A report on the adequacy of the road network to accommodate the expected traffic flows, and adequacy of water and sewer services shall be prepared by the applicant and approved by the City Engineer; and The water mains and sanitary sewers shall be capable of accommodating the development, or the developer commits to extend services at no expense to the municipality. As part of the rezoning, a holding provision will be applied until such time as sewage capacity is available for occupancy of the building. As noted above, a Functional Servicing Report (FSR) and Traffic Impact Study (TIS) have been submitted and circulated for review. The reports indicate the existing municipal infrastructure can accommodate the proposed 90 unit development. On this basis, this application conforms to the policies of the OP. Zoning By-Law Compliance: The applicant has submitted a Zoning By-law Amendment application for consideration, to change the zoning on the property. The developed portion of the lot is zoned Residential High Rise One Special Nine (RH1-S9) Zone, and the vacant portion of the lot is currently zoned Future Residential (FR) Zone in the Town of Lindsay Zoning By-law The amended application will apply a new exception zone to the eastern portion of the lot, to recognize the sitespecific development standards which will apply to the new development. The proposed change will implement a site-specific Residential High Rise One Special Thirteen (RH1-S13) Zone for the new development, and amend the RH1-S9 zone provisions to incorporate the link between the two developments. The site specific development standards for the new RH1-S13 zone as follows: Development Standard Definition of Independent Seniors Apartment Building Requirements: RH1 zone None Requirements: RH1-S13 zone Means A building in which ten or more apartments are provided for rent on a monthly or yearly basis, where apartment suites have full kitchens, and where common amenity space and areas are provided for seniors who reside therein. 26

27 Report PLAN Lindsay Retirement Home GP Ltd. Application D Page 6 of 11 Development Standard Requirements: RH1 zone Requirements: RH1-S13 zone Minimum lot frontage 45.0 m m. exceeds minimum no provision included (default to RH1 zone) Minimum front yard setback Minimum exterior side yard setback (south) Minimum interior side yard setback (north) Minimum rear yard setback 12.0 m m. exceeds minimum provided 20.0 m. provision 3.0 m. for each storey (15.0 m. total) 2.5 m. for each storey (12.5 m. total) 8.0 m. provided provision 39.7 m. exceeds minimum provided 38.0 m. provision 12.0 m m. for main building exceeds minimum 0.0 m. for 1 storey link provided provision Maximum building height 18.0 m m. for main building provided 18.5 m. provision 20.5 m. for mechanical room Maximum lot coverage 25% 31% - exceeds minimum provided provision Maximum gross floor area as % of lot area 150% 100% does not exceed maximum Minimum lot area No minimum listed 12,800.0 sq. m. applied, similar to RH1-S9 zone Maximum density 125 dwelling units per gross hectare Minimum landscaped open space Minimum distance between two apartment buildings or an apartment building and a multiple attached dwelling unit on the same or adjacent lot shall be equal to the average height of the two adjacent buildings 88 dwelling units per gross hectare for entire site provided provision for RH1-S13 zone 90 dwelling units 40% 45.5% for entire site exceeds minimum 17.0 m. (average between 14.0 m. Senior Citizens Home and 20.0 m. Independent Seniors Apartment Building) 36.4 m. exceeds minimum; A provision is included that this requirement does not apply to 1 storey link between buildings. 27

28 Development Standard Minimum distance between an apartment building and a single, semi-detached, duplex or triplex dwelling unit on an adjacent lot shall be equal to the height of the apartment building Lot Line, Front Report PLAN Lindsay Retirement Home GP Ltd. Application D Page 7 of 11 Requirements: Requirements: RH1 zone RH1-S13 zone 20.0 m. > 28.0 m. exceeds minimum; Provision changes apartment building to Independent Seniors Apartment Building. Shortest lot line, which is Adelaide Street South Albert Street South As noted above, the RH1-S9 provisions must be amended to incorporate the link between the two developments. The amended development standards for the RH1-S9 zone as follows: Development Standard Minimum lot frontage Minimum front yard setback Minimum exterior side yard setback (south) Minimum interior side yard setback (north) Minimum rear yard setback Maximum building height Current Standards: Amended Standards: RH1-S9 zone RH1-S9 zone 45.0 m. same as 94.2 m. exceeds RH1 zone minimum removed standard from RH1- S9, defaults to RH1 zone 9.5 m. 9.5 m. keep standard 20.0 m m. keep standard 8.0 m. 8.0 m. keep standard 12.0 m m. for main building keep standard 0.0 m. for 1 storey link provided new provision 4 storeys 14.0 m. amended provision to recognize existing m. constructed structure Maximum lot coverage 24% 25% meets minimum, allows for connecting link provided provision Maximum gross floor 150% 150% keep standard area as % of lot area Minimum lot area 11,600 sq. m. 11,600.0 sq. m. keep standard Maximum density 125 dwelling units per 88 dwelling units per 28

29 Development Standard Parking Spaces Minimum distance between two apartment buildings or an apartment building and a multiple attached dwelling unit on the same or adjacent lot shall be equal to the average height of the two adjacent buildings Lot Line, Front Report PLAN Lindsay Retirement Home GP Ltd. Application D Page 8 of 11 Current Standards: RH1-S9 zone gross hectare One (1) parking space shall be required for every two rooms of lodging Minimum distance between a Senior Citizens Home and a single, semi-detached, duplex or triplex dwelling unit on an adjacent lot shall be equal to the height of the building Shortest lot line, which is Adelaide Street South Amended Standards: RH1-S9 zone gross hectare for entire site provided provision for RH1-S9 zone 125 senior citizen home units (1 unit treated as 0.5 dwelling units) One (1) parking space shall be required for every two rooms of lodging keep standard Minimum distance between a Senior Citizens Home and a single, semi-detached, duplex or triplex dwelling unit on an adjacent lot shall be equal to the height of the building keep provision Adelaide Street South The proposed concept of the new development has not changed since the application was submitted. Through a full zoning compliance review, additional minor development standards have been identified which require relief in the proposed respective zone categories. Section 34(17) of the Planning Act permits Council to consider changes to a proposed Zoning By-law after the holding of a public meeting and determine whether any further notice is to be given. lf Council decides that the proposed change to the Zoning By-law is minor, a further public meeting is not required. Council's decision as to the giving of further notice is final and not subject to review in any court. The RH1-S9 and RH1-S13 exception zones would recognize site-specific development standards for each development on the lot, and all other provisions of the RH1 zone will apply. Other Alternatives Considered: No other alternatives have been considered. Financial/Operation Impacts: 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 29

30 Report PLAN Lindsay Retirement Home GP Ltd. Application D Page 9 of 11 Board. In the event of an appeal, there would be costs, some of which may be recovered from the applicant. Relationship of Recommendation(s) To The Strategic Plan: The Council Adopted Strategic Plan identifies these Strategic Goals: Goal 1 A Vibrant and Growing Economy Goal 2 An Exceptional Quality of Life Goal 3 A Healthy Environment This application aligns with the exceptional quality of life strategic goal as it enhances access to community health services. Review of Accessibility Implications of Any Development or Policy: There are no accessibility implications for the City. The accessibility standards established in 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 following recommendation was adopted by Council: RESOLVED THAT Report WWW , Lindsay Capacity Study Action Plan Summary, be received; THAT Council endorses the finding of the Capacity Report and direct staff to implement the recommendations of the assessment through future capital initiatives; THAT the scope of WW Lindsay Wastewater Collection / SPS Capacity be expanded to include an Environmental Assessment to address capacity constraints at the Colborne Street Sanitary Pumping Station; and THAT Council recognize the capacity constraints on the Colborne Street Sanitary Pumping Station and direct staff to limit development within the Colborne Street Sewer Shed area to pre-approved development allocation until the capacity restriction can be properly addressed. CARRIED This property is located in the Colborne Street Sanitary Pumping Station, and as such, sewer capacity on this lot is subject to Council Resolution above. This lot will be serviced by full municipal water and sanitary services, however based on the above resolution, staff are directed to limit development or redevelopment of this property to pre-approved development allocation, until the 30

31 Report PLAN Lindsay Retirement Home GP Ltd. Application D Page 10 of 11 capacity restriction is addressed. To satisfy this concern, a holding (H) provision has been placed on the zoning, until the capacity issue has been addressed. Consultations: Notice of this application was circulated to persons within a 120 metre radius, agencies, and City Departments which may have an interest in the application. As of November 24, 2017, we have received the following comments: Agency Review & Public Comments: August 21, 2017 August 25, 2017 August 31, 2017 November 15, 2017 November 22, 2017 The Building Division has no concerns with this application. Al Ruggero, Director of Land Development for Rexton Developments Ltd. advised by that they wish to be notified of the decision on this application. Cam Findley advised by phone that he has no objection to this application, and requested a larger copy of the site plan for viewing. The Community Services Department has no concerns or comments. The Engineering and Corporate Assets Department advised they have no objection to the rezoning. All requirements and/or comments will be addressed through the concurrent site plan submission. Development Services Planning Division Comments: The appropriate background information which has been submitted in support of this application has been circulated to the appropriate agencies and City Departments for review and comment. The application conforms to the 2017 Growth Plan and is consistent with the 2014 Provincial Policy Statement. Conformity with the City s Official Plan has also been demonstrated. The rezoning will facilitate the development of a ninety (90) unit five (5) storey Independent Seniors Apartment Building with a one (1) storey link to the existing Senior Citizen s Home on the same lot. All other zoning provisions within the RH1 zone will be maintained. Conclusion: In consideration of the comments and issues contained in this report, Staff respectfully recommends that the proposed Zoning By-law Amendment application be referred to Council for APPROVAL. 31

32 Attachments: Report PLAN Lindsay Retirement Home GP Ltd. Application D Page 11 of 11 The following attached documents may include scanned images of appendixes, maps, and photographs. If you require an alternative format, please call Ian Walker, Planning Officer Large Developments, (705) extension Appendix A Location Map PLAN Appendix A.pdf Appendix B Overall and Enlarged Site Plans Drawings SP101 and SP102 PLAN Appendix B.pdf Appendix C Draft Zoning By-law Amendment PLAN Appendix C.pdf Department Head Department Head: cmarshall@kawarthalakes.ca Chris Marshall, Director, Development Services Department File: D

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40 The Corporation of the City of Kawartha Lakes Date: December 6 th, 2017 Time: 1:00 p.m. Place: Council Chambers Ward Community Identifier: 11 Planning Committee Report Report Number ENG Subject: Assumption Report for Trails of the Kawarthas Subdivision Phases 3 and 4, Geographic Township of Ops, City of Kawartha Lakes Author/Title: Christina Sisson, Supervisor Development Engineering Recommendation(s): RESOLVED THAT Report ENG , Assumption Report for Trails of the Kawarthas Subdivision Phases 3 and 4, Geographic Township of Ops, City of Kawartha Lakes, be received; THAT the Assumption of Trails of the Kawarthas Subdivision Phases 3 and 4, Geographic Township of Ops, City of Kawartha Lakes, be approved; THAT an Assumption By-Law, substantially in the form attached as Appendix A to Report ENG be approved and adopted by Council; and THAT the Mayor and City Clerk be authorized to execute any documents and agreements required by the approval of this application. Department Head: Legal / Other: Chief Administrative Officer: 40

41 ENG Assumption of Trails of the Kawarthas Subdivision Phases 3 and 4 Page 2 of 5 Background: The City of Kawartha Lakes entered into a Subdivision Agreement with Ontario Inc. for the subdivision known as Trails of the Kawarthas Phase 3 in November 2007 and for the subdivision known as Trails of the Kawarthas Phase 4 in July Further to a request from Mr. Greg DeFreitas, President of Ontario Inc., the Engineering & Corporate Assets Department is recommending formal assumption of the roads within Phases 3 and 4 of the Trails of the Kawarthas Subdivision. The servicing and the final lift of asphalt for the subdivisions were completed, deficiencies rectified, and inspected to the satisfaction of the Engineering Department. Security releases have occurred. A formal by-law is required for formal assumption. The placement of top course asphalt and final repairs is subject to a minimum one year maintenance period in accordance with the registered Subdivision Agreements. The top course was placed in the fall of 2013 and a 2 year warranty period was placed based on the repairs required to be completed. Subsequent inspections in 2016 and 2017 have confirmed that in accordance with the registered Subdivision Agreement, all public services are eligible for assumption. Phases 3 and 4 of the Trails of the Kawarthas Subdivision included the construction of Cook Street, Power Court, and McQuarrie Road to full urban standards with all urban services. The City, pursuant to the Subdivision Agreement, is now obliged to assume the roads shown as Cook Street, Plan 57M-779, PIN: (LT) and, 57M- 793, PIN: (LT), Power Court, Plan 57M-779, PIN: (LT), and McQuarrie Road, Plan 57M-779, PIN: (LT) and PIN: A copy of Plan 57M-779 has been attached as Appendix B, and Plan 57M-793 is attached as Appendix C. In addition, the trail extended through Phases 3 and 4 of the Trails of the Kawarthas Subdivision will be assumed and was dedicated as Blocks 52 through 55, Plan 57M-779 for Phase 3 and Blocks 16 and 17, Plan 57M-793 for Phase 4. The trail sections and corresponding 0.3 metre reserves are listed below: Phase 3, Plan 57M-779: Trail: Block 52, PIN: (LT), Block 53, PIN: (LT), Block 54, PIN: (LT), and Block 55, PIN: (LT) 0.3 Metre Reserves: Block 56, PIN: (LT), Block 57, PIN: (LT), Block 58, PIN: (LT), Block 59, PIN: (LT), 41

42 ENG Assumption of Trails of the Kawarthas Subdivision Phases 3 and 4 Page 3 of 5 Block 60, PIN: (LT), Block 61, PIN: (LT), and Block 62, PIN: (LT) Phase 4, Plan 57M-793: Trail: Block 16, PIN: (LT) and Block 17, PIN: (LT) 0.3 Metre Reserves: Block18, PIN: (LT) and Block 19, PIN: The stormwater management pond block dedicated through the first phase of the subdivision will remain unassumed until such time as the Owner/Engineer finalizes all of the requirements for the assumption, operations and maintenance, and Ministry of the Environment and Climate Change requirements. Rationale: The services in this development have been constructed and installed according to the plans and specifications as outlined in the Subdivision Agreement. Staff carried out inspections of this subdivision. To date, all deficiencies have been corrected, and the roads are now in a condition to be assumed. The Owner has requested assumption of the Public Services. The Engineer has certified the Public Services and grading. There is an outstanding planning matter with respect to the zoning and the construction of decks that occurred through the build out of homes. The site specific zoning being considered for creation is to permit an open uncovered deck structure equal to or greater than 0.6 metres in height with a maximum height of 3.0 metres to extend not more than 4.25 metres into a rear yard setback. The grading has been certified, and there are no further engineering issues related to the zoning requirement. Other Alternatives Considered: Council could decide not to proceed with assumption of the roads identified; however, this would not be consistent with our commitment through the Subdivision Agreements previously supported and is therefore, not recommended or supported by staff. Financial Considerations: The security for this subdivision has been reduced in compliance with the previous statutory declarations and works completed to date as per the registered subdivision agreement. Currently, the City holds approximately 42

43 ENG Assumption of Trails of the Kawarthas Subdivision Phases 3 and 4 Page 4 of 5 $145, in security for Phase 3 and $35, for Phase 4 and a further $10, for the stormwater management pond. The City will retain a total of $25, for the pond to ensure compliance with the Certificate of Approval requirements and conditions issued by the Ministry of the Environment and to ensure the technical operations and maintenance package is submitted to the City for ultimate assumption of the stormwater management pond. Upon assumption of the Subdivision, the City will be responsible for the general maintenance of the streets and services (in addition to services already provided), and associated funds will need to be allocated in future budgets. Relationship of Recommendation(s) To Strategy Map: The City s Strategic Plan outlines the strategic goals of a vibrant and growing community, an exceptional quality of life, and a healthy environment. This application aligns by offering new residents with the development of housing options that have connectivity and walkability. The stormwater management pond provides water quality control to protect the downstream receiver, the Scugog. Review of Accessibility Implications of Any Development or Policy: The Subdivision has been completed to the City s standards at the time of execution of the Agreement and to the accessibility standards required at the time of implementation of the sidewalk completion following the Ontario Provincial Standard. Servicing Comments: The Subdivision has been serviced in accordance with the approved design. This Subdivision consists of approximately 38.4 metres of 300 mm diameter PVC storm sewer, metres of 375 mm diameter PVC storm sewer, 100 metres of 450 mm diameter PVC storm sewer, 96.4 metres of 525 mm diameter PVC storm sewer, and metres of 600 mm diameter PVC storm sewer, metres of 200 mm diameter PVC sanitary sewer, 523 metres of 200 mm diameter watermain, 138 metres of 50 mm diameter watermain, and approximately 489 metres of asphalt road. Consultations: Building Division Finance Division 43

44 Parks, Recreation and Culture Division Planning Division Public Works Department ENG Assumption of Trails of the Kawarthas Subdivision Phases 3 and 4 Page 5 of 5 Attachments: Appendix A - Draft Assumption By-Law DRAFT2017-XXX To Assume Cook Street P Appendix B - Plan 57M-779 Plan of Subdivision, Trails of the Kawarthas Phase M-779 Registered as Appendix C Plan 57M-793 Plan of Subdivision, Trails of the Kawarthas Phase M-793 Registered as Phone: (705) Extension. 1152, Extension csisson@kawarthalakes.ca Department Head: Juan Rojas, Director of Engineering & Corporate Assets Department File: D

45 The Corporation of the City of Kawartha Lakes By-law 2017-XXX A By-law to Assume Cook Street, Plan 57M-779 (PIN: (LT)) and Plan 57M-793 (PIN: (LT)), Power Court, Plan 57M-779 (PIN: (LT)), and McQuarrie Road, Plan 57M-779 (PINs: (LT) and (LT)) and Trail Blocks 52 to 55, both inclusive, Plan 57M- 779, (PINs: (LT), (LT), (LT), and (LT)), and Corresponding 0.3 Metre Reserves, Blocks 56 to 62, both inclusive, Plan 57M-779, (PINs: (LT), (LT), (LT), (LT), (LT), (LT), (LT)) and Trail Blocks 16 and 17, Plan 57M-793m (PINs: (LT) and (LT)), and Corresponding 0.3 Metre Reserves (PINs: (LT) and (LT)), Plan 57M-793, Geographic Township of Ops, The Corporation of the City of Kawartha Lakes Recitals 1. Subsection 31(4) of the Municipal Act, 2001 authorizes Council to assume unopened road allowances or road allowances shown on registered plans of subdivision for public use, by by-law. 2. Council now deems it desirable to assume Cook Street, Power Court, and McQuarrie Road, Plan 57M-779, and Cook Street, Plan 57M-793, Geographic Township of Ops, the Corporation of the City of Kawartha Lakes as public highways in the City of Kawartha Lakes. 3. Council now deems it desirable to assume the Trail and corresponding 0.3 metre reserves, Blocks 52 to 55, both inclusive, and Blocks 56 to 62, both inclusive, Plan 57M-779 and Blocks 16 and 17 and Blocks 18 and 19, Plan 57M-793, in the City of Kawartha Lakes. Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law 2017-XXX. Section 1.00: Definitions and Interpretation 1.01 Definitions: In this by-law, City, City of Kawartha Lakes or Kawartha Lakes means The Corporation of the City of Kawartha Lakes. "City Clerk" means the person appointed by Council to carry out the duties of the clerk described in section 228 of the Municipal Act, 2001; Council or City Council means the municipal council for the City Interpretation Rules: (a) (b) The Schedules attached to this by-law form part of the by-law, and are enforceable as such. The words include and including are not to be read as limiting the meaning of a word or term to the phrases or descriptions that follow Statutes: References to laws in this by-law are meant to refer to the statutes, as amended from time to time, which are applicable within the Province of Ontario Severability: If a court or tribunal of competent jurisdiction declares any portion of this by-law to be illegal or unenforceable, that portion of this by-law shall be considered to be severed from the balance of the by-law, which shall continue to operate in full force and effect. 45

46 Section 2.00: Assumption of Services 2.01 Assumption: The following highways and trail are assumed by the City: a) The roads known as Cook Street, Power Court, and McQuarrie Road, Plan 57M- 779, and Cook Street, Plan 57M-793, Geographic Township of Ops, City of Kawartha Lakes. b) The Trail, Blocks 52 to 55, both inclusive, and corresponding 0.3 metre reserves Blocks56 to 62, both inclusive,plan 57M-779, and Blocks 16 and 17, and corresponding 0.3 metre reserves, Blocks 18 and 19, Plan 57M-793, Geographic Township of Ops, City of Kawartha Lakes. Section 3.00: Effective Date 3.01 Effective Date: This By-law shall come into force on the date it is finally passed. By-law read a first, second and third time, and finally passed, this day of, Andy Letham, Mayor Cathie Ritchie, City Clerk 46

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49 The Corporation of the City of Kawartha Lakes Date: December 6 th, 2017 Time: 1:00 p.m. Place: Council Chambers Ward Community Identifier: 11 Planning Committee Report Report Number ENG Subject: Assumption Report for Arbour Way Subdivision, Geographic Town of Lindsay, City of Kawartha Lakes Author/Title: Christina Sisson, Supervisor Development Engineering Recommendation(s): RESOLVED THAT Report ENG , Assumption Report for Arbour Way Subdivision, Geographic Town of Lindsay, City of Kawartha Lakes, be received; THAT the Assumption of Arbour Way Subdivision, Geographic Town of Lindsay, City of Kawartha Lakes, be approved; THAT an Assumption By-Law, substantially in the form attached as Appendix A to Report ENG be approved and adopted by Council; and THAT the Mayor and City Clerk be authorized to execute any documents and agreements required by the approval of this application. Department Head: Legal / Other: Chief Administrative Officer: 49

50 ENG Assumption of Arbour Way Subdivision Page 2 of 5 Background: The City of Kawartha Lakes entered into a Subdivision Agreement with Wilson Developments (Lindsay) Inc. for the subdivision known as Arbour Way in Lindsay in October Further to a request from Mr. Mark Wilson, the Engineering & Corporate Assets Department is recommending formal assumption of the road known as Green Arbour Way within the Arbour Way Subdivision. The servicing and the final lift of asphalt for the development were completed and inspected to the satisfaction of the Engineering Division, and security releases have occurred. A formal by-law is required for formal assumption. The placement of top course asphalt and final repairs is subject to a minimum one year maintenance period in accordance with the registered Subdivision Agreement. The top course was placed in July 2014, and repairs were conducted following an inspection in February Following the repairs and confirmation of the works, the maintenance period ends in December The latest inspections this fall have confirmed the road and public services are eligible for assumption. The Arbour Way Subdivision included the construction of Green Arbour Way to full urban standards with all urban services and a stormwater management pond (Block 21, Plan 57M-788). The pond will not be assumed at this time. The City, pursuant to the Subdivision Agreement, is now obliged to assume the road shown as Green Arbour Way, Plan 57M-788, PINs: (LT), (LT), and (LT). A copy of Plan 57M-788 has been attached as Appendix B. Rationale: The services in this development have been constructed and installed according to the plans and specifications as outlined in the Subdivision Agreement. Staff carried out inspections of this subdivision. To date, all deficiencies have been corrected, and the road is now in a condition to be assumed. The Owner has requested assumption of the Public Services. The Engineer has certified the Public Services and grading. The Owner is not requesting assumption of the stormwater management pond at this time, as the plan is to use the existing pond for additional temporary sediment and erosion control during additional development of the condominium block and the lands to the north of Green Arbour Way. The Owner will be providing an update on the pond maintenance and monitoring as required 50

51 ENG Assumption of Arbour Way Subdivision Page 3 of 5 through the approval with the Ministry of the Environment prior to the City assuming the pond. Other Alternatives Considered: Council could decide not to proceed with assumption of the road identified; however, this would not be consistent with our commitment through the Subdivision Agreement previously supported and is therefore, not recommended or supported by staff. Financial Considerations: The security for this subdivision has been reduced in compliance with the previous statutory declarations and works completed to date as per the registered subdivision agreement. The Owner has posted on the Daily Commercial News to comply with the required 45 day notice for the standard statutory declaration and the Construction Lien Act. The City will not reduce securities until the completion of the 45 days. The City will continue to hold $25, for security for the stormwater management pond block until such time as all works proposed to drain to the pond during construction are completed, and the Owner/Engineer has complied with all of the requirements for assumption, operation and maintenance, and Ministry of the Environment and Climate Change conditions. Upon assumption of the Subdivision, the City will be responsible for the general maintenance of the street and services (in addition to services already provided), and associated funds will need to be allocated in future budgets. Relationship of Recommendation(s) To Strategy Map: The City s Strategic Plan outlines the strategic goals of a vibrant and growing community, an exceptional quality of life, and a healthy environment. This application aligns by offering new residents with the development of housing options that have connectivity and walkability. The stormwater management pond provides water quality control to protect the downstream receiver, the Scugog. Review of Accessibility Implications of Any Development or Policy: The Subdivision has been completed to the City s standards at the time of execution of the Agreement and to the accessibility standards required at the 51

52 ENG Assumption of Arbour Way Subdivision Page 4 of 5 time of implementation of the sidewalk completion following the Ontario Provincial Standard updates. Servicing Comments: The Subdivision has been serviced in accordance with the approved design. This Subdivision consists of approximately 395 metres of 150 mm diameter PVC watermain, 370 metres of 200 mm diameter PVC sanitary sewer,331 metres of 900 mm diameter concrete storm sewer, 43 metres of 600 mm diameter concrete storm sewer, and approximately 370 metres of asphalt road. Consultations: Building Division Finance Division Parks, Recreation and Culture Division Planning Division Public Works Department Attachments: Appendix A - Draft Assumption By-Law 2017-XXX DRAFT By-Law to Assume Gre Appendix B - Plan 57M-788 Plan of Subdivision, Arbour Way Subdivision M-788 Registered as 52

53 ENG Assumption of Arbour Way Subdivision Page 5 of 5 Appendix C Assumption Request 2017 Request for Assumption - Arbour W Phone: (705) Extension 1152, Extension csisson@kawarthalakes.ca Department Head: Juan Rojas, Director of Engineering & Corporate Assets Department File: D

54 The Corporation of the City of Kawartha Lakes By-law A By-law to Assume Green Arbour Way, Plan 57M-788 (PINs: (LT), (LT), and (LT)) Geographic Town of Lindsay, The Corporation of the City of Kawartha Lakes Recitals 1. Subsection 31(4) of the Municipal Act, 2001 authorizes Council to assume unopened road allowances or road allowances shown on registered plans of subdivision for public use, by by-law. 2. Council now deems it desirable to assume Green Arbour Way, Plan 57M-788, Geographic Town of Lindsay, the Corporation of the City of Kawartha Lakes as public highways in the City of Kawartha Lakes. Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law Section 1.00: Definitions and Interpretation 1.01 Definitions: In this by-law, City, City of Kawartha Lakes or Kawartha Lakes means The Corporation of the City of Kawartha Lakes. "City Clerk" means the person appointed by Council to carry out the duties of the clerk described in section 228 of the Municipal Act, 2001; Council or City Council means the municipal council for the City Interpretation Rules: (a) (b) The Schedules attached to this by-law form part of the by-law, and are enforceable as such. The words include and including are not to be read as limiting the meaning of a word or term to the phrases or descriptions that follow Statutes: References to laws in this by-law are meant to refer to the statutes, as amended from time to time, which are applicable within the Province of Ontario Severability: If a court or tribunal of competent jurisdiction declares any portion of this by-law to be illegal or unenforceable, that portion of this by-law shall be considered to be severed from the balance of the by-law, which shall continue to operate in full force and effect. Section 2.00: Assumption of Services 2.01 Assumption: The following highway is assumed by the City: a) The road known as Green Arbour Way, Plan 57M-788, Geographic Town of Lindsay, City of Kawartha Lakes. Section 3.00: Effective Date 3.01 Effective Date: This By-law shall come into force on the date it is finally passed. By-law read a first, second and third time, and finally passed, this day of,

55 Andy Letham, Mayor Cathie Ritchie, City Clerk 55

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57 September 8,2017 City of Koworïho Lokes P.O. Box 9000 l2 Peel Street Lindsoy, ON K?V 318 Alfention: Ms. Christino Sisson, P.Eng. KAWARTHA LAKTS sep 1 I 2017 ENGINEERiNC Deor Ms. Sisson, Re: Arbour Villoge Subdivision City's Commenls to Securily Reduction Request dqted June 1't,2017 D.M. Wills Projecl No. l717 On beholf of our client, Wilson Developments (Lindsoy) lnc., further to your response letter doted June l'1, 20.l7, for the Arbour Woy Subdìvision, pleose find enclosed the requested oddiiionol documentotion: l. A letter of Certificotion thot oll fot groding is in conformity with the overoll lot groding plon, 2. Swing-tie records for Sonitory, Storm ond Woter services within the subdivision, 3. A Stotutory Declorotion for poyment of completed works, ond 4. An updoted Schedule 'D' of the Subdivision Agreement We offer the following responses to your comments provided on June I'1, 2017: Commenl o: Response o: Comment b: The Cify requires on odditionol letter of certificotion stomped, signed ond doted stoting thot oll lot groding is certified in conformity with the overoll lot groding plon prior to finol ossumpiion, in occordonce with Section 5.f of lhe registered ogreement. Pleose find enclosed o letter of certificotion for lot groding conformity. The City noted deficiencies on the CCTV Certificotion doted December 7,201ó including ponding, infiltrotion ond crocking in the 900 mm diometer concrete pipe. Therefore, odditionol comero work ond certifìcotion from,fu åql{iôlà r:j!l}: iiùí :t.'ll i\ù EtlrNLf ì3,l o'ìl ÀLi r io.5lil*-':, ß E \ : ll E: I S uf ÕtJ iâêtõ D.M. Wills Associotes Limited l5û Jomeson Drive. Peterborough, 57 Ontorio, Conodo K9J 089?. 7O F. 7O ó8 E. wills@dmwills.com..), "/Ø Prufsicnal fngireers {J t rrìc

58 w Ms. WILLS Christino Sisson, P.Eng. Poge 2 of 3 September 8,2017 D.M. Wills will be required prior to ossumption io determine the condition ond mognitude of the deficiencies. Response b: Commenl c: Response c: Comment d: Upon further review of the CCTV videos outlined in our Certificotion doted December 7t,201ó, we do not note deficiencies within the 900mm diometer concrete pipe which were not oddressed by the pipe monufocturer in the letter doted July ìsth, 201ó, which wos provìded to the City on September 28,201ó. We confirm thot our certificotion dqted December 7th,20l ó remoins current....therefore, the storm ond sonilory loierol tie downs will need to be submitted ond occepied by the City prior to ossumpiion. Pleose find enclosed the storm ond sonitory loterol iie downs for your review ond opprovol. Prior to ossumption, o finol inspection with Engineering sloff is required, including formol inspection of the sonitory structure on Adeloide. The City noted the receipt of the supporting informotion for the ospholt repoir in December 201ó with the one yeor moinfenonce commencing of thot time. Given the eorliest end of mointenonce dote of December 2017, we recommend on inspection dote be scheduled for September 2017 to ensure ossumption reports required for Council con be prepored in onlicipotion of thot dote. The City osks for oll supporting documentotion to be submitted for ossumption prior to the finol inspection in September. Response d: We request o finol inspection with Engineering Stoff, including formol ìnspection of the sonitory structure on Adelqide of your eorliest convenience. Commenf e: Response e: The City recommends retoining o 50% securily for the Siltotion Pond os well os for the Fencing ond Londscoping. Pleose find enclosed The Slotutory Declorqtion ond updoted Schedule 'D' which includes the security reduction volue being requested, including revised volues for the Siltotion Pond ond Fencing ond Londscoping. D.M. Wills Associates Limited 150 Jomeson Drive, Pelerborough. 58 Ontorio. Canodo KgJ 089 P. 7O F. 7A ó8 E. wills@dmwills.com

59 \X/ Ms. WILLS Christino Sisson, P.Eng Poge 3 of 3 September 8,2017 Commenl f: Response f: As per the Wotermoìn Commissioning Checklist ond the City's Stondords o trocer wire continuity test is required for the finol ossumption process. Wotermoin trocer wire wos not instolled within this development os it wos not o requirement within the City's Stondords of the time of construction. Comment g: Pleose submit on updoted Stotutory Declorolion in the otloched formot with the next submission. Response g: Pleose find enclosed the Stotutory Declorotion in the formot requested. On beholf of Wilson Developmenis (Lindsoy) lnc., we formolly request thot, subsequent to o finol inspection with Engineering stoff, Assumption of Public Services in occordonce with orticles h) ond i) of the Agreement. It is our understonding thot the foregoìng sotisfies oll the requirements of the City of Kowortho Lokes Engineering Division to reduce the volue of the Letter of Credit to 527, The retoined Letter of Credit corresponds to a 50% holdbqck of the siltotion pond volue, ond 50% holdbock of the Fencing ond Londscoping for the Pond, os the pond is not being requested for ossumption of this time. We frusi lhe obove is sotisfoctory for your purposes. Pleose feel free to confoct our office if you hove ony questions pertoining to the obove. Bob Poyne, CWB lll Construction Monoger Deb eoy, P.Eng. Municipol Deportment Monoger DK/BP/AH Encl. cc Mork Wilson, P.Eng, President, MVW Consfruction & Engineering lnc D.M. Wills Associotes Limiled 150 Jomeson Drive, Peterborough, 59 Ontorio, Canodo K9J 089? Í. 7 A óB E. wills@d mwills.com

60 The Corporation of the City of Kawartha Lakes Date: December 6 th, 2017 Time: 1:00 p.m. Place: Council Chambers Ward Community Identifier: 9 Planning Committee Report Report Number ENG Subject: Assumption Report for Springdale Gardens Subdivision - Phases 1a) and 1b), Geographic Township of Ops, City of Kawartha Lakes Author/Title: Christina Sisson, Supervisor Development Engineering Recommendation(s): RESOLVED THAT Report ENG , Assumption Report for Springdale Gardens Subdivision Phases 1a) and 1b), Geographic Township of Ops, City of Kawartha Lakes, be received; THAT the Assumption of Springdale Gardens Subdivision Phases 1a) and 1b), Geographic Township of Ops, City of Kawartha Lakes, be approved; THAT an Assumption By-Law, substantially in the form attached as Appendix A to Report ENG be approved and adopted by Council; and THAT the Mayor and City Clerk be authorized to execute any documents and agreements required by the approval of this application. Department Head: Legal / Other: Chief Administrative Officer: 60

61 ENG Assumption of Springdale Gardens Subdivision Phases 1a) and 1b) Page 2 of 5 Background: This property has been subject to several agreements since October 1959 (1969, 1974, and 1977) with the former Township of Ops and the County of Victoria. In 2005, the Owners, Springdale Gardens Properties Inc. entered into a Development Agreement with the City for Phase 1a) to refine the number of lots, servicing locations and design to match the road pattern established in earlier agreements. A similar Development Agreement for Phase 1b) was entered into in Overall stormwater management, primarily quantity control, was mentioned through the submissions of designs and reports with these agreements. The stormwater management has been addressed for these phases and a subsequent phase (Phase 2 currently under construction). Assumption of the stormwater management facilities is not being requested or recommended at this time. In addition, there are three lots on Springdale Drive that have been used throughout the developing of Phases 1a), 1b), and 2 for a temporary sediment and erosion control pond. The temporary pond will have to be decommissioned in accordance with provincial and municipal guidelines, sediment removed and disposed of appropriately, and filled prior to any construction of homes on the lots. Phases 3 and 4 to the north will require a separate plan and design for temporary sediment and erosion control. Further to various meetings, inspections, and discussions with representatives of Springdale Gardens Properties Inc. over the last six years about the completed Public Services for Phases 1a) and 1b), the Engineering & Corporate Assets Department is recommending formal assumption of the roads within Phases 1a) and 1b) of Springdale Gardens Subdivision. A formal by-law is required for formal assumption. Phases 1a) and 1b) of Springdale Gardens Subdivision included the construction and installation of infrastructure on Springdale Drive, Lamb Avenue, and Lawson Avenue to full urban standards with all urban services. The City, pursuant to the Development Agreements, is now obliged to assume the roads shown as Springdale Drive, Registered Plan 383, PIN: (LT), Lamb Street, Registered Plan 383, (PIN to be confirmed with the completed road through Phase 1a)), and Lawson Avenue, Registered Plan 383, (PIN to be confirmed with the completed road through Phase 1b)). This development pre-dates the M-plan process and the attached location plan is provided as Appendix B. 61

62 Rationale: ENG Assumption of Springdale Gardens Subdivision Phases 1a) and 1b) Page 3 of 5 The services in this development have been constructed and installed according to the plans and specifications as outlined in the Development Agreements. Staff carried out multiple inspections of this subdivision to confirm the underground and servicing deficiencies have been rectified. The top course of asphalt was placed in July The placement of top course asphalt is subject to a minimum one year maintenance in accordance with the registered Development Agreements. Repairs have not been conducted on this top course asphalt. There are longitudinal cracks in the surface that through investigation have been present since the top was placed. The geotechnical review conducted this fall recommended crack sealing. This month, the inspections have confirmed the deficiencies have been rectified. Given the length of time it has taken to have the deficiencies rectified and the winter season approaching, it is considered prudent to assume the roads at this time. The Owner has committed verbally to providing the cost of the crack sealing for the City to initiate in To date, the deficiencies have been corrected, save and except the top course asphalt cracks and intersection deficiencies with Phase 2. The Owner has requested assumption of the Public Services in these two phases and has committed to completion of the outstanding works through Phase 2. Other Alternatives Considered: Council could decide not to proceed with assumption of the roads identified; however, this would not be consistent with our commitment through the Development Agreements previously supported and is therefore, not recommended or supported by staff. Financial Considerations: The City is holding approximately $200, security for each of the phases proposed for assumption. The Owners have verbally committed to providing a payment of $ to the City to permit the City to have the cracks in the top course asphalt sealed and for an additional application should the first attempt fail. They have provided an estimate of $ for 2018 from Royel Paving (attached as Appendix C ). In addition, the City will continue to hold the security until receipt of a statutory declaration that confirms the completion of the 45 day notification in the Daily Commercial News as per the Construction Lien Act. The City will release the remaining security upon confirmation that all of the parties who have completed the recent repairs have been paid. 62

63 ENG Assumption of Springdale Gardens Subdivision Phases 1a) and 1b) Page 4 of 5 Upon assumption of the streets in the Subdivision, the City will be responsible for the general maintenance of the streets and services (in addition to services already provided), and associated funds will need to be allocated in future budgets. The City holds approximately $500, for Phase 2 and will not release any security until such time as the deficiencies in Phase 2 and at the intersection of Springdale Drive and Newton Avenue are rectified. All items listed as deficiencies will be documented, resolved, and certified through the consulting engineer. Relationship of Recommendation(s) To Strategy Map: The City s Strategic Plan outlines the strategic goals of a vibrant and growing community, an exceptional quality of life, and a healthy environment. This application aligns by offering new residents with the development of housing options and connectivity to existing parkland. Review of Accessibility Implications of Any Development or Policy: The Subdivision has been completed to the City s standards at the time of execution of the Agreements and to the accessibility standards required at the time of implementation of the sidewalk completion following the Ontario Provincial Standard. Servicing Comments: The Subdivision has been serviced in accordance with the approved design. These phases of the Subdivision consist of approximately 886 metres of 200 mm diameter PVC watermain, 73 metres of 150 mm diameter PVC watermain, 91.5 metres of 250 mm diameter PVC storm sewer, 112 metres of 300 mm diameter PVC storm sewer, 33 metres of 375 mm diameter PVC storm sewer, meters of 450 mm diameter PVC storm sewer, metres of 600 mm diameter storm sewer, 54 metres of 675 mm diameter PVC storm sewer, 56 metres of 975 mm diameter PVC storm sewer, metres of 200 mm diameter PVC sanitary sewer, and approximately 706 metres of asphalt road. Consultations: Finance Division Planning Division Public Works Department 63

64 Attachments: ENG Assumption of Springdale Gardens Subdivision Phases 1a) and 1b) Page 5 of 5 Appendix A - Draft Assumption By-Law 2017-XXX DRAFT By-Law to Assume Spr Appendix B - Springdale Gardens Subdivision- Phase 1a) and 1b) Location Plan - Springdale Gardens Ph Appendix C Springdale Gardens Royel Crack Sealing Quote Royel Paving Quote - Crack S Phone: (705) Extension. 1152, Extension csisson@kawarthalakes.ca Department Head: Juan Rojas, Director of Engineering & Corporate Assets Department File: D

65 The Corporation of the City of Kawartha Lakes By-law A By-law to Assume Springdale Drive, Registered Plan 383 (PINs: (LT) and the corresponding 0.3 metre reserve (LT), Lamb Avenue, Registered Plan 383, (PIN to be confirmed), and Lawson Avenue, Registered Plan 383, (PIN to be confirmed) Geographic Town of Lindsay, The Corporation of the City of Kawartha Lakes Recitals 1. Subsection 31(4) of the Municipal Act, 2001 authorizes Council to assume unopened road allowances or road allowances shown on registered plans of subdivision for public use, by by-law. 2. Council now deems it desirable to assume Springdale Drive, Lamb Avenue, and Lawson Avenue, Registered Plan 383, Geographic Township of Ops, the Corporation of the City of Kawartha Lakes as public highways in the City of Kawartha Lakes. Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-law Section 1.00: Definitions and Interpretation 1.01 Definitions: In this by-law, City, City of Kawartha Lakes or Kawartha Lakes means The Corporation of the City of Kawartha Lakes. "City Clerk" means the person appointed by Council to carry out the duties of the clerk described in section 228 of the Municipal Act, 2001; Council or City Council means the municipal council for the City Interpretation Rules: (a) (b) The Schedules attached to this by-law form part of the by-law, and are enforceable as such. The words include and including are not to be read as limiting the meaning of a word or term to the phrases or descriptions that follow Statutes: References to laws in this by-law are meant to refer to the statutes, as amended from time to time, which are applicable within the Province of Ontario Severability: If a court or tribunal of competent jurisdiction declares any portion of this by-law to be illegal or unenforceable, that portion of this by-law shall be considered to be severed from the balance of the by-law, which shall continue to operate in full force and effect. Section 2.00: Assumption of Services 2.01 Assumption: The following highways are assumed by the City: a) The road known as Springdale Drive, Registered Plan 383, Geographic Township of Ops, City of Kawartha Lakes. b) The road known as Lamb Avenue, Registered Plan 383, Geographic Township of Ops, City of Kawartha Lakes. c) The road known as Lawson Avenue, Registered Plan 383, Geographic Township of Ops, City of Kawartha Lakes. 65

66 Section 3.00: Effective Date 3.01 Effective Date: This By-law shall come into force on the date it is finally passed. By-law read a first, second and third time, and finally passed, this day of, Andy Letham, Mayor Cathie Ritchie, City Clerk 66

67 SPRINGDALE GARDENS 67

68 ROYEL PAVING A division of CRII Canada Group Inc. BOX 418 LINDSAY, ONTAR]O K9V 4S3 TELEPHONE z '7 i 3 FAX: PROPOSAT. A TD CONTRACT TO: Springdale Properties lnc. 51 Cambridge Street, N Lindsay, ON KgV 4C8 REF: DATE: PAGE: Q November 13,2017 1of1 ATTENTION: Barb Swain RE: PROJECT: Crack Sealing LOCATION dale Dr are to sub s proposalfor rn ng all, materials a equrp ment requ to perform the work described as follows: To supply all labour, equ pment and materials to: Number of cracks to be repaired as identified by the city of Kawartha Lakes = g Total 8 cracks X 8 metres (width of road) = 64 metres 64 m and allowance for extra cracks = g0 metres (270 ft) Clean/ rout cracks using rotary wire brush Blow cracks clean using mechanical blower. Supply and apply hot rubberize crack sealer. Approx. 270 $ Z.SO per ft $6T H.S. f, n Prices quoted for work to be done in 201gn ******Note all prices are subject to H.S.T.****** It is understood that the foregoing is an estimate of the quantities to be done and that payment shall be made at the stated unit prices on the actual quantities of work performed by the Company as determined upon completion of the work. lf the foregoing meets with your acceptance, kindly sign and return the original copy of our proposal which thereupon becomes a contract between us, _Uqon iis receipt, it is understood-the foëgoing, lnblüolf..fc fhf TERMS AND condltlons SET FORTH on THE REVERSE SIDE HEREoF, wii coñstitute the fuu and complete agreement between us. ACCEPTED BY: Yours Truly, ROYEL IN MARK DATE: PR G ALITY CONTROL 68