Planning and Protection Committee Action April 3 rd, 2018, following Physical Environment Committee Carleton Place Town Hall, Auditorium

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1 Planning and Protection Committee Action April 3 rd, 2018, following Physical Environment Committee Carleton Place Town Hall, Auditorium PRESENT: Mayor Antonakos, Deputy Mayor Flynn, Councillor Black, Councillor Redmond, Councillor Fritz, Councillor Doucett Staff: Diane Smithson, CAO, Duncan Rogers, Clerk, Stacey Blair, Deputy-Clerk, Les Reynolds, Director of Protective Services, Jane Almond, Planning Consultant 1) CALL TO ORDER The meeting was called to order at 7:07 p.m. 2) DECLARATION OF PECUNIARY/CONFLICT OF INTEREST None declared. 3) REGISTRATION OF PUBLIC WISHING TO SPEAK Those who spoke at the meeting registered with the Chair prior to the meeting, others wishing to speak were also given an opportunity to express their concerns. 4) COMMUNICATIONS (REPORTS) i. OWFC Monthly Activity Report (Communication ) Les Reynolds, Director of Protective Services Committee Decision: THAT the Director of Protective Services Report on the activities of the Ocean Wave Fire Company (OWFC) for the month of February 2018 be accepted as information. CARRIED - CONSENT ii. Part Lot Control for 1-3 Peever Place (Communication ) Committee Decision: THAT a By-law for the lifting of part lot control at 1-3 Peever Place be CARRIED CONSENT AND BY-LAW PREPARED

2 Planning and Protection Committee Action Report April 3, 2018 iii. Part Lot Control for 2-8 Peever Place (Communication ) Committee Decision: THAT a By-law for the lifting of part lot control at 2-8 Peever Place be CARRIED CONSENT AND BY-LAW PREPARED iv. Part Lot Control for 7-9 Peever Place (Communication ) Committee Decision: THAT a By-law for the lifting of part lot control at 7-9 Peever Place be CARRIED CONSENT AND BY-LAW PREPARED v. Part Lot Control for Peever Place (Communication ) Committee Decision: THAT a By-law for the lifting of part lot control at Peever Place be CARRIED CONSENT AND BY-LAW PREPARED vi. Part Lot Control for Peever Place (Communication ) Committee Decision: THAT a By-law for the lifting of part lot control at Peever Place be CARRIED CONSENT AND BY-LAW PREPARED vii. Part Lot Control for Peever Place (Communication ) Committee Decision:

3 Planning and Protection Committee Action Report April 3, 2018 THAT a By-law for the lifting of part lot control at Peever Place be CARRIED CONSENT AND BY-LAW PREPARED viii. Part Lot Control for Block 169 (Communication ) Committee Decision: THAT a By-law for the lifting of part lot control for Block 169 on Registered Plan 27M-81, be CARRIED CONSENT AND BY-LAW PREPARED ix. Part Lot Control for Ridell Street (Communication ) Committee Decision: THAT a By-law for the lifting of part lot control for Ridell Street, be CARRIED CONSENT AND BY-LAW PREPARED x. South Shore Landing (Communication ) Jane Almond, Planner Committee Decision: THAT the request to grant a Class IV Development for Phase IV of a mixeduse campus residential development for the South Shore Landing project on the DRS site be DENIED as it cannot meet or comply with the Town s Official Plan policies. At the request of the Mayor, a recorded vote was taken for Communication , South Shore Landing: Mayor Antonakos: Yay Deputy Mayor Flynn: Yay Councillor Black: Yay Councillor Doucett: Yay Councillor Fritz: Yay

4 Councillor Redmond: Yay Councillor Trimble: Absent Planning and Protection Committee Action Report April 3, 2018 The vote was declared as CARRIED by a vote of ) ADJOURNMENT The meeting adjourned at 8:55 p.m. CARRIED CONSENT

5 Planning and Protection Committee Agenda April 3 rd, 2018, following Physical Environment Committee Carleton Place Town Hall, Council Chambers Please silence all electronic devices. 1) CALL TO ORDER 2) DECLARATION OF PECUNIARY/CONFLICT OF INTEREST 3) REGISTRATION OF PUBLIC WISHING TO SPEAK 4) COMMUNICATIONS (REPORTS) i. OWFC Monthly Activity Report (Communication ) Les Reynolds, Director of Protective Services p4 Suggested Motion: THAT the Director of Protective Services Report on the activities of the Ocean Wave Fire Company (OWFC) for the month of February 2018 be accepted as information. ii. Part Lot Control for 1-3 Peever Place (Communication ) p6 Suggested Motion: THAT a By-law for the lifting of part lot control at 1-3 Peever Place be iii. Part Lot Control for 2-8 Peever Place (Communication ) p7 Suggested Motion: THAT a By-law for the lifting of part lot control at 2-8 Peever Place be iv. Part Lot Control for 7-9 Peever Place (Communication ) p8 Page 1 of 20

6 Suggested Motion: THAT a By-law for the lifting of part lot control at 7-9 Peever Place be v. Part Lot Control for Peever Place (Communication ) p9 Suggested Motion: THAT a By-law for the lifting of part lot control at Peever Place be vi. Part Lot Control for Peever Place (Communication ) p10 Suggested Motion: THAT a By-law for the lifting of part lot control at Peever Place be vii. Part Lot Control for Peever Place (Communication ) p11 Suggested Motion: THAT a By-law for the lifting of part lot control at Peever Place be viii. Part Lot Control for Block 169 (Communication ) p12 Suggested Motion: THAT a By-law for the lifting of part lot control for Block 169 on Registered Plan 27M-81, be Page 2 of 20

7 ix. Part Lot Control for Ridell Street (Communication ) p13 Suggested Motion: THAT a By-law for the lifting of part lot control for Ridell Street, be x. South Shore Landing (Communication ) Jane Almond, Planner p14 Suggested Motion: THAT the request to grant a Class IV Development for Phase IV of a mixeduse campus residential development for the South Shore Landing project on the DRS site be DENIED as it cannot meet or comply with Town s Official Plan policies. 5) ADJOURNMENT Page 3 of 20

8 COMMUNICATION Received From Addressed To Date Topic Les Reynolds, Director of Protective Services Planning and Protection Committee April 3, 2018 OWFC Monthly Activity Report SUMMARY The February 2018 activity report is attached. There are no particular items of note for the month of February. STAFF RECOMMENDATION THAT the Director of Protective Services Report on the activities of the Ocean Wave Fire Company (OWFC) for the month of February 2018 be accepted as information. COMMITTEE DECISION Page 4 of 20

9 OWFC Activity Report February 2018 EMERGENCY CALLS Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. YTD YOY Fire related CO Alarms False Alarms MVC Medical Assist Mutual Aid Other Total Automatic Aid to Miss. Mills (incl. in above calls) NON-EMERGENCY CALLS Meetings NC Training Other Total TOTAL CALLS Avg. Response (%) All Calls 51% 52% 52% 5% Avg.Response (%) Mon-Fri 6am-6pm 47% 54% 51% 17% Avg. Response Time (min/sec) 10:11 8:21 9:16 0:36 Fire Loss ($) Rescues NC Injuries NC Fatalities NC FIRE PREVENTION Fire Safety Inspections Orders Issued NC Charges Laid NC Public Education (Hrs.) Page 5 of 20

10 COMMUNICATION Received from Addressed to Date Topic Planning and Protection Committee April 3, 2018 Part Lot Control for 1 3 Peever Place SUMMARY An application for the lifting of Part Lot Control has been made by Pegasus Development Corporation. The request is proposed in order to legally separate the property on Block 223, Registered Plan 27M-81, municipally known as 1 3 Peever Place. This semidetached dwelling was constructed under building permits and In order to create individual lots, part lot control is required to be lifted. A total of 2 units will be created through this process. The lifting of part lot control will be done on a registered plan of subdivision. The required reference plans have been submitted. COMMENT The lands are designated as Residential under the Town of Carleton Place Official Plan and Development Permit By-law. The proposal is consistent with the Provincial Policy Statement and meets the intent of the Official Plan and Development Permit. STAFF RECOMMENDATION THAT a by-law for the lifting of part lot control at 1 3 Peever Place be forwarded to Council for approval and that the required documents be forwarded to the County of Lanark for COMMITTEE DECISION Page 6 of 20

11 COMMUNICATION Received from Addressed to Date Topic Planning and Protection Committee April 3, 2018 Part Lot Control for 2 8 Peever Place SUMMARY An application for the lifting of Part Lot Control has been made by Pegasus Development Corporation. The request is proposed in order to legally separate the property on Block 13, Registered Plan 27M-81, municipally known as 2 8 Peever Place. This townhouse dwelling was constructed under building permits , and In order to create individual lots, part lot control is required to be lifted. A total of 4 units will be created through this process. The lifting of part lot control will be done on a registered plan of subdivision. The required reference plans have been submitted. COMMENT The lands are designated as Residential under the Town of Carleton Place Official Plan and Development Permit By-law. The proposal is consistent with the Provincial Policy Statement and meets the intent of the Official Plan and Development Permit. STAFF RECOMMENDATION THAT a by-law for the lifting of part lot control at 2 8 Peever Place be forwarded to Council for approval and that the required documents be forwarded to the County of Lanark for COMMITTEE DECISION Page 7 of 20

12 COMMUNICATION Received from Addressed to Planning and Protection Committee Date April 3, 2018 Topic Part Lot Control for 7 9 Peever Place SUMMARY An application for the lifting of Part Lot Control has been made by Pegasus Development Corporation. The request is proposed in order to legally separate the property on Block 222, Registered Plan 27M-81, municipally known as 7 9 Peever Place. This semidetached dwelling was constructed under building permits and In order to create individual lots, part lot control is required to be lifted. A total of 2 units will be created through this process. The lifting of part lot control will be done on a registered plan of subdivision. The required reference plans have been submitted. COMMENT The lands are designated as Residential under the Town of Carleton Place Official Plan and Development Permit By-law. The proposal is consistent with the Provincial Policy Statement and meets the intent of the Official Plan and Development Permit. STAFF RECOMMENDATION THAT a By-law for the lifting of part lot control at 7 9 Peever Place be forwarded to Council for approval and that the required documents be forwarded to the County of Lanark for COMMITTEE DECISION Page 8 of 20

13 COMMUNICATION Received from Addressed to Date Topic Planning and Protection Committee April 3, 2018 Part Lot Control for Peever Place SUMMARY An application for lifting of Part Lot Control has been made by Pegasus Development Corporation. The request is proposed in order to legally separate the property on Block 173, Registered Plan 27M-81, municipally known as Peever Place. This semidetached dwelling was constructed under building permits and In order to create individual lots, part lot control is required to be lifted. A total of 2 units will be created through this process. The lifting of part lot control will be done on a registered plan of subdivision. The required reference plans have been submitted. COMMENT The lands are designated as Residential under the Town of Carleton Place Official Plan and Development Permit By-law. The proposal is consistent with the Provincial Policy Statement and meets the intent of the Official Plan and Development Permit. STAFF RECOMMENDATION THAT a By-law for the lifting of part lot control at Peever Place be forwarded to Council for approval; and COMMITTEE DECISION Page 9 of 20

14 COMMUNICATION Received from Addressed to Date Topic Planning and Protection Committee April 3, 2018 Part Lot Control for Peever Place SUMMARY An application for lifting of Part Lot Control has been made by Pegasus Development Corporation. The request is proposed in order to legally separate the property on Block 170, Registered Plan 27M-81, municipally known as Peever Place. This townhouse dwelling was constructed under building permits , , and In order to create individual lots, part lot control is required to be lifted. A total of 4 units will be created through this process. The lifting of part lot control will be done on a registered plan of subdivision. The required reference plans have been submitted. COMMENT The lands are designated as Residential under the Town of Carleton Place Official Plan and Development Permit By-law. The proposal is consistent with the Provincial Policy Statement and meets the intent of the Official Plan and Development Permit. STAFF RECOMMENDATION THAT a By-law for the lifting of part lot control at Peever Place be forwarded to Council for approval; and COMMITTEE DECISION Page 10 of 20

15 COMMUNICATION Received from Addressed to Date Topic Planning and Protection Committee April 3, 2018 Part Lot Control for Peever Place SUMMARY An application for lifting of Part Lot Control has been made by Pegasus Development Corporation. The request is proposed in order to legally separate the property on Block 174, Registered Plan 27M-81, municipally known as Peever Place. This townhouse dwelling was constructed under building permits , , and In order to create individual lots, part lot control is required to be lifted. A total of 4 units will be created through this process. The lifting of part lot control will be done on a registered plan of subdivision. The required reference plans have been submitted. COMMENT The lands are designated as Residential under the Town of Carleton Place Official Plan and Development Permit By-law. The proposal is consistent with the Provincial Policy Statement and meets the intent of the Official Plan and Development Permit. STAFF RECOMMENDATION THAT a By-law for the lifting of part lot control at Peever Place be forwarded to Council for approval; and COMMITTEE DECISION Page 11 of 20

16 COMMUNICATION Received from Addressed to Date Topic Planning and Protection Committee April 3, 2018 Part Lot Control for Block 169 SUMMARY An application for lifting of Part Lot Control has been made by Pegasus Development Corporation. The request is proposed in order to legally divide Block 169 into two separate blocks on Registered Plan 27M-81. In order to divide the block part lot control is required to be lifted. A total of two blocks will be created through this process. The developer is proposing to build a semi-detached dwelling and a four unit townhouse dwelling on the property that was originally planned for one six unit townhouse dwelling. This lotting change will not cause any change to number of units. The semi- detached dwelling will be addressed as Peever Place with the townhouse having addresses as Peever Place. No building permits have been issued. This Part Lot Control process is in order to divide the land within the registered plan of subdivision. The required reference plans have been submitted. Future Part Lot Control applications will be required to divide the proposed semi-detached unit and the four unit townhouse dwelling into individual lots in the future. COMMENT The lands are designated as Residential under the Town of Carleton Place Official Plan and Development Permit By-law. The proposal is consistent with the Provincial Policy Statement and meets the intent of the Official Plan and Development Permit. STAFF RECOMMENDATION THAT a By-law for the lifting of part lot control for Block 169 on Registered Plan 27M-81, be COMMITTEE DECISION Page 12 of 20

17 COMMUNICATION Received from Addressed to Date Topic Planning and Protection Committee April 3, 2018 Part Lot Control for Ridell Street SUMMARY An application for lifting of Part Lot Control has been made by Ontario Inc. (Cardel Homes). The request is proposed in order to legally separate the property on Block 114, Registered Plan 27M-77, municipally known as Ridell Street. This townhouse dwelling was constructed under building permits , , and In order to create individual lots, part lot control is required to be lifted. A total of 4 units will be created through this process. The lifting of part lot control will be done on a registered plan of subdivision. The required reference plans have been submitted. COMMENT The lands are designated as Residential under the Town of Carleton Place Official Plan and Development Permit By-law. The proposal is consistent with the Provincial Policy Statement and meets the intent of the Official Plan and Development Permit. STAFF RECOMMENDATION THAT a By-law for the lifting of part lot control for Ridell Street, be forwarded to Council for approval; and COMMITTEE DECISION Page 13 of 20

18 COMMUNICATION Received from Addressed to Date Topic Jane Almond, Planner Planning and Protection Committee April 3, 2018 South Shore Landing SUMMARY: An application has been received to develop the former DRS property into a mixed-use campus for residential development with a commercial component. The property is designated Strategic Property in both the Town s Official Plan and the Development Permit By-law. The application for a Development Permit Class 4 was previously considered by the Planning and Protection Committee on December 20, 2017 where the request was broken out into five (5) phases. Phase 1 was given conceptual approval with conditions as it complied with the Official Plan and the requirements of the Development Permit By-law. Phase 2 was given conceptual approval and it too complied with the Official Plan and met the requirements of the Development Permit By-law. Phase 3 received approval conditional on Official Plan Amendments for both the County of Lanark Official Plan and the Town s Official Plan. Phase 4 was deferred subject to the submission of a Planning Rationale Report. See full Communication presented to Council on December 20, 2017 enclosed herein as Appendix 1. Page 14 of 20

19 All planning applications in Ontario must be consistent with the Provincial Policy Statement. This policy provides guidance to development projects on provincial priorities including: intensification infrastructure economic prosperity protection of resources The application as submitted generally meets the directions provided in the Provincial Policy Statement and can be considered to be consistent. The County of Lanark Sustainable Communities Official Plan provides very general guidance to lower tier municipalities. The Plan s goal is to provide a framework wherein local municipalities can develop according to local needs and local character. The application meets the general guidelines and goals of the County s Plan. The Official Plan of the Town of Carleton Place was adopted July 23, 2013 and underwent significant public consultation to determine the direction the citizens of the Town of Carleton Place wished the Town to develop in the foreseeable future. The subject lands are bound by the following Official Plan policies: Future development in the Town of Carleton Place must proceed in a manner which is in full conformity with the policies of this Official Plan. Page 15 of 20

20 We will continue to value and preserve our built heritage and our small town character as we provide for appropriate development to generate residential, recreational, environmental and economic opportunities respectful of private and public property rights. that land development and redevelopment occurs in a logical and cost-efficient manner in order to provide for effective delivery of municipal services while preserving heritage and small-town character. The preservation of the Town s identity and heritage is a crucial element to the future of the municipality. Accordingly. community design is afforded significant importance in the development of various policy sectors of this Plan. Carleton Place is home to historic architecture, interesting and functional public spaces and important environmental features. It is, as noted on the Town s website, a pleasing collage of serenity and vitality, texture and energy. It is of vital importance that ongoing changes to the built form be undertaken through high quality developments that are integrated with the surrounding community. Accordingly, the community design framework policies which follows shall be considered and applied to all proposed development as well as form the basis for the regulatory framework of the Town s Development Permit By-law. To ensure high quality design of the built form which reflects the Town s heritage and character. Proposed developments shall enhance the image of the Town of Carleton Place by complementing and contributing to: the character of the area local landmarks the consistency and continuity of the area with its surroundings Significant views and vistas of landmarks and features, such as the Mississippi River, shall generally not be obstructed, dominated or marred by a proposed development or infrastructure undertaking. The design of new development shall: be complimentary to adjacent development in terms of its overall massing, orientation and setback, maintain and enhance valued cultural and heritage resources and natural features and functions. Proposed development within an established neighbourhood shall be designed to function as an integral and complementary part of that area s existing development pattern by having regard for: massing Page 16 of 20

21 building height architectural proportion volumes of defined space lot size position relative to the road building area to size area ratios. The property is designated Strategic Property within the Mississippi District. The direction, guidelines and policies pertaining to the Mississippi District include: Provide for a mix of residential, commercial and recreational uses while maintaining the character of individual neighbourhoods. The Community Design Framework policies, as stated in Section 2.0 shall be applied when reviewing proposed development or re-development applications. The delineation of land uses through the Development Permit By-law shall be based on this Official Plan as well as architectural form and present and future land use compatibility.. To maintain the character and appearance of this area, demolition and building permits shall be strictly controlled. Page 17 of 20

22 On the DRS property development or/re-development shall be limited to residential uses having a minimum residential density of 35 units per net hectare which shall be provided through row housing and/or low rise apartment buildings. On all strategic properties regard shall be had to the design standards provided in Section 2.0. The application is for a 13-storey mixed use development. The neighbourhood is primarily a single family residential community. The construction of a 13-storey tower is not compatible nor does it respect existing land use patterns. The structure will absolutely overwhelm the river and if constructed will be taller than the Town s heritage structures such as church spires and the Town Hall. The image provided by the applicant clearly demonstrates that the structure towers over anything else in the Town. The commercial use is specifically excluded on the DRS site and is not permitted. This direction was based on numerous public consultation events during the drafting of the current Official Plan. Section of the Official Plan states: The development permit may allow for defined variations to the standards and provisions outlined in the Development Permit By-law. Such variations will only be permitted if they are consistent with the policies of the Plan. The application as submitted does not comply with any of the noted Official Plan policies. Furthermore, Section 24(1) of the Planning Act states: Despite any other general or special Act, where an official plan is in effect, no public work shall be undertaken and, except as provided in subsections (2) and (4), no by-law shall be passed for any purpose that does not conform herewith. The application as submitted does not meet the requirements of the Planning Act. The application on the meeting of December 20, 2017 was deferred and the applicant requested to submit a Planning Rationale Report with an accompanying Shadow Study to demonstrate that there would be no adverse impacts to the neighbourhood and to discuss how the proposal is compatible with existing built form. The shadow study provided by the applicant states that at certain times of the year there are impacts to surrounding neighbours. The illustrations accompanying the reports are extremely difficult to evaluate due to their size. See below. Page 18 of 20

23 The applicant was requested to submit larger drawings in order to better evaluate the shadows. This was not provided. The submitted Planning Rationale report does not address compatibility as requested. In fact, when this issue was discussed with the applicant it was acknowledged, by the applicant, that compatibility could not be demonstrated. A Class IV Development Permit application process was created to allow the applicant confidence to move forward with his project where one (1) specific matter requires approval prior to investment in the project. Examples may include but are not limited to: The request to increase net density on a specific subject property The relief of parking or loading requirements The request to provide for alternate cladding or colour within the Mississippi District The determination of whether an application has provided sufficient and complete information to review and make a decision on the proposal. The author of this report was concerned that the application was outside of the scope of a Class IV Development Permit due to non-conformity with the Official Plan and the scale of the project and the associated request. Staff consulted with legal counsel to determine if the application met the tests of a Class IV Development Permit. Page 19 of 20

24 The by-law states: A Class IV, scoped Development Permit request, may be referred to the Planning Committee by either the Director of Planning and Development or designate, or the applicant by means of letter or facsimile. The request must include sufficient detail to be able to provide a decision on the matter before committee. The decision will allow the applicant confidence to move forward with his project where one (1) specific matter requires approval prior to investment in the project. The decision will be conditional on obtaining a Class I, Ia, II or III development Permit. The response from legal counsel agrees with staff s opinion that the Class IV permit is intended to provide approval for narrow aspects of a project or proposal but is not for the evaluation of the entirety of a project or overall concept. The request by the applicant is intended and more appropriately undertaken under the Class I, Ia, II, III permit application processes. As such, staff, supported by legal counsel, deems the question posed by the developer to be too broad, not in keeping with the intent of and beyond the scope of the Class IV permit process. Phase IV of the Development could be reasonably refused on this basis as well. As a result, staff s recommendation is to deny the application. STAFF RECOMMENDATION: THAT the request to grant a Class IV Development for Phase IV of a mixed-use campus residential development for the South Shore Landing project on the DRS site be DENIED as it cannot meet or comply with Town s Official Plan policies. COMMITTEE DECISION: Page 20 of 20