Update: Barrie city council approved the Poyntz Street easement and use of city-owned water lots at its meeting on May 13, 2019 without further discussion.
The company behind a Dunlop Street East development along the city's lakeshore wants to use a closed portion of Poyntz Street to provide access to the building's parking garage as part of their 11-storey project.
City councillors discussed a staff report this week at general committee that would see a small section of Poyntz Street declared surplus as part of the plans at the long-vacant former Lakeview Dairy site.
An easement, which still requires city council's approval, would be provided to Northern Lights Enterprise Inc., for their project at 185-205 Dunlop St. E.
The city would maintain ownership of the closed section of Poyntz, a steep roadway which city staff considers "substandard in design and width for a public right-of-way."
In June 2018, conditional site-plan approval was given to the landowner. Vehicular access to the mixed-use building would come off Poyntz and into the parking structure. The building will have ground-level commercial with residential above.
Coun. Clare Riepma put a motion on the table that the staff report's recommendations not be approved. His motion failed, but not without discussion.
"When I saw this report, it raised a lot of concerns in my mind," said Riepma. "This report is proposing to declare a surplus, Poyntz Street, and provide an easement over it to a developer who's developing a massive building here, a highrise with million-dollar condos. That flies in the face of what our Official Plan policy states."
Planning director Andrea Miller (formerly Bourrie) said the city's legal team doesn't not believe the move goes against the Official Plan, noting the city would maintain ownership of the easement.
"We do not believe that is in contravention of the Official Plan," she said. "I will take those comments back (to staff), but we have had that discussion and we believe we're OK there with the Official Plan policy."
"This is a situation where we're not selling the land," Mayor Jeff Lehman said. "We're providing an easement for the redevelopment of a site that has been vacant since I was going to high school."
Poyntz Street would need to be regraded to manage drainage. The developer would cover the construction costs associated with the work on Poyntz, including ongoing maintenance and repair.
A sidewalk has also been proposed, which would allow pedestrian access from Dunlop Street to the North Shore Trail.
While Riepma called it a "massive building (that) will take away the complete view of the lake," other councillors said they liked the preliminary drawings.
Coun. Mike McCann said "it looks beautiful. I don't believe that it ruins anyone's view, except for maybe a restaurant that's going to get some more business."
Coun. Doug Shipley, who called it "a beautiful building at a beautiful location," said he could not support Riepma's stance.
"I'm actually a little surprised, quite frankly," Shipley said. "I hope the people who are doing this aren't watching, because I want to be welcoming people. I have heard for years that that location is an eyesore and we're finally getting something done here. If they were watching, they're going to feel like they're not being welcomed. It's almost like they got a scolding, with all due respect.
"I hope we're not scaring them away," he added. "I hope this building does go ahead, because it's not that big and it's what's approved and allowed there."
"I don't want you to think, Mr. Shipley, that I'm scolding the developer," said Riepma, adding he understands the need for more downtown development. "Sure, we may call the (easement) public property, but it isn't. It's actually used by the condomunium corporation. People that are going to use it to get down to the waterfront are going to feel like trespassers.
"To me, it would seem like a good architect would be able to figure out how to design an alternative entrance into the parking lot," he added. "As for blocking the view, well, you've got to be really tall to look over the top of an 11-storey building. Be that as it may, this building is approved and all ready to go. I'm not wanting to revisit that at this point, but my issue is just with the use of public lands for private use, especially in the waterfront area."
Coun. Keenan Aylwin, who noted the downtown needs more people through developments such as this one, asked whether the project would still go ahead if the Poyntz Street easement was denied.
Miller called the easement "critical" to the project and part of the site-plan approval.
"This is a solution that has been brokered in order for the project to go forward," she said.
Miller said the developer hopes to finalize their plans and break ground on the project "as soon as possible. They're anxious to get going and they are marketing the site," she added.
The mayor said the developer's plan should also improve public access from Dunlop Street to the waterfront.
"The way it is today probably dissuades a lot of people from going down there," Lehman said. "Not just the condition of the pavement, undergrowth and so forth, but the sidewalk is virtually non-existent."
Coun. Barry Ward asked for clarification about how the building will look from the back when viewed from the North Shore Trail.
"I just hope it's going to be more than seeing four levels of parked cars," he said.
Michelle Banfield, the city's manager of growth and development, said there would be commercial uses, including possibly a restaurant and a gym, on the trail side of the structure.
WATER LOTS FOR NON-MOTORIZED USES
The city could also enter into a five-year lease with Northern Lights Enterprise for use of city-owned water lots along the nearby lakeshore for floating docks, which would also be accessible for "unrestricted" public use. The slips would be for "non-motorized recreational use," such as paddleboats and kayaks.
Riepma said he was also worried about the water lots.
"Again, we're giving up public property for private gain here," he said. "Yes, they do say the docks will be available for public use, but I'm sure there's going to be some subtle little message out there that says, 'these docks are used by the condo. We put them there and you stay off them'."
Northern Lights Enterprise would install, maintain and remove the floating docks, similar to what are available across the bay at the Southshore Centre.
"While the primary users of the floating docks are anticipated to be the occupants of the development, public access for sitting, swimming, etc., will be provided on the north shore through these new docks in an area where public access to the water is made difficult given the rock/stone shoreline," the city staff report says.
Also in relation to the project, a public meeting in front of the committee of adjustment is scheduled for Wednesday, May 22 at 6:30 p.m. in the Sir Robert Barrie Room at city hall. The developer has requested a variance in the minimum lot coverage required for commercial uses.
