A 43-year-old Peterborough woman has been convicted of careless driving causing death in connection with a collision in 2023 that killed a three-year-old girl.

At 9 a.m. on March 23, 2023, the girl was struck in the driveway of her family home on Woodglade Boulevard between Kawartha Heights Boulevard and Sherbrooke Street by a southbound SUV that had left the road and jumped the curb.

The girl was transported to Peterborough Regional Health Centre with life-threatening injuries and succumbed to her injuries later that day. Two other children were also in the driveway at the time of the collision, but were not injured.

After a five-month investigation, Peterborough police charged a 43-year-old Peterborough woman with careless driving causing bodily harm or death.

On Friday (January 24,), the woman was found guilty of careless driving causing death under the Highway Traffic Act. Police have not released the identity of the woman, who is scheduled to be sentenced on Friday, February 28.

Penalties for careless driving causing death include a fine of $2,000 to $50,000 and/or imprisonment up to two years, and a driver’s licence suspension up to five years. A careless driving conviction will also result in six demerit points as well a significant increase to car insurance premiums.

Peterborough city council will be considering a proposed new program that would allow the City of Peterborough to expropriate land in the central area of the city on behalf of private developers for housing projects.

The proposal will come before council on Monday evening (January 27) at its general committee meeting, which will also serve as a public meeting on the proposal as per requirements of the Planning Act.

A report from Blair Nelson, the city’s commissioner of infrastructure, planning and growth management, proposes amending the city’s central area community improvement plan to add the “Strategic Land Acquisition and Conveyance Program,” while also expanding the existing central area community improvement plan area to conform with the expanded central area in the city’s new official plan.

The Strategic Land Acquisition and Conveyance Program would mean the city could forcibly acquire land from a property owner, “conveying it to a third-party for the purpose of carrying out development and redevelopment” according to the report.

For example, if a private developer had already acquired a substantial number of contiguous properties for a housing development but was unable to convince a remaining property owner to sell a desired property, the developer could apply to the program to have the city expropriate that property and sell it to the developer.

“Acquiring the land needed for redevelopment can be a challenging, costly and time-consuming endeavor,” reads the report. “Failure to assemble an appropriately sized and configured land assembly can lead to less-than-optimal development proposals, failure of certain projects to come to fruition, delay in the provision of much needed housing supply, continuation or exacerbation of land use conflicts and ultimately an inability to meet the vision outlined for the City’s Central Area as depicted in the Official Plan.”

The report states that the intention of the program is so the city “can strategically acquire properties that could be key components of private redevelopment projects” when the private developer has had difficulty acquiring the properties.

PDF: City of Peterborough Central Area Community Project Area

There are three pieces of provincial legislation — the Planning Act, the Municipal Act, and the Expropriations Act — that give the city the power to acquire land in this manner.

Section 28(1) of the Planning Act allows a municipality to designate a “community improvement project area,” which it defines as “a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason.”

In 2011, the City of Peterborough adopted a community improvement plan for its central area. Under the same section of the Planning Act, when a municipality’s official plan designates a community improvement project area, the municipality is allowed to acquire land within that area.

To encourage development and redevelopment in the central area, the city’s community improvement plan has included several incentive programs based on tax increments and grants that have evolved over time.

Although Section 106(1) of the Municipal Act normally prohibits municipalities from the “granting of bonuses” to commercial enterprises — including by lending money, selling properties below fair market value, or exempting developers from fees or levies — an exemption to this prohibition is granted in the Planning Act for community improvement plans.

While the Strategic Land Acquisition and Conveyance Program does not involve the city providing financial incentives for developers, it would leverage the city’s powers under provincial legislation to expropriate land for the benefit of a developer.

“This proposed new program is different and would enable the City to become directly involved by using expropriation powers under the Municipal Act to acquire and convey land to a developer who has demonstrated its development will meet key goals and deliverables as set out in the program and helps to achieve the overall vision of the (Community Improvement Plan for its Central Area) and Official Plan for the Central Area,” reads the report.

Although the Municipal Act does give municipalities the power to expropriate privately owned land through the provincial Expropriations Act, municipalities have traditionally only done so when the land is required for public use, such as for public utilities, infrastructure, or highway development.

However, there have been situations where Ontario municipalities have expropriated land for the use of private commercial interests.

In the late 1990s, the City of Toronto expropriated 10 properties at the intersection of Yonge and Dundas streets and sold the assembled land to a private developer. In the early 2000s, the County of Oxford expropriated a parcel of commercial land so that Toyota Canada could build a manufacturing plant in Woodstock near London.

More recently, the Region of Waterloo — with funding support from the Ontario government — has been attempting to expropriate 770 acres of farmland in Wilmot Township to create serviced land for future industrial projects.

As for the City of Peterborough’s proposed Strategic Land Acquisition and Conveyance Program, the report states it would be “net neutral” to the city’s budget, with all costs associated with expropriating land to be recouped from the developer.

“Use of this program would be an exceptional last resort for a developer because the cost of acquiring property through expropriation is high and staff-time intensive,” the report reads. “The rationalization for expropriating land must demonstrate a strong financial and logistical benefit to the community.”

Applications to use the program would have conditions, including that the developer has demonstrated “considerable effort” to acquire the desired property on its own, the developer already owns “a significant majority” (60 per cent or more) of the land proposed for development, and that the developer’s acquisition of the additional land would “directly result in a more suitable development” (such as a regularly shaped building lot).

“The proposed development must demonstrate that acquisition of the additional land will result in a significant increase in the number of dwelling units to be provided compared to a development that excludes the said lands,” the report adds.

All applications under the Strategic Land Acquisition and Conveyance Program would be approved by council. The process for land use approvals, including zoning by-law amendments and site plan approvals, would also be followed.

With a shared commitment to building homes, fostering partnerships, and strengthening community, Habitat for Humanity Peterborough & Kawartha Region (Habitat PKR) and Peterborough & The Kawarthas Home Builders Association (PKHBA) each have an additional $15,000 to apply to their missions following a successful holiday fundraiser.

The two organizations have announced that their seventh annual charity auction, held on December 5, raised more than $30,000 for their endeavours.

This event brought together local businesses, industry professionals, and community supporters. With funds split evenly, PKHBA and Habitat PKR will each receive $15,412 to advance their missions and support the professional home-building industry in the region.

“PKHBA supports Habitat for Humanity PKR because we all need to work together to build the housing our community needs,” PKHBA executive officer Rebecca Schillemat told kawarthaNOW.

“We need all types of housing, and Habitat is the only organization providing affordable home ownership. When families have the stability of owning a home it helps them grow, and it often helps them move up in the housing continuum into market home ownership.”

Schillemat said her organization also believes in providing decent housing for the community and building strength, stability, and self-reliance through shelter.

“PKHBA’s mission aligns with Habitat for Humanity PKR’s mission in providing housing in our community. We can do more together. We value the partnerships and results of our combined efforts.”

In addition to the money raised for the two organizations, the charity auction was also a success for other reasons. Schillemat said local high school students donated “amazing” small construction projects to support the auction.

“The donations showed support for housing in our greater community, and it showcased the talent of students in high school construction programs,” she noted.

There was also another win when auctioneer Jason McIntosh asked for additional donations when guests turned in their auction paddles at the end of the night.

“Everyone who handed back their auction paddles donated $25 to Habitat for Humanity PKR,” Schillemat said. “It was an amazing boost at the end of a great event.”

As for Habitat for Humanity PKR, CEO Susan Zambonin noted the community effort made the event possible.

“We are deeply grateful for the overwhelming support from our community,” Zambonin said in a media release. “This event demonstrates the incredible impact we can achieve when we come together to address housing challenges and create a brighter future for families in our region.”

Habitat for Humanity PKR also gave a shout-out to Reliance Home Comfort, the presenting sponsor, along with other sponsors, local businesses, volunteers, and attendees who donated auction items that contributed to the successful night.

According to Habitat for Humanity PKR, the organization is dedicated to creating a world where everyone has a safe and decent place to live. By mobilizing volunteers, businesses, and community partners, it aims to construct affordable housing that empowers local families to achieve stability and build brighter futures.

Money raised at the auction will help Habitat PKR construct additional homes for families in need in the region, the release said.

PKHBA has been represented the home-building industry in Peterborough and the Kawarthas region since 1956. As a non-profit organization, it advocates for effective government policy, supports member businesses, and strives to foster excellence in homebuilding.

Proceeds from the auction will enable PKHBA to continue its work in improving home-building needs in the area, according to the release.

The original version of this story has been updated with a correction. The charity auction was the seventh annual, not second annual, event.

As a proposed 10-storey East City residential-commercial development moves forward in the City of Peterborough’s application process, residents opposed to it are again making their feelings known.

Proposed by TVM Group on the property at 90 Hunter Street East adjacent to Mark Street United Church, the building would feature 156 apartment units and commercial space on the ground floor and underground parking.

If approved, it will be developed on property the church sold to TVM Group in exchange for four units, valued at $2 million, at TVM Group-owned East City Condos just up the road at Hunter Street East and Armour Road. The site was previously occupied by a 1957 addition to the church building, which has now been demolished.

With the city having issued notice that TVM Group has filed an application for a technical adequacy review, a requirement in advance of an application for a necessary zoning by-law amendment, members of the East City PTBO Neighbourhood Hub Facebook group are expressing concerns online, many of which echo what was heard at an open house held last June at the church.

Among them is Rogers Street resident Andrew MacGregor, who sought an Ashburnham Ward city council seat in the 2024 municipal election.

“This building is too large and it does not fit the character of the neighbourhood,” says MacGregor, adding “East City is largely single-dwelling homes.”

“If this building is built, it would be in my backyard. It would cast a shadow on my home. So here we have a building that is much taller, and much wider and longer, than anything that exists (in East City), and doesn’t match the single-family heritage homes in the neighbourhood.”

Another bone of contention, says MacGregor, is parking for tenants’ vehicles. MacGregor contends there isn’t enough parking allotted in the site plan, meaning increased traffic and parking concerns on streets neighbouring the development.

A quick scan of the East City PTBO Neighbourhood Hub Facebook page reveals similar concerns. That said, there are comments from those who are fine with the proposed development, with one writing that the site plan schematic “looks great,” adding “We need more housing and we have to build up.”

But the detractors are in the majority, with one noting “Rogers Street is already a nightmare with all the 18-wheelers and cars.” Another posted “This is a monstrosity and will change the whole character” of East City.

The character of East City on Hunter Street has already been changing over the past few years. Ashburnham Realty has developed three multi-storey buildings along the Rotary trail south of Hunter Street East (the third six-storey building just north of Robinson Street is still under construction), and TVM Group has developed East City Condos and redeveloped the old St. Joseph’s Hospital site.

Contacted by kawarthaNOW for comment, TVM Group president and CEO Amit Sofer is well aware of neighbouring residents’ concerns about the proposed Mark Street United Church development. In fact, he heard most of them face-to-face at the June open house.

“Nobody likes change — that’s sort of the beginning of a lot of conversations,” says Sofer, who founded TVM Group in early 1990s.

“We are not trying to do something that doesn’t fit (the neighbourhood). In fact, our proposal is directly based on all of the direction provided by governments, municipal specifically, but also provincial and federal. These are directives that are put out because of needs that exist within the marketplace. They may not be the needs of people unhappy with the development, but they are the needs of the city.”

“People don’t want to see change. If we ask for 20 storeys, people will say it should be 10. If we ask for 10, it should be five. If we ask for five, it should be three. But there are other proposals that are coming forward, in the very immediate vicinity, that will also be 10-plus storeys.”

“The development community has been told there’s a demand for density. There’s a demand to utilize existing infrastructure, and a demand for intensification as opposed to urban sprawl. The fact that there’s resistance to it — and I respect that resistance very much — is no different than what you would experience with any development in any city at any time.”

Sofer says what’s being proposed is “a moderated best version for everyone” of the development that “doesn’t satisfy everyone everybody’s full concerns but it also doesn’t satisfy our desires because, as developers, we would like even more (building) height and density.”

“There’s never a circumstance where neighbours say ‘This is awesome. Let’s build more.’ I appreciate the comments — they are good comments. We’ve made adjustments (to the plan) to reflect some of the comments we collected at that June meeting.”

As for the parking concerns expressed, Sofer says TVM Group’s development of other East City projects has provided “a very specific, accurate, clear and long-term understanding of the parking needs of our tenants.”

“The (parking) ratios that we’re proposing mirror what we have at our hospital site where we don’t have a parking problem. The collective East City group won’t believe that because they don’t want to, but the city won’t allow, in its good planning discretion, something that doesn’t make sense. It would be poor planning.”

Further, Sofer stresses that his TVM Group is not in the “merchant” building business.

“We do not build and sell. The TVM Groups owns everything it has ever built, other than our condominium developments. I would be foolish to build something that doesn’t make sense. If there wasn’t enough parking, I wouldn’t be able to rent the apartments and I would be the one with the biggest loss. Our parking ratios, in my mind, are correct. We have adjusted them.”

Still, MacGregor, not unlike many of his neighbours, is unappeased. As for the argument that progress is inevitable, he agrees, but adds a disclaimer.

“Progress is needed but perhaps it should take small steps,” he says. “What we’ve seen with developments on Hunter Street is moderately large buildings. We need progress, but can we make progress in incremental steps instead of just jumping to absolutely huge, immediately affecting property values and the characteristics of neighbourhoods in the immediate area?”

MacGregor says he believes residents’ lobbying councillors to see modifications made to TVM Group’s site plan won’t do any good.

“I have no faith that discussing this with city councillors will affect the outcome. I’m not convinced that anyone is listening. Development, and the pacing of development, is something that I will frankly make the cornerstone of a campaign for city council in a future election.”

As for the application for a technical adequacy review, Sofer explains it’s “a relatively new step put in place by many municipalities in response to the provincial government’s mandate that planning applications be dealt with expeditiously.”

“The planning department does not receive a site plan or zoning application, of which we’re making both, until they are deemed technically complete to the satisfaction of (planning) staff.”

According to an email to kawarthaNOW from Brad Appleby, the city’s planning, development and urban design director, “the file is in a technical review phase; no decisions have been made on whether to support the development.”

“Applicants/landowners are always free to apply for development and the city is obligated to process complete applications, but at the end of the day the city is not obligated to support development,” Appleby writes.

Appleby notes city staff will eventually prepare a report for council consideration that will advise if the development proposal meets all city and provincial requirements and include a recommendation for its acceptance or denial.

That report will go before councillors as part of a public meeting where registered deputations can be made. Notice of that meeting’s date will be mailed some 30 days in advance to property owners within 400 feet of the proposed location.

If and when final council approval is gained, Sofer says construction will “start right away.”

“The building will add to the character of East City and enhance its vibrancy,” maintains Sofer. “Anyone who doesn’t want it will say the opposite. I respect that. However, it really is an addition; it will bring more people to businesses. We’re hoping everything goes smoothly. but it’s in the hands of council.”

Meanwhile, in a related development, the city will host a public meeting on Thursday, February 6 focused on planning for strategic growth areas, one six areas identified as the Central Area, which takes in the downtown core and East City.

A meeting presentation, set for 6:30 p.m. at the Healthy Planet Arena, will provide a review of concepts for land use, building heights, parks, transportation and open space. Registration isn’t required to attend.