CITY OF KINGSTON REPORT TO PLANNING COMMITTEE

Transcription

1 CITY OF KINGSTON REPORT TO PLANNING COMMITTEE TO: FROM: RESOURCE STAFF: Chair and Member of Planning Committee Lanie Hurdle, Commissioner, Community Services Grant C. Bain, Director, Planning and Development Department DATE OF MEETING: SUBJECT: COMPREHENSIVE REPORT Application for Final Plan of Condominium Duffe Lane Cottage Association Part of Lot 4, Concession 4 Geographic Twp Of Pittsburgh, City of Kingston; Isle of Man File No. D EXECUTIVE SUMMARY: This is a Comprehensive Report to recommend approval of an application for Final Plan of Condominium which has been submitted by Duffe Lane Cottage Association, for lands located at Part of Lot 4, Concession 4, Geographic Township of Pittsburgh, City of Kingston, located on north side of the Isle of Man Road, on the Isle of Man. The applicant proposes to incorporate the lands as a vacant land condominium. There will be 14 individual units of land where existing cottages are located. Total development is limited to 14 cottages or houses. The application conforms to and is consistent with the applicable policies in the Provincial Policy Statement and complies with the general intent of the City of Kingston Official Plan. No specific concerns were raised through the technical circulation of the Final Plan of Condominium application as all concerns dealing with the development are internal to the property. There are no additional works required on the lands and there are no easements required nor are there any on-site or off-site improvements. No development agreement is required. Any municipal requirements are controlled by the holding symbol on the lands. RECOMMENDATION: THAT it be recommended to Council that the application for Final Approval of a Plan of Condominium (Our File No. D ) submitted by Duffe Lane Cottage Association for an vacant land condominium, BE APPROVED; and 127

2 - Page 2 - THAT Final Approval be granted to the Plan of Condominium submitted by Duffe Lane Cottage Association, with respect to a vacant land condominium consisting of 14 units on Part of Lot 4, Concession 4, Geographic Twp Of Pittsburgh, City of Kingston; and THAT the Director of Legal Services be authorized to forward the necessary signed and stamped originals and required copies of the Final Plan of Condominium to the Land Registry Office for registration. AUTHORIZING SIGNATURES: Lanie Hurdle Commissioner, Community Service Gerard Hunt, Chief Administrative Officer CONSULTATION WITH THE FOLLOWING COMMISSIONERS: Cynthia Beach, Corporate and Strategic Initiatives Denis Leger, Transportation, Facilities and Emergency Services Jim Keech, President and CEO, Utilities Kingston (N/R indicates consultation not required) N/R N/R N/R 128

3 - Page 3 - OPTIONS/DISCUSSION: Origin On August 2, 2013, a Final Plan of Condominium application was submitted by Duffe Lane Cottage Association for the purpose of creating a 14 unit vacant land condominium. The purpose and effect of the condominium is to allow the existing 14 cottage owners conveyable title to their units. It will also allow for clearer responsibilities for the maintenance of the laneway. A vacant land condominium is a form of real property ownership where a specified part of land is subject to exclusive use of the owner while use of and access to common facilities such as the driveway is owned and controlled by the association of owners in the form of the condominium corporation. The building or structures on the vacant land unit are not part of the condominium. Following the creation of a condominium, the units could be sold and held individually. This is the principal purpose of the applications. Currently, the subject lands can only be owned by a single owner. Site Characteristics The subject site is located on the north side of Isle of Man Road, in part of Lot 4, Concession 4, Geographic Township of Pittsburgh (Exhibit A - Key Map). The original size of the parcel is approximately 28 ha (69 acres) in area with 340 m (1115 feet) of frontage onto Isle of Man Road. The Isle of Man Road area is a peninsula of land that projects into the Rideau Canal. It is predominately rural in character with farms and large lots, some of which have cottages located along the waterfront. In addition, there are three crossings of major gas and oil pipelines on the peninsula. There are 14 existing cottages on the subject lands. They were built on waterfront land leased from the original owner of the farm lot. The Duffe Lane Cottage Association was formed to purchase the land from the original owner; however, the cottagers are still unable to obtain any form of individual ownership or title to the lands. The current application is intended to address this issue. The condominium would occupy approximately ha (29 acres). The 14 vacant land units are located along the northern shoreline. Each would abut and have direct access to the waterfront. Access to Isle of Man Road would be via a 600 m driveway which would be maintained as a common element of the condominium. There is also a common area near the Isle of Man Road that may be used for parking in the winter time by the residents. Each unit would be responsible for individual potable water and sanitary systems within the boundaries of the condominium unit. The remaining lands will be used for farming and will remain in the Restricted Rural Zone (). One remnant parcel of land would result from the creation of the condominium. It is 9.24 ha (22.8 acres) and would be used as a farm. An 8.31 ha (20.5 acres) parcel of land was recently merged with the abutting farm in a separate application the Committee of Adjustment (File No. D ). The area near the Rideau Canal is relatively flat along the shore. The land rises more steeply towards the rear of the proposed lots. The transition area is marked by a line of trees and it is 129

4 - Page 4 - intended that the trees remain undisturbed. The remainder of the land is used for farming. It is intended that the lands remain in agricultural production under the ownership of an abutting farm, and as indicated earlier, 8.31 ha (20.5 acres) of the land has already been transferred to the farm. Currently, the agricultural lands often lay fallow as the owners have no direct interest in farming. The following land uses surround the subject site: North Rideau Canal zoned ; East Farm 39.8 ha (98 acres) zoned ; South Farm lands 6.8 ha (16 acres) and a residential lot both zoned (); and West Farm lands which are zoned (), the parcel abutting to the west is 19.5 ha (48.2 acres) in area with 7 dwellings on it, the dwellings are contrary to the zone but are recognized as they predate By-Law No The parcel is owned by the River Styx Cottage Association with an ownership structure that appears to be similar to that of the Duffe Lane Cottage Association. Application The Final Plan of Condominium was submitted for the purpose of creating a vacant land condominium consisting of 14 vacant land residential units. Each unit has a cottage on it now and may be replaced with a cottage or a house. Each unit is accessed via a 20 metre wide laneway to be owned and maintained by the condominium as a common element. Provincial Policy Statement This proposal has regard for Policy as it: Is limited residential use based on individual water and septic systems within the capacity of the site to handle; Does not require the expansion of infrastructure; Complies with minimum distance separation formulae for the separation from livestock facilities; Is compatible with the existing rural landscape and service levels; Does not affect locally important agricultural resources; Does not represent new or expanding non-agricultural use; and Does not hinder other recreational, tourism or other economic opportunities. This proposal has regard for Policy , Sewer and Water, because the site is suitable for the long term provision of private individual water and septic systems, as demonstrated by the water supply assessment report. This proposal has regard for Policy 2.1, Natural Heritage, because it is not in an area of significant natural heritage. Nevertheless, provisions have been made to protect the water quality and to minimize any future disturbances. 130

5 - Page 5 - This proposal has regard for Policy 2.6, Cultural Heritage, because notification clauses have been added to conditions of approval regarding the discovery of artifacts. The height of houses and the setback of buildings from the shore line has been reviewed and set by zoning in accordance with Parks Canada s comments with regard to the UNESCO designation of the Rideau Canal. This proposal has regard for Policy 3.1.5, Natural Hazards, because provisions have been made in the Zoning By-Law to locate any future development away from the flood plain and provide minimum elevations for building openings as flood proofing measures. Official Plan The subject lands are designated Rural and Prime Agricultural in the Official Plan. The lands to be occupied by the cottages and the proposed condominium are designated Rural, except for the laneway and a small corner of the condominium lands. The goal of the Rural Designation is: To protect the rural community by balancing the environmental, resource protection, community and economic objectives of land use in the Rural Area, and to permit a range and scale of uses that help to promote the long term growth and viability of the rural community that is focused on the identified Hamlets of Elginburg, Brewer s Mills, Kingston Mills, Joyceville, Shannon s Corners and Sunnyside. To protect land suitable for agricultural production from scattered development and land uses which are unrelated to agriculture. The lands that are designated Prime Agricultural land are to remain in agricultural use. This is consistent with the goal of the designation: To protect land suitable for long term agricultural production from scattered development and other land uses that are unrelated to agriculture, and to encourage its long term use for food production. The proposal is consistent with the goal of the these designations. The lands that are designated as Prime Agricultural are not being used by the current land owner for agricultural purposes, as this is not the prime focus of the current owners. The agricultural lands are surplus to their needs and objectives. Approximately 8.31 ha of the of the Prime Agricultural lands has already been merged with a working viable farm, thus keeping it in viable farm use. The remaining 9.24 ha is intended to be transferred to the same farmer for the same use. The two sections are only divided by the 20 m wide access to the proposed condominimum to Isle of Man Road. Thus, the vast majority of the Prime Agricultural lands are being placed in a more intensive form of agricultural use. The proposal is a recognition of existing development and does not significantly increase the intensity of the residential use. The residential use may change from a 3 season use to a 4 season residential use. There is no introduction of a new incompatible use with such a change. The proposal protects and utilizes the existing agricultural 131

6 - Page 6 - lands and allows for the recognition and conversion of 14 cottages to regular condominium houses with consistent zoning standards. Section of the Official Plan recognizes pre-existing non conforming uses. The Official Plan will recogizes the existing uses and remove the expectation that they will cease over the long term. The Rideau Canal is a designated as a World Heritage Site by UNESCO. Many sections of the Official Plan contains policies to address this designation: Section and Section addresses the tourism potential of development proposals. This proposal has no impact on this policy as the proposal is primarily one of maintaining the existing situation. Future development will be subject to Heritage Impact Statements and also be subject to greater setback standards form the waters edge, thereby proctecting and enhancing the Rideau Canal. Section Cultural Heritage Resources, which include protected heritage buildings, built heritage resources, cultural heritage landscapes and archaeological resources will be conserved, managed and marketed for their contribution to the City s unique identity, history and sense of place in such a way as to balance heritage with environmental and accessibility concerns. Care will be taken not to put the UNESCO World Heritage Designation at risk. An Archaeological Assessment (Stage 1) of proposed severances Part 3, Concession 4, Geographic Township of Pittsburgh, City of Kingston, County of Frontenac, Ontario was submitted in support of this application. Despite the report title s reference to severances it is applicable to the proposal. The report found that the area is not of high archaeological site potential. However, the report includes six recommendations including Stage 2 Archaeological Assessments for any disturbed area prior to any new construction. The recommendations of the Assessment have been incorporated into the conditions of Draft Approval. Section indicates that views of the Rideau Canal are to be protected. This proposal has no impact on this policy as the proposal is primarily one of maintaining the existing situation. Future development will be subject to Heritage Impact Statements and also be subject to greater setback standards, thereby protecting and enhancing the Rideau Canal. Section 3.10.A contains specific policies regarding the UNESCO designation. These are addressed as follows: 1. The shoreline area is protected from further development. 2. The diversity of the landscape, scenic, natural and toursim resources are not affected by the proposal. 132

7 - Page 7-3. Parks Canada and the CRCA have been circulated with the proposal and their comments have been incorporated into the incorporation papers of the condominium. 4. Any future development will be subject to 30 metre setback from the flood line. 5. No plan of subdivision is requried as no new lots are being created. 6. The viewscape is not affected and any potential changes are in accordance with the height limit (8 m) and setback from the flood line (30 m) as recommended by Parks Canada. 7. No fortifications are affected. The proposed Official Plan recognizes the residential use of the land in the Rural Designation. It will allow conversion of the existing cottages in accordance with the following provisions: 1. That up to 14 detached dwellings will be permitted on the site as part of a condominium. 2. All servicing shall be provided by private individual well and septic systems on site. 3. There shall be no development, including the erecting of any dwelling or other structure, permitted within 30 metres of the flood plain elevation of metres (Geodetic Survey of Canada Datum). 4. All construction shall protect the shoreline, shoreline vegetation and fish habitat from damage or silting. 5. Changes to the dwellings will be accompanied with upgrades to the water well and sanitary systems to current standards. 6. That any new development will be accompanied by and be consistent with a Heritage Impact Statement. These policies recognize the existing development and conversion to regular condiminium houses. They ensure that service upgrades are implemented at the same time as any upgrades to the houses. Except for recognition of the residential use and the change in tenure of the lands, no significant development potential is being created. Zoning By-Law The lands are zoned Special Rural Residential R-11-H Zone. This zone was created and applied to the lands in 2010 for the purpose of supporting the vacant land condominium now proposed. The Final Plan of Condominium complies with the zone provisions and will allow the repair of the existing cottages or their replacement with a four season house. Site Plan Control In accordance with By-Law No , the site is not subject to Site Plan Control. Servicing, Lot Grading, Drainage and Stormwater Management Roadway, lot grading, drainage, sediment control and stormwater management is to be unaltered. Any change will be at the control and direction of the Condominium Corporation. 133

8 - Page 8 - Parkland Conveyance Parkland dedication is not provided for in this application because there is no increase in the number of dwelling units. Conclusion In conclusion, the Planning and Development Department recommends approval of the application for Final Plan of Condominium for the Duffe Lane Cottage Association lands at Part of Lot 4, Concession 4, Geographic Township of Pittsburgh, City of Kingston. The vacant land condominium will facilitate the maintenance of the lands and buildings and allow greater flexibility in the financing of land sales. No specific concerns were raised by external or internal agencies. All concerns dealing with the warning clauses have been placed in the draft incorporation documents for the condominium. The application conforms to and is consistent with the applicable policies in the Provincial Policy Statement and complies with the general intent of the City of Kingston Official Plan. EXISTING POLICY/BY LAW: The proposed condominium was reviewed against the policies of the Province of Ontario and policies, By-Law and studies of the City of Kingston to ensure that the condominium would be consistent with the Province s and City s policies. The following documents were assessed: Provincial Planning Act Condominium Act Provincial Policy Statement, 2005 Municipal City of Kingston Official Plan Zoning By-Law NOTICE PROVISIONS: N/A ACCESSIBILITY CONSIDERATIONS: No accessibility concerns have been identified. This report is available in alternate formats upon request. FINANCIAL CONSIDERATIONS: N/A CONTACTS: Steven Chew, Senior Planner, Development Approvals ext

9 - Page 9 - Julie Salter-Keane, Manager, Development Approvals ext Grant C. Bain, Director, Planning & Development Department ext OTHER CITY OF KINGSTON STAFF CONSULTED: Jim Fowler, Engineering Department EXHIBITS ATTACHED: Exhibit A Key Map Exhibit B Vacant Land Condominium Plan Exhibit C Existing Official Plan Designation Exhibit D Existing Zoning 135

10 WESTBROOK RD DETAIL PRINCESS ST RHAN DR KEY MAP RHAN DR STONEHENGE ST 737 AMARYLISS ST 734 PRINCESS ST KANANASKIS DR WESTBROOK RD WESTBROOK RD EXHIBIT A 1485 CREEKFORD RD Subject Lands COLLINS BAY RD WOODFIELD CRES SPROULE ST AVONDALE CRES MATIAS CRT PRINCESS ST Planning & Development a department of Community Services PREPARED BY: J. Partridge DATE: 12/11/2013 THE CORPORAT ION OF T HE CIT Y OF KINGSTON KEY MAP Applicant: S.S.B. Associates Inc. File Number: D Address: 3566 Princess Street Legal Description: PLAN 13M64 BLK 106 ARN: Legend Subjet Lands SCALE Meters 1:5,000 Disclaimer: This document is subject to copyright and may only be used for your personal, non -commercial use provided you keep intact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

11 137 EXHIBIT B

12 DUFFE LANE EXHIBIT C JARVIS RD LITTLE LANE DUSTYLANE DUFFE LANE SUBJECT LANDS: Duffe Lane Condominium Current Designation: Open Space/ Environmental Protection Area/ Rural/ Agricultural Land HUGHES RD RIVER STYX LN RIVER HARRISON LN STY X LN ISLE OF MAN RD NINA'S LANE ISLE OF MAN RD LEGEND RESIDENTIAL CENTRAL BUSINESS DISTRICT AGRICULTURAL LAND ENVIRONMENTAL PROTECTION AREA ESTATE RESIDENTIAL REGIONAL COMMERCIAL RURAL COMMERCIAL EPA SUBMERGED VEGETATION BUSINESS PARK INDUSTRIAL MAIN STREET COMMERCIAL RURAL INDUSTRIAL HAMLET GENERAL INDUSTRIAL DISTRICT COMMERCIAL INSTITUTION HARBOUR AREA; WATER AREA WASTE MANAGEMENT INDUSTRIAL ARTERIAL COMMERCIAL DEFERRED AREA MINERAL RESOURCE AIRPORT RURAL OPEN SPACE SECONDARY PLAN AREA Planning & Development a department of Community Services PREPARED BY: J. Partridge DATE: 12/11/2013 THE CORPORAT ION OF T HE CIT Y OF KINGSTON Official Plan for the City of Kingston Schedule 3-A, Existing Land Use Applicant: DUFFE LANE COTTAGE ASSOCIATION File Number:D Address: Duffe Lane Condominium Lot/Con: CON 4 PT LOT 4 Legal Description: RP13R15944;PARTS 1-8 ARN: SCALE Meters 1:10,000 Disclaimer: This document is subject to copyright and may only be used for your personal, non -commercial use provided you keep intact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

13 EPA SUBJECT LANDS Address: Duffe Lane Condominium Zoning By-Law: Current Zone: RR-11-H EXHIBIT D -29-H LSR-H JARVIS RD RIVER STYX LANE L ITTLE LANE 2518 DUSTY LANE RR-11-H DUFFE LANE HUGHES RD 3167 A LSR-H LSR-H Planning & Development a department of Community Services PREPARED BY: J.Partridge Date: Oct 24, H ISLE OF MAN RD EXISTING ZONING RR THE CORPORAT ION OF T HE CIT Y OF KINGSTON Zoning By-Law: Applicant: DUFFE LANE COTTAGE ASSOCIATION File Number:D Address: Duffe Lane Condominium Lot/Con: CON 4 PT LOT 4 Legal Description: RP13R15944;PARTS 1-8 ARN: H Legend: Subject Property SCALE Meters 1:10,000 FOR REFERENCE PURPES ONLY THIS IS AN OFFICE Subject CONSOLIDATION. Property FOR ACCURATE REFERENCE THE ORIGINAL ZONING BY-LAW AND AMENDMENTS THERETO SHOULD BE CONSULTED AT 1211 JOHN COUNTER BLVD Subject lands