CITY OF KINGSTON REPORT TO PLANNING COMMITTEE

Transcription

1 149 CITY OF KINGSTON REPORT TO PLANNING COMMITTEE Report No.: PC TO: FROM: RESOURCE STAFF: Chair and Members of Planning Committee Lanie Hurdle, Commissioner, Community Services Sheldon Laidman, Acting Director, Planning and Development DATE OF MEETING: April 17, 2014 SUBJECT: PUBLIC MEETING / COMPREHENSIVE REPORT (File No. D ) Application for Zoning By-Law Amendment 9 Morton Way Applicant: Philip J. Brown Family Trust Agent: City Of Kingston EXECUTIVE SUMMARY: This is a public meeting and comprehensive report to provide a recommendation to the Planning Committee regarding an application for Zoning By-Law Amendment submitted by the Real Estate and Land Development Department on behalf of the property owner for the property at 9 Morton Way. The subject property has a total area of approximately 2020 square metres and contains a single family dwelling. The application proposes to address the non-conforming status of the property that resulted from the recent municipal closure of Morton Street, which was an unimproved public street now renamed as Morton Way. The application is consistent with the Provincial Policy Statement and the policies of the City of Kingston Official Plan. No concerns were raised by other departments or external agencies. RECOMMENDATION: THAT subject to public comments received from the Public Meeting, it be recommended to Council that the application for Zoning By-Law Amendment (File No. D ) submitted by the Real Estate and Land Development Department of the City of Kingston, for the property located at 9 Morton Way, BE APPROVED; and THAT it be recommended to Council that the former City of Kingston Zoning By-Law No. 8499, as amended, be further amended as follows:

2 150 REPORT TO PLANNING COMMITTEE April 17, Page 2 - REPORT NO. PC By-Law No of The Corporation of the City of Kingston, entitled Restricted Area (Zoning) By-Law of The Corporation of the City of Kingston, as amended, is hereby further amended as follows: 1.1. That Zone Map 29 of Schedule A, as amended, is hereby further amended by changing the zone symbol of the property known as 9 Morton Way from One-Family Dwelling and Two-Family Dwelling Zone A to Special Requirement One-Family Dwelling and Two- Family Dwelling Zone A.445, as shown on Schedule A attached to and forming part of By-Law No xxx By Adding the following section to PART VIII EXCEPTIONS TO VARIOUS ZONE CLASSIFICATIONS: 445. A.445 (9 Morton Way) a) The permitted uses shall be in accordance with Section 6.2 of this By-Law; b) Notwithstanding Section 5.22 of this By-Law ( Residential Units Fronting on a Street ) and Section 5.31 of this By-Law, a one-family dwelling, a two-family dwelling and the conversion of a one-family dwelling to a two-family dwelling, with access provided by an easement, shall be a permitted use; and c) For the purposes of interpretation of the applicable A zone regulations respecting the existing one-family dwelling and any future development or redevelopment of the property, the portion of the lot fronting onto Morton Way shall be deemed the front yard. THAT the By-Law be presented to City Council for all three readings.

3 151 REPORT TO PLANNING COMMITTEE April 17, Page 3 - REPORT NO. PC AUTHORIZING SIGNATURES: Lanie Hurdle, Commissioner, Community Services Gerard Hunt, Chief Administrative Officer CONSULTATION WITH THE FOLLOWING COMMISSIONERS: Cynthia Beach, Corporate & Strategic Initiatives Denis Leger, Transportation, Facilities and Emergency Services Jim Keech, President and CEO, Utilities Kingston N/R N/R (N/R indicates consultation not required)

4 152 REPORT TO PLANNING COMMITTEE April 17, Page 4 - REPORT NO. PC OPTIONS/DISCUSSION: Origin On February 13, 2014, the Real Estate and Land Development Department submitted a Zoning By-Law Amendment application on behalf of the property owner, the Philip J. Brown Family Trust, with respect to 9 Morton Way. The purpose of the application is to address the nonconforming status of the property resulting from the closure of Morton Street. The street closure was approved by Council on June 19, 2012 through By-Law The purpose of the closure was to enable the City to allocate the necessary land to fulfill the requirements to provide a loading space for the J.K. Tett Building. The existing right-of-way was unmaintained and did not meet today s standards for the minimum width requirements of a local road. The closure of the road allowance and the establishment of a publicly accessible laneway is necessary to accommodate the redevelopment of the J.K. Tett Building and uses typically not permitted within a road allowance, such as a loading bay, forced main pumping station, dedicated parking, stairs and infrastructure relating to the function of the building which are proposed to be situated in the Morton Street road allowance. In addition, the road closure provides an opportunity for improved landscaping and pedestrian access along the east side of the Artistic and Cultural Hub complex as well as improving the access to the residential lot municipally known as 9 Morton Way. Morton Street was renamed Morton Way and continues to be used for public access to the waterfront, emergency access, service access to Utilities Kingston infrastructure, service laneway for the Tett Centre building and as access for the subject lands. The Zoning By-Law Amendment approved for the Tett Centre in 2009 (D ) identified the need to close Morton Street at the time of Site Plan Control to ensure compliance with By- Law which prohibits the creation of permanent encroachments on highways. Subsequent to the road closure, an easement agreement between the City and the owner of 9 Morton Way has been registered. The easement agreement formally provides vehicular and pedestrian access for the subject property from the intersection of Morton Way with King Street West. As noted above, Morton Way also provides public access to the waterfront, access for emergency response vehicles, a service laneway to the Tett Centre site and the Utilities Kingston pumping station. Staff have met with the property owner and the application submission for the subject property includes a letter of support from the property owner, attached as Exhibit A. On February 13, 2014, the Zoning By-Law Amendment application was deemed complete, in accordance with the Planning Act. Site Characteristics The subject property is a rectangular shaped lot located on the east side of Morton Way, south of King Street West (Key Map - Exhibit B). The property has an approximate lot area of 2020 square metres. Surrounding the property are residential uses to the north and east. Lake Ontario is located to the south of the subject lands. To the west are lands owned by the City of

5 153 REPORT TO PLANNING COMMITTEE April 17, Page 5 - REPORT NO. PC Kingston, designated under Part IV of the Ontario Heritage Act and currently being redeveloped as the Tett Centre for Creativity and Learning. Zoning By-Law Amendment Application The closure of Morton Street in 2012 resulted in the subject property having non-conforming zoning status, as the property is considered as lacking access to a street. Through Section 5.22 of the general provisions of Zoning By-Law 8499, residential uses are permitted, provided they have frontage on a street. Furthermore, Section 5.31 of the general provisions contains a provision that prohibits the use of a building unless it has full municipal services, including street facilities. As a legal non-conforming use, the existing residential use on the property may continue. However, future changes to or expansion of the existing building may necessitate that the owner apply for approvals under the Planning Act through the City s Committee of Adjustment. Also, the owner s ability to sell the property may be negatively impacted due to the property s nonconforming status. Staff have received a letter of support from the property owner, which forms part of the subject application submission and includes wording to specify the proposed zoning amendment for the subject lands. The Zoning By-law Amendment would apply a site-specific zone to the subject property. The rezoning would reaffirm the permitted uses and remove the non-conforming status of the property by permitting the land uses prescribed to the A zone through access provided by an easement. An access easement for 9 Morton Way has been registered and contains an Access Plan. The Access Plan is attached for reference as Exhibit C. In support of the application, the applicant has submitted the following: Plot Plan (Exhibit D) Planning Justification Report Registered Easement Agreement with Access Plan Letter of Support from Property Owner Public Meeting and Comprehensive Report: The Planning and Development Department is requesting that the public meeting and comprehensive report be held concurrently for the following reasons: The proposed Zoning By-Law Amendment is compatible with policies of the City of Kingston Official Plan and Provincial Policy Statement; The proposed amendment is considered minor in nature; and Combining the public meeting and comprehensive report facilitates the streamlining of the development approval process, thereby decreasing application processing time. EXISTING POLICY/BY LAW: Provincial Policy Statement The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development that are complemented by local policies addressing local

6 154 REPORT TO PLANNING COMMITTEE April 17, Page 6 - REPORT NO. PC interests. The proposal is generally consistent with the Provincial Policy Statement with respect to the following: Promoting efficient development and land use patterns which sustain the financial wellbeing of the Province and municipalities over the long term (1.1.1.a); Accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet long-term needs (1.1.1.b); Promoting cost-effective development standards to minimize land consumption and servicing costs (1.1.1.e); Efficient use shall be made of existing and planned infrastructure ( ); Connectivity within and among transportation systems and modes should be maintained and, where possible, improved including connections which cross jurisdictional boundaries ( ); and Transportation and land use considerations shall be integrated into all stages of the planning process ( ). Official Plan The subject property is designated Residential and Environmental Protection Area (EPA) in the City of Kingston Official Plan (Existing OP Designation Exhibit E). The Residential designation permits a variety of housing types. The EPA designation along the shoreline recognizes lands that have inherent environmental sensitivity, coinciding with flood prone locations, which may be subject to wave uprush and erosion hazards. In terms of the City Structure section of the Plan, the property is located within a Housing District on Schedule 2. The lands are also located in the King Street West Heritage Corridor, as identified in Schedule 9. Under Section 4 (Infrastructure and Transportation) the Official Plan contains a policy section regarding private roads. The proposed development is consistent with the general purpose and intent of the Official Plan and therefore an amendment to the Official Plan is not required. Zoning By-Law The subject site is zoned One-Family and Two-Family Residential (A) in Zoning By-Law No. 8499, as amended (Existing Zoning - Exhibit F). The One-Family and Two-Family Residential zone permits a one or two-family residential unit(s) on a property, as well as other community uses such as libraries, community halls, churches, and public and private day school. ANALYSIS The proposed amendment seeks to reaffirm the uses permitted through the applicable A zone, as per Section 6.2 of the Zoning By-Law, as well as upholding that the permitted uses with access provided by an easement. The third aspect of the amendment establishes that for the

7 155 REPORT TO PLANNING COMMITTEE April 17, Page 7 - REPORT NO. PC purpose of interpretation of the applicable zoning provisions, the portion of the lot fronting onto Morton Way shall be deemed the front yard. The proposed amendment has been assessed by staff as having minimal impact and being compatible with adjacent development. It is appropriate and minor, as no changes to the property are associated with the proposal and the effect of the amendment is to remove a nonconforming status of the property that resulted from the City s action in the closure of Morton Street. The proposed Zoning By-Law Amendment is attached as Exhibit G. In terms of the Official Plan, the effect of the application is to reaffirm permitted uses that are consistent with the uses permitted through the property s Official Plan designation of Residential. The application is consistent with Section which deals with functional needs, in that it is a proposal that seeks to meet the long-term needs of the intended users or occupants, promotes the efficient use of municipal services and provides clearly defined and safe site access. Although Morton Street is no longer a public street, improvements are planned for the lane as part of the implementation of the approved Site Plan Control application (D ) for the neighbouring Tett Centre site. In summary, staff view the proposal as being consistent with the Official Plan policies pertaining to compatibility, in that the proposed arrangement for access facilitates the various uses, buildings and sites to co-exist from a functional perspective. Other Technical Comments Building, Engineering, Fire and Rescue, Environment, KFL&A Public Health, Parks Development, Planning and Development Heritage, Public Works Operations, Solid Waste, Transportation Services, Utilities Kingston, Kingston Hydro and the Cataraqui Region Conservation Authority had no concerns with respect to the Zoning By-Law Amendment application. Public Comments The Public Meeting is being held concurrently with the submission of the Comprehensive Report. To date, no correspondence has been received about this application. Conclusion In conclusion, Planning Staff recommend approval of the application for Zoning By-Law Amendment for the property located at 9 Morton Way, subject to any comments received from the Public Meeting. The application conforms to and is consistent with the applicable policies in the Provincial Policy Statement. The proposed amendment reinforces permitted uses that are consistent with the property s designation in the Official Plan. The requested amendment to address the nature of the current access for the property is minor in nature. No changes to the property are associated with the application. Any new development and re-development will be required to meet the standard regulations of the Zoning By-Law.

8 156 REPORT TO PLANNING COMMITTEE April 17, Page 8 - REPORT NO. PC NOTICE PROVISIONS: A Public Meeting is being held concurrent with the comprehensive report submission with respect to this application on April 17, Pursuant to the requirements of the Planning Act, a notice of the statutory Public Meeting was provided by advertisement in the form of a sign posted on the subject site 20 days in advance of the Public Meeting. A Notice of Public Meeting regarding this application was also sent by first class mail to all property owners within 120 metres of the subject property. There were approximately 40 property owners notified by mail. In addition, a courtesy notice was published in The Kingston Whig-Standard. Anyone who attends the Planning Committee Public Meeting may present an oral submission, and/or provide a written submission on the proposed amendment. Also, any person may make written submissions at any time before City Council makes a decision on the application. If a person or public body does not make oral submissions at a Public Meeting or make written submissions to the City of Kingston before the application is approved, the person or public body is not entitled to appeal the decision of the City of Kingston to the Ontario Municipal Board. If a person or public body does not make oral submissions at a Public Meeting or make written submissions to the City of Kingston before the By-Laws are passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. The Planning Committee will receive a Comprehensive Report at the regular agenda component of the Planning Committee meeting at which time a recommendation, subject to the outcome of the Public Meeting, will be made to Council regarding the amendment or may be referred back to staff for further review. The decision of City Council will be final unless appealed. The notice of Public Meeting indicated that this report would include a recommendation to the Planning Committee, subject to the outcome of the Public Meeting. ACCESSIBILITY CONSIDERATIONS: N/A FINANCIAL CONSIDERATIONS: N/A CONTACTS: Lanie Hurdle, Commissioner, Community Services ext Sheldon Laidman, Acting Director, Planning and Development ext Julie Salter-Keane, Manager, Development Approvals ext Lindsay Lambert, Planner, Planning & Development Department ext DEPARTMENTS/OTHERS CONSULTED AND AFFECTED: Peter Huigenbos, Manager, Real Estate & Land Development George Wallace, Project Manager, Admin & Special Projects

9 157 REPORT TO PLANNING COMMITTEE April 17, Page 9 - REPORT NO. PC EXHIBITS ATTACHED: Exhibit A Letter of Authorization from Property Owner Exhibit B Key Map Exhibit C Access Plan Exhibit D Plot Plan Exhibit E Existing Official Plan Designation Exhibit F Existing Zoning Exhibit G Proposed By-Law

10 158 EXHIBIT A

11 DETAIL ELLERBECK ST KEY MAP PORTSMOUTH AVE 339 UNION ST 18 JOHNSON ST 4 ALFRED ST EXHIBIT B DIVISION ST BROCK ST BARRIE ST QUEEN ST PRINCESS ST CENTRE ST Subject Lands KING ST E ONTARIO ST KING ST W KING ST W MORTON WAY MORTON WAY Planning & Development a department of Community Services PREPARED BY: J. Partridge DATE: 28/02/2014 THE CORPORAT ION OF T HE CIT Y OF KINGSTON KEY MAP Applicant: City of Kingston File Number: D Adrress: 9 Morton Way Legal Description: PLAN 125 PT BLK A, 13R16449;PARTS 1,2,3 & 4 ARN: Legend Subject lands SCALE Meters 1:1,250 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.

12 160 EXHIBIT C

13 EXHIBIT D Parts R Morton Way Isabel Bader Centre for the Performing Arts Lake Ontario Real Estate & Land Development a division of Corporate and Strategic Initiatives Prepared by: Mike Wong Date: 09/01/14 THE CORPORATION OF THE CITY OF KINGSTON Plot Plan Address: 9 Morton Way Legend Subject Property Ingress Egress Access to Subject Property City of Kingston Lands Queen s University Lands Declaimer: this document is subject to copyright and may only be used for your personal, noncommercial 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 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 Kingston. 161

14 ELLERBECK ST EXHIBIT E CENTRE ST KING ST W SUBJECT LANDS: 9 Morton Way Current Designation: Residential/EPA MORTON ST 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 THE CORPORAT ION OF T HE CIT Y OF KINGSTON Official Plan for the City of Kingston Schedule 3-A, Existing Land Use Planning & Development a department of Community Services PREPARED BY: J. Partridge DATE: 05/03/2014 Applicant: City of Kingston File Number: D Adrress: 9 Morton Way Legal Description: PLAN 125 PT BLK A, 13R16449;PARTS 1,2,3 & 4 ARN: SCALE Meters 1:1,250 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.

15 A ELLERBECK ST E2 KING ST W SUBJECT LANDS 9 Morton Way 4 Zoning 339 By-Law: 8499 Current Zone: A CENTRE ST A EXHIBIT F P1.387 MORTON WAY E OS3 Planning & Development a department of Community Services PREPARED BY: J.Partridge Date: March 5, 2014 THE CORPORAT ION OF T HE CIT Y OF KINGSTON EXISTING ZONING Zoning By-Law: 8499, Map 30 Applicant: City of Kingston File Number: D Adrress: 9 Morton Way Legal Description: PLAN 125 PT BLK A, 13R16449;PARTS 1,2,3 & 4 ARN: SCALE Meters 1:2, Legend: Subject lands Current Zone: A FOR REFERENCE PURPOSES ONLY THIS IS AN OFFICE CONSOLIDATION. FOR ACCURATE REFERENCE THE ORIGINAL ZONING BY-LAW AND AMENDMENTS THERETO SHOULD BE CONSULTED AT 1211 JOHN COUNTER BLVD

16 164 BY-LAW NO xxx EXHIBIT G Clause, Report No. xxx-2014 D A BY-LAW TO AMEND BY-LAW NO. 8499, RESTRICTED AREA (ZONING) BY- LAW OF THE CORPORATION OF THE CITY OF KINGSTON (Zone Change from One-Family Dwelling and Two-Family Dwelling Zone A to Special Requirement One-Family Dwelling and Two-Family Dwelling Zone A.445, 9 Morton Way) PASSED:, 2014 WHEREAS by Order of the Minister of Municipal Affairs and Housing, The Corporation of the Township of Kingston, The Corporation of the Township of Pittsburgh and The Corporation of the City of Kingston were amalgamated on January 1, 1998 to form The Corporation of the City of Kingston as the successor municipal Corporation and pursuant to the Minister s Order, any by-laws of the former municipality passed under the Planning Act continue as the by-laws covering the area of the former municipality now forming part of the new City; AND WHEREAS the Council of The Corporation of the City of Kingston deems it advisable to amend By-Law No. 8499, as amended, of the former City of Kingston; NOW THEREFORE the Council of The Corporation of the City of Kingston hereby ENACTS as follows. 1. By-Law No of The Corporation of the City of Kingston, entitled Restricted Area (Zoning) By-Law of The Corporation of the City of Kingston, as amended, is hereby further amended as follows: 1.1. That Zone Map 29 of Schedule A, as amended, is hereby further amended by changing the zone symbol of the property known as 9 Morton Way from One- Family Dwelling and Two-Family Dwelling Zone A to Special Requirement One- Family Dwelling and Two-Family Dwelling Zone A.445, as shown on Schedule A attached to and forming part of By-Law No xxx By Adding the following section to PART VIII EXCEPTIONS TO VARIOUS ZONE CLASSIFICATIONS: 445. A.445 (9 Morton Way) a) The permitted uses shall be in accordance with Section 6.2 of this By- Law; b) Notwithstanding Section 5.22 of this By-Law ( Residential Units Fronting on a Street ) and Section 5.31 of this By-Law, a one-family dwelling, a two-family dwelling and the conversion of a one-family dwelling to a two-family dwelling, with access provided by an easement, shall be a permitted use;

17 165 Zoning Amendment 9 Morton Way By-Law No xxx Page 2 of 3 c) For the purposes of interpretation of the applicable A zone regulations respecting the existing one-family dwelling and any future development or redevelopment of the property, the portion of the lot fronting onto Morton Way shall be deemed the front yard. 2. This By-Law shall come into force and take effect on its passing, provided no Notice of Appeal is filed to this By-Law, all in accordance with the provisions of Section 34, Subsections 19 and 30 of the Planning Act, R.S.O. 1990, c. P. 13; and where one or more appeals have been filed within the time period specified, at the conclusion of which, the provisions of Section 34, Subsections 19 and 30 of the Planning Act, R.S.O. 1990, c. P. 13 apply and the By-Law shall be deemed to have come into force and take effect on the day it was passed. GIVEN ALL THREE READINGS AND PASSED XXX XX, 2014 JOHN BOLOGNONE CITY CLERK MARK GERRETSEN MAYOR

18 LIVINGSTON AVE EXHIBIT G ELLERBECK ST 29 CON 1 LOT CENTRE ST CON 1 LOT KING ST W Subject Lands CON 0 LOT MORTON WAY CON 0 LOT Planning & Development a department of Community Services PREPARED BY: J. Partridge DATE: 3/20/2014 THE CORPORATION O F THE CIT Y O F KINGSTO N SCHEDULE 'A' TO BY-LAW NO. Applicant: City of Kingston File Number: D Adrress: 9 Morton Way Legal Description: PLAN 125 PT BLK A, 13R16449;PARTS 1,2,3 & 4 ARN: Meters 166 Legend: Reference By-Law 8499 Map 30 Subject lands Certificate of Authentication This is Schedule 'A' to By-Law No., passed this day of Mayor Rezoned from A to??? Clerk