City Of Kingston Planning Committee Meeting Number Confirmed Minutes Tuesday August 29, 2017 at 6:30 p.m. Council Chamber, City Hall

Transcription

1 City Of Kingston Planning Committee Meeting Number Confirmed Minutes Tuesday August 29, 2017 at 6:30 p.m. Council Chamber, City Hall Committee Members Present Councillor Schell; Chair Councillor Holland Councillor M c Laren Councillor Neill Regrets Councillor Osanic Councillor Turner Staff Members Present Ms. Agnew, Director, Planning, Building & Licensing Services Ms. Bolton, Senior Planner Ms. Didrikson, Intermediate Planner Ms. Lambert, Senior Planner Mr. Ochej, Committee Clerk Ms. Rae, Senior Legal Counsel Mr. Sifat, Intermediate Planner Ms. Venditti, Manager, Development Approvals Others Present Members of the public were present Introduction by Committee Chair Councillor Schell, Chair, explained the purpose of the meeting and read the rights and obligations afforded to the Committee members and members of the public during public meetings.

2 Public Meeting Held Pursuant to the Planning Act 6:30 p.m. Application for Zoning By-Law Amendment Page 2 of 19 The following is a Public Meeting report to the Planning Committee regarding an application for a zoning by-law amendment submitted by Robert Blasko, Sutton Group- Masters Realty Inc. and Nancy Cornish, IBI Group Incorporated on behalf of Robert Blasko and Benjamin James Blasko, with respect to the subject properties located at Park Street. This report describes the proposed application and includes an overview of the relevant policies and regulations that will be evaluated as part of a future comprehensive report. The applicant is proposing a zoning by-law amendment to permit the construction of two semidetached dwellings on abutting lots located at 102 and 104 Park Street. The development would result in a total of four residential units across the two properties, with two units on each site. The two existing single-detached dwellings would be demolished to accommodate the semidetached dwellings. The two properties at 102 and 104 Park Street are also the subject of current applications for consent, to create easements that would permit the creation and use of a shared driveway (File Numbers D and D ). File Number: D Address: Park Street Application Type: Zoning By-Law Amendment Owner: Robert Blasko and Benjamin James Blasko Applicant: Robert Blasko, Sutton Group-Masters Realty Inc. and Nancy Cornish, IBI Group Incorporated (See Report PC ) Councillor Schell, Chair, called the public meeting regarding the Application for Zoning By-Law Amendment Park Street to order at 6:35 p.m. Ms. Lesley Mushet, IBI Group, spoke to the details of the application and conducted a PowerPoint presentation. A copy of the presentation can be obtained by contacting the City Clerk s Department. Pursuant to the requirements of the Planning Act, a notice of the Statutory Public Meeting was provided by advertisement in the form of signage posted on the subject sites 20 days in advance of the Public Meeting. In addition, notices were sent by mail to all 99 property owners (according to the latest assessment rolls) within 120 metres of the subject property (Exhibit F Public Notice Notification Map). A courtesy notice was also placed in The Kingston Whig-Standard on August 22, 2017.

3 Ms. Bolton informed the Committee that three items of correspondence had been received regarding the application. Page 3 of 19 Councillor Neill expressed concern with the number of parking spaces available given the number of bedrooms in each unit. Ms. Mushet responded that parking is being provided at the required ratio of one parking space per unit, and added that there are public transit and active transportation options in the area. Councillor Neill inquired if there is any potential for adding parking spaces on-site, or providing off-street parking options in the neighbourhood. Ms. Mushet confirmed that the applicant intends to comply with the parking ratio as proscribed in the by-law. Councillor Neill suggested that staff may wish to examine the parking ratio on a per bedroom basis as opposed to a per unit basis. The Chair afforded members of the public the opportunity to provide comment. Mr. Randy Conroy, 103 Park St, expressed concern with the impact that the application would have on the stability of the neighbourhood. He expressed particular concern regarding the availability of on-street parking, as well as noise. Mr. Conroy requested that the mature trees on the property be preserved. Mr. Lawrence Huot, 7 Scott St, spoke to his written comments regarding the application for a zoning by-law amendment, Park Street. A copy of his comments may be obtained by contacting the City Clerk s Department. Mr. Frank Dixon, 485 Alfred St Apartment 2, inquired about potential heritage aspects of the current buildings on the property and questioned if there is additional space for parking at the rear of the property. He expressed concern that floor plans and design aspects for the properties were not included in the report for public comment. Ms. Gail Raflub, representing her parents, residents at 11 Scott St, expressed concern with the impact that the application will have on storm water runoff in the area. Ms. Sharon Strickland, 5 Carruthers Av, expressed concern with the impact of the application on the local community given the increase in density. She stated that the application does not enhance the community, and given the changing demographics of Kingston, additional housing of this type is not desirable. Ms. Strickland also expressed concern regarding the shared driveway and the potential for disputes between tenants on this matter. Mr. Donald Mitchell, 43 Gibson Av, inquired about the specification in the presentation of student use for the application, and the resulting impact of student occupation on parking, amenity space and neighbouring properties. He discussed the need for new developments to fit into the functionality of the neighbourhood they are within, stating that the application does not fit into its neighbourhood due to the number of bedrooms.

4 Mr. Mitchell concluded by stating that maximum protection should be granted to neighbouring properties. Page 4 of 19 Ms. Karen Hutchins, 62 Scott St, stated her brother who lives in the area will be moving due to increased development in the neighbourhood. She also expressed concern with the impact the application would have on flooding problems in the area. Mr. Jay Patry stated that four parking spaces are adequate for an application of this type. He discussed the public opposition to student housing applications, suggesting that the applicant consider creating more units with fewer bedrooms per unit. Regarding storm water management, he stated in his experience storm water management typically improves for the neighbourhood when compared to the situation prior to development. Ms. Lorie Nadon, 99 Park St, stated the number of parking spaces is inadequate for the application, and expressed concern with the storage of snow and the potential for flooding as a result of inadequate storage space. Ms. Lori Davis, 14 Scott St, expressed concern with the lack of parking and the density of the application. She stated that the storm water management infrastructure in the neighbourhood would not be able to handle the runoff generated by the application, and expressed concern with the impact of additional traffic on the nearby school drop-off zone. Ms. Mushet responded that there is a mix of rental and family properties in the area, and that the proposed application is not being solely targeted at students, adding that zoning can only be granted for use and not for users. Regarding trees, she stated that the preservation of current trees on site can be examined through the site plan approval process. Ms. Mushet stated that moving the houses forward on the property could help to create additional parking spaces and snow storage areas. Regarding storm water management, Ms. Mushet stated that proper grading will be undertaken to mitigate storm water runoff issues. Mr. Mark Touw, IBI Group, discussed the grading plan review process, explaining that the volume of water that will be coming off the property will need to be equal or lesser than the amount that is current coming off the property. He added that it is the applicant s intention to direct storm water towards the street and not abutting properties. Mr. Touw added that there is space at the rear of the property dedicated for vehicle turnaround, but that it can be examined to see if space can be used to create additional parking or snow storage.

5 Page 5 of 19 The public meeting regarding the application for Zoning By-Law Amendment Park Street adjourned at 7:18 p.m. Public Meeting Held Pursuant to the Planning Act 6:30 p.m. Application for Zoning By-Law Amendment The following is a Public Meeting report to the Planning Committee regarding an application for a zoning by-law amendment submitted by IBI Group Incorporated on behalf of Jay Patry, with respect to the subject site located at Colborne Street. This report describes the proposed application and includes an overview of the relevant policies and regulations that will be evaluated as part of a future comprehensive report. The application was submitted in 2010 in response to zoning by-law enforcement by the city for illegal dwelling units. The application proposes to permit an existing fifth residential unit within the existing building. Previously approved minor variances in 1990 and 1992 (File Numbers and ) permitted a rear addition and a total of four residential units. A previous Statutory Public Meeting was held on March 1, The development is the subject of an active Site Plan Control application (File Number D ). The application proposes three on-site parking spaces to be accessed via a proposed easement over the abutting property to the north, municipally known as 24 Elm Street. The proposed access easement is the subject of an active consent application (File Number D ). The site is designated Residential in the City of Kingston Official Plan and is currently zoned Multiple Family Dwelling B3 zone in Zoning By-Law Number 8499, as amended. File Number: D Address: Colborne Street Application Type: Zoning By-Law Amendment Owner: Jay Patry Applicant: IBI Group Incorporated (See Report PC ) Councillor Schell, Chair, called the public meeting regarding the Application for Zoning By-Law Amendment Colborne Street to order at 7:19 p.m. Mr. Mark Touw, IBI Group, spoke to the details of the report and conducted a PowerPoint presentation. A copy of the presentation can be obtained by contacting the City Clerk s Department. Pursuant to the requirements of the Planning Act, a notice of the Statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site

6 Page 6 of days in advance of the Public Meeting. In addition, notices were sent by mail to all 124 property owners (according to the latest Assessment Rolls) within 120 metres of the subject property. A courtesy notice was also placed in The Kingston Whig-Standard on August 22, Ms. Lambert informed the Committee that one item of correspondence had been received regarding the application. Councillor Neill sought clarity on the number of bedrooms for the application. Mr. Touw confirmed there are 5 separate units containing 24 bedrooms. Councillor Neill stated his concern regarding the amount of time the application was incomplete, and that the property continued to be rented during this time. Councillor Holland inquired about the proposed easement with 24 Elm Street, and how that easement would be affected by a change in ownership for 24 Elm Street. Mr. Touw stated that easement would be on the property, and would remain in effect regardless of a change in ownership of 24 Elm Street. Councillor Holland discussed the on-street parking permit program in the neighbourhood, and asked what impact this would have on parking for the property. Mr. Touw stated he was not aware of any impact the program would have on parking for the property. Mr. Patry stated that in his ownership of the property he has never had a need for more three parking spaces, and that he feels this number of spaces will be adequate into the future. Councillor Schell sought clarity on how the parking spots are currently accessed. Mr. Touw responded that at one point in time there was a driveway on the side yard, which has since been converted to a pedestrian walkway, and that he was unsure how long access has been granted via Elm Street. The Chair afforded members of the public the opportunity to provide comment. Mr. Frank Dixon, 485 Alfred St Apartment 2, sought clarity on the number of units and bedrooms and inquired if the building contains any heritage aspects. Mr. Touw responded that the building is not a designated heritage property. Regarding number of units and bedrooms, Mr. Touw confirmed that there are 24 bedrooms within 5 units and that relief was being sought related to parking requirements. The public meeting regarding the application for Zoning By-Law Amendment Colborne Street adjourned at 7:36 p.m.

7 Public Meeting Held Pursuant to the Planning Act 6:30 p.m. Application for Zoning By-Law Amendment Page 7 of 19 The following is a Public Meeting report to the Planning Committee regarding an application for a zoning by-law amendment submitted by FOTENN Consultants Inc. on behalf of the owner, Dennis Perrault, with respect to the subject site located at Montreal Street. This report describes the proposed application and includes an overview of the relevant policies and regulations that will be evaluated as part of a future comprehensive report. The site is located on the south west corner of Montreal Street and Charles Street. The property has an area of approximately 240 square metres and is developed with a mixed use, two-storey building with a commercial ground floor and two, two-bedroom apartments on the upper level. The property is currently designated 'Residential in the City of Kingston Official Plan and zoned A.141 (a site-specific One-Family and Two-Family Dwelling Zone) in Zoning By-Law Number The applicant is requesting an amendment to the zoning by-law to permit the potential conversion of the ground floor of the existing building to two, two-bedroom dwelling units. The requested amendment would maintain existing permissions for a Neighbourhood Store on all or a portion of the ground floor with the potential to convert the remaining ground floor to a dwelling unit. The proposed amendment also permits relief from a number of performance standards such as the maximum permitted residential density, minimum required amenity space, and the number and dimensions of parking spaces. Two parking spaces and five bicycle parking spaces can be accommodated at the rear of the property. Amenity area is proposed to be provided in a second storey deck above an existing one-storey addition at the rear of the property. The establishment of two dwelling units in the ground floor, for a total of four dwelling units, will require Site Plan Control approval, in accordance with the City's Site Plan Control By-Law Number File Number: D Address: Montreal Street Application Type: Zoning By-Law Amendment Owner: Dennis Perrault Applicant: Dennis Perrault and FOTENN Consultants Inc. (See Report PC ) Councillor Schell, Chair, called the public meeting regarding the Application for Zoning By-Law Amendment Montreal Street to order at 7:37 p.m.

8 Page 8 of 19 Ms. Jennifer Garrah, FOTENN Consultants Inc., spoke to the details of the report and conducted a PowerPoint presentation. A copy of the presentation can be obtained by contacting the City Clerk s Department. Pursuant to the requirements of the Planning Act, a notice of the Statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site 20 days in advance of the Public Meeting. In addition, notices were sent by mail to all 110 properties (according to the latest Assessment Rolls) within 120 metres of the subject property (Exhibit H Public Notice Notification Map). A courtesy notice was also placed in The Kingston Whig-Standard on August 22, Ms. Didrikson informed the Committee that 13 items of correspondence had been received regarding the application. Councillor Holland sought clarity on the inclusion of multiple floor plans in the report. Ms. Garrah clarified that the multiple floor plans represent the options that would be available to the owner if the application were to be approved. She further explained the three floor plans represent the current situation at the property, the property with one commercial unit and one residential unit on the main floor, and the property with two residential units on the main floor. Councillor Holland asked if the floor plans would allow for a quick conversion from residential to commercial on the main floor. Ms. Garrah responded that the application, if approved, would allow the commercial unit to be constructed with only building permits required. She added that the owner has advised her that it would not be difficult to convert ground floor residential back to commercial, if a commercial tenant were to be found. Councillor Neill discussed the loss of commercial space in the neighbourhood, and expressed concern with the difficulty of converting residential space back to commercial given the rights afforded to tenants via the Landlord-Tenant Act. He inquired about the ability to expand the potential commercial uses for the site that are not currently included in the zoning. Ms. Garrah stated that the owner is open to expanding the types of commercial uses allowed at the property in order to attract more potential tenants. She added that the owner has received inquiries from not-for-profit organizations and other businesses requiring office space, but that the zoning in the area does not allow for office space, and that the lack of on-site parking limits the property s suitability for offices. Ms. Garrah stated that the current zoning for the property is one-to-two family unit residential, and that while commercial units are allowed, it is not required. Councillor Schell inquired if a live-work situation would be permitted. Ms. Garrah stated that a ground floor could be divided into a commercial unit with a small residential portion. The Chair afforded members of the public an opportunity to provide comment.

9 Page 9 of 19 Mr. Jehuda Kaminer, 1314 Sierra Av, discussed the history of zoning in the area and how it came to be zoned residential. He stated that there is still an opportunity for commercial tenants in the area and that the commercial property stock should be preserved. He concluded by stating that more scrutiny should be given to the property through upcoming work on the North King s Town Secondary Plan. Mr. Frank Dixon, 485 Alfred St Apartment 2, discussed the changing demographics of the neighbourhood, leading to the flight of commercial businesses. In regards to the North King s Town Secondary Plan, he stated the loss of a commercial space would be a setback to encouraging small businesses in a gentrifying neighbourhood. Mr. Matt McCartney, 281 Montreal St, stated that the loss of a commercial space would further reduce the economic vitality of the area, and that the relatively low cost of commercial spaces in the area fosters the creation of small businesses, such as his own, which is located on Montreal Street. He added that Montreal Street is set to become a main street corridor, which would render a ground floor residential space inappropriate for the area. Mr. McCartney expressed support for a ground floor shared residential-commercial space. Ms. Annie Clifford, Charles St, stated that the application is not line with the Official Plan, or the North King s Town Secondary Plan, which proposes Montreal Street as a commercial corridor. She discussed the importance of commercial spaces as part of a walkable neighbourhood, for both shopping and employment opportunities. Ms. Clifford spoke to her written comments regarding the applicability of the Official Plan to the application, which were included as correspondence on the agenda and addendum. She concluded her comments by stating that the neighbourhood is underserved by commercial properties. Ms. Mary Farrar, 1 Place d Armes, stated her agreement with Ms. Clifford s comments. Mr. Ian Arthur, Stephen St, sought clarity on the current rent for the commercial space in the application, suggesting that it may be overpriced and thereby reducing the number of potential tenants. Mr. Donald Mitchell, 43 Gibson Av, sought further details on the accessible parking space and other accessibility aspects of the application. He stated that for the commercial space to be successful, the neighbourhood needs to make a commitment to supporting businesses in the area and that a financial rationale needs to be provided to encourage businesses to locate in the area. Ms. Garrah responded that the owner has been trying to find a commercial tenant since January Regarding rent prices, she stated her understanding that the rent for the property is lower than in the downtown area, and that the application is looking to provide the owner with flexibility to rent the ground floor as residential until a commercial tenant can be found. Ms. Garrah stated that both the zoning and the Official Plan

10 Page 10 of 19 designate the area as residential, and that residential use of the property is compatible with the neighbourhood and does not generate any adverse effects. With respect to accessibility, she stated that an accessible parking space is a requirement for the application, and the owner will be adding an entrance and windows on the Charles Street side of the property. Councillor Holland discussed the greater commercial opportunities for Montreal Street, and that additional businesses will not only benefit neighbourhood residents, but also those who use Montreal Street as a commuter road. She inquired as to the impact of the Council strategic plan on staff recommendations. Ms. Agnew responded that planning applications are reviewed against the planning policies that are in effect when an application is filed, and that applications cannot be evaluated against future policy frameworks. Regarding the application, Ms. Agnew stated that the property is zoned residential in the Official Plan, with restrictions in place on commercial uses. Ms. Agnew stated that strategic plans can be factored into land use decisions by Council, but planning staff are limited by the current policy framework. Councillor Neill stated that a commercial opportunity will be lost if the ground floor is converted to residential space. He stated his hope that the owner would take into consideration the comments from the Committee and the public, and discussed the potential for allowing business uses at the property that were not in existence when the property was zoned. Ms. Garrah responded that the owner is open to examining other commercial opportunities for the property. The public meeting regarding the application for Zoning By-Law Amendment Montreal Street adjourned at 8:43 p.m. Public Meeting Held Pursuant to the Planning Act 6:30 p.m. Official Plan & Zoning By-Law Amendment The following is a Public Meeting report to the Planning Committee regarding an application for an Official Plan & zoning by-law amendment submitted by Frontenac Club Inn Inc., with respect to the subject site located at 225 King Street East. This report describes the proposed application and includes an overview of the relevant policies and regulations that will be evaluated as part of a future comprehensive report.

11 Page 11 of 19 The applicant is proposing an Official Plan and zoning by-law amendment to recognize the long- standing use of the property for an inn, limited service restaurant, meeting facility and special event venue, as well as to broaden the permitted uses to include other commercial and residential uses appropriate for the existing location and structure. No alterations are proposed to the subject property or to the exterior or footprint of the existing building. File Number: D Address: 225 King Street East Application Type: Official Plan & Zoning By-Law Amendment Owner/Applicant: Frontenac Club Inn Inc. (See Report PC ) The Committee recessed at 8:44 p.m. Councillor Schell, Chair, called the public meeting regarding the Application for Official Plan & Zoning By-Law Amendment for 225 King Street East to order at 8:49 p.m. Mr. Mike Keene, FOTENN Consultants Inc., spoke to the details of the report and conducted a PowerPoint presentation. A copy of the presentation can be obtained by contacting the City Clerk s Department. Pursuant to the requirements of the Planning Act, a notice of the Statutory Public Meeting was provided by advertisement in the form of signage posted on the subject sites 20 days in advance of the Public Meeting. In addition, notices were sent by mail to all 98 property owners (according to the latest assessment rolls) within 120 metres of the subject property (Exhibit E Public Notice Notification Map). A courtesy notice was also placed in The Kingston Whig-Standard on August 22, Ms. Bolton informed the Committee that no items of correspondence had been received regarding the application. There were no comments or questions from the Committee. The Chair afforded members of the public an opportunity to provide comment. Ms. Martha Vosper discussed the previous use of the building as a daycare. She expressed concern that if additional uses for the property are granted that they will have a negative impact on the residential properties in the area due to additional noise and traffic. She stated her support for maintaining the residential designation for the property.

12 Page 12 of 19 Mr. Frank Dixon, 485 Alfred St Apartment 2, stated that the heritage aspects of the property have been well maintained and inquired if residential apartments could be created under the current zoning. Mr. Donald Mitchell, 43 Gibson Av, inquired if the granting of the zoning by-law amendment would allow the property to be used for something different than its historic uses. He further asked if use of property is defined by zoning or building use. Mr. Keene responded that the proposed list of potential uses for the application is intentionally broad and that the applicant is comfortable with further restricting uses for the property moving forward. He stated that the intention of the application is to normalize the use of the property that exists today and that if it was determined other uses were desired, the owner would seek those changes through the proper channels. He summarized his comments by stating the owner wishes to operate the property as an inn, but may seek to convert the property to residential use if the inn is not viable. Councillor Neill sought clarity on the nature of the Business Improvement Area (BIA) levy and if it would impact just the application, or surrounding properties. Mr. Keene stated that he is unsure of how the levy is applied but that he could follow up with the property owner. Councillor Neill added his concern for the possibility that neighbouring properties may be incorporated into the BIA unknowingly. The public meeting regarding the application for Official Plan & Zoning By-Law Amendment 225 King Street East Street adjourned at 9:12 p.m. Regular Planning Committee Meeting Number Meeting to Order The Chair called the meeting to order at 9:13 p.m. Approval of the Agenda Moved by Councillor Neill Seconded by Councillor Holland That the agenda be amended to include the addendum, and as amended, be approved. Carried

13 Confirmation of Minutes Page 13 of 19 Moved by Councillor Neill Seconded by Councillor McLaren That the minutes of the Planning committee Meeting Number held on Thursday August 3, 2017 be approved. Carried Disclosure of Pecuniary Interest Councillor Schell declared a pecuniary interest regarding File Numbers D , D and D as her mother owns a condominium beside the property. Delegations There were none. Briefings There were none. Business a) File Numbers: D , D and D Address: 752 King Street West Application Type: Official Plan & Zoning By-Law Amendment and Draft Plan of Subdivision Agent: Fotenn Consultants Inc Applicant/Owner: Ontario Infrastructure and Lands Corporation Councillor Schell withdrew from the meeting. Councillor Neill assumed the role of Chair. Ms. Venditti provided the Committee with information regarding the incorporation of public comments into the recommendation contained within the report. Councillor Neill inquired about the impact of the application on the public road access to Lake Ontario Park. Ms. Venditti confirmed that any changes to the public road access would be subject to public consultation, and that the process may include road improvements. She further stated that future plans of subdivision will be coming forward to the Committee, which would include opportunity for public comment and an updated transportation impact study.

14 Page 14 of 19 Councillor Neill expressed a desire to protect the parkland adjacent to the application. Ms. Venditti confirmed the parkland would be protected as it is City property. Moved by Councillor Holland Seconded by Councillor McLaren That it be recommended to Council that the applications for Official Plan and zoning by-law amendment and Draft Plan of Subdivision (File Numbers D , D and D ), submitted by Fotenn Consultants Inc. on behalf of Ontario Infrastructure and Lands Corporation, for the property municipally known as 752 King Street West, be approved; and That the City of Kingston Official Plan, as amended, be further amended, as amendment number 57, as per Exhibit A (Draft By-Law and Schedules A, B, C and D to Amend the Official Plan) to Report Number PC ; and That By-Law Number 8499, entitled "Restricted Area (Zoning) By-Law of the Corporation of the City of Kingston", as amended, be further amended, as per Exhibit B (Draft By-Law and Schedule A to Amend Zoning By-Law Number 8499) to Report Number PC ; and That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the by-law; and That the amending by-laws be presented to Council for all three readings; and That the Draft Plan of Subdivision be subject to the conditions as per Exhibit C (Draft Plan of Subdivision Conditions) to Report Number PC Carried b) File Number: D Address: 346 University Avenue Application Type: Zoning By-Law Amendment Owner: Ontario Inc. Applicant: Bob Clark Councillor Schell returned to the meeting and resumed the role of Chair. Councillor Neill discussed the amount of time during which the application was incomplete, expressing concern that the property was continuing to be rented while not in compliance with the existing zoning by-law. He inquired of staff if there is a mechanism to better address issues of non-compliance going forward. Ms. Agnew responded that staff is now placing a greater emphasis on enforcing zoning by-laws and

15 Page 15 of 19 site plan agreements, with a focus on creating protocols regarding enforcement and prosecution. Councillor Neill asked if there is a timeline for completing applications that seek to bring properties into compliance with existing zoning by-laws. Ms. Agnew responded that an enforceable timeline is being created, and that site plan agreements contain language that allows staff to manage chronic non-compliance. Councillor Neill sought clarity on the impact that a nay vote would have on the application, as the building already exists. Ms. Venditti responded that the recommendation in the report is based on staff review of the proposal and that staff are supportive of what is being put forward in the application. Councillor Schell discussed the number of units in Kingston that are not in compliance with zoning by-laws, or that do not obtain building permits. She stated that the application in question is safer than many properties in the City and that priority should be placed on ensuring buildings are livable and legal. Councillor Neill requested a recorded vote. Moved by Councillor Neill Seconded by Councillor Holland That it be recommended to Council that the application for a zoning by-law amendment (File Number D ) submitted by Bob Clark, on behalf of Ontario Inc., for the property municipally known as 346 University Avenue, be approved; and That By-Law Number 8499, entitled "Restricted Area (Zoning) By-Law of the Corporation of the City of Kingston", as amended, be further amended, as per Exhibit A (Draft By-Law and Schedule A to amend Zoning By-Law Number 8499) to Report Number PC ; and Schedule A to amend Zoning By-Law Number 8499) to Report Number PC ; and That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the by-law; and That the amending by-law be presented to Council for all three readings. YEAS: Councillor Holland, Councillor McLaren, Councillor Schell (3) Carried (3:1) (See Recorded Vote)

16 NAYS: Councillor Neill (1) Page 16 of 19 c) File Number: D Address: 66 Earl Street Application Type: Zoning By-Law Amendment Owner: Mark Peabody & Jacqueline Prenevost Applicant: Mark Peabody Moved by Councillor Holland Seconded by Councillor Neill That it be recommended to Council that the application for a zoning by-law amendment (File Number D ) submitted by Mark Peabody, on behalf of Mark Peabody & Jacqueline Prenevost, for the property municipally known as 66 Earl Street, be approved; and That By-Law Number 8499, entitled "Restricted Area (Zoning) By-Law of the Corporation of the City of Kingston", as amended, be further amended, as per Exhibit A (Draft By-Law and Schedule A to amend Zoning By-Law Number 8499) to Report Number PC ; and That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the by-law; and That the amending by-law be presented to Council for all three readings. d) File Number: D Address: 950 Centennial Drive Application Type: Zoning By-Law Amendment Owner: Princess Street Realty Incorporated Applicant: Reichmann Seniors Housing Development Corporation Moved by Councillor Neill Seconded by Councillor Holland Carried That it be recommended to Council that the application for a zoning by-law amendment (File Number D ) submitted by Reichmann Seniors Housing Development Corporation, on behalf of Princess Street Facility Incorporated, for the property municipally known as 950 Centennial Drive, be approved; and

17 Page 17 of 19 That By-Law Number 76-26, entitled "Township of Kingston Restricted Area By-Law", as amended, be further amended, as per Exhibit A (Draft By-Law to amend Zoning By- Law Number 76-26) to Report Number PC ; and That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the by-law; and That the amending by-law be presented to Council for all three readings. e) File Number: D Address: 94 Carruthers Avenue Application Type: Zoning By-Law Amendment Owner: Kathryn Morrissey and John Henderson Applicant: Kathryn Morrissey Carried Councillor Neill sought information regarding concerns that were expressed during the public meeting for the application regarding front yard setback. Mr. Sifat answered that the applicant took into consideration comments regarding front yard setback and that the application was changed appropriately. Moved by Councillor Neill Seconded by Councillor Holland That it be recommended to Council that the application for a zoning by-law amendment (File Number D ) submitted by Kathryn Morrissey, on behalf of Kathryn Morrissey, for the property municipally known as 94 Carruthers Avenue, be approved; and That By-Law Number 8499, entitled "Restricted Area (Zoning) By-Law of the Corporation of the City of Kingston", as amended, be further amended, as per Exhibit A (Draft By-Law and Schedule A to Amend Zoning By-Law Number 8499) to Report Number PC ; and That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the by-law; and That the amending by-law be presented to Council for all three readings. Carried

18 f) File Number: D Address: 46 Cowdy Street Application Type: Zoning By-Law Amendment Owner: Habitat for Humanity Greater Kingston & Frontenac Applicant: Susan Zambonin Page 18 of 19 Moved by Councillor Neill Seconded by Councillor Holland That it be recommended to Council that the application for a zoning by-law amendment (File Number D ) submitted by Susan Zambonin, on behalf of Habitat for Humanity Greater Kingston & Frontenac, for the property municipally known as 46 Cowdy Street, be approved; and That By-Law Number 8499, entitled "Restricted Area (Zoning) By-Law of the Corporation of the City of Kingston", as amended, be further amended, as per Exhibit A (Draft By-Law and Schedule A to Amend Zoning By-Law Number 8499) to Report Number PC ; and That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the by-law; and That the amending by-law be presented to Council for all three readings. Motions There were none. Carried Notices of Motion There were none. Other Business There was none. Correspondence See addendum. Date and Time of Next Meeting The next meeting of the Planning Committee is scheduled for Thursday September 7, 2017 at 6:30 p.m.

19 Adjournment Moved by Councillor Holland Seconded by Councillor McLaren That the meeting of the Planning Committee adjourn at 9:30 p.m. Page 19 of 19 Carried