City of Kingston Report to Committee of Adjustment Report Number COA

Transcription

1 To: From: City of Kingston Report to Committee of Adjustment Chair and Members of Committee of Adjustment Tim Fisher, Planner Date of Meeting: Application for: Consent (new lot) and Minor Variance File Number: D and D Address: 25 Aragon Road Owner: Christopher Boon Applicant: Scott Arnold Executive Summary: This is a report to recommend approval to the Committee of Adjustment regarding applications for Minor Variance and Consent to create a new lot for the property located at 25 Aragon Road. The applicant is proposing to sever a 1.7 hectare parcel of land with 62.5 metres of road frontage on Aragon Road, and retain a 2.2 hectare parcel of land with 78 metres of road frontage on Aragon Road through consent application, File Number D The retained parcel is subject to minor variance application, File Number D , to reduce the minimum lot frontage requirement from 100 metres to 78 metres. The subject lot is designated Rural in the City of Kingston Official Plan and zoned A1 Restricted Agricultural in Zoning By-Law Number The 3.9 hectare parcel of land has 140 metres of road frontage on Aragon Road and is developed with a single detached dwelling. The consent complies with the severance policies in Section 9.6 of the Official Plan as the lot will have frontage on an open and maintained road and the lot area and frontage is suitable for the intended single detached dwelling use for each resulting lot. The subject lot is located within the rural area and each lot will be serviced with a private on-site well and sewage disposal system. The proposed new lot will not have any negative impacts on any existing agricultural uses or structures. Committee of Adjustment Meeting Number

2 Page 2 of 18 The variance complies with the minor variance policies of of the Official Plan. The reduction of the lot frontage requirement for the retained lot is consistent with existing lot fabric and residential development along Aragon Road and will not have any negative impacts on the abutting residential land uses. Future development on each resulting lot is required to comply with the provisions of the A1 zone in Zoning By-Law Number Approval of the variance will not set an undesirable precedent for the area. The proposed reduced lot frontage complies with the policies of the Official Plan and is in keeping with the general intent of the zoning by-law. The variance is considered to be appropriate and minor, and meets all four tests under the Planning Act. Recommendation: It is recommended that consent application, File Number D , for the property located at 25 Aragon Road to sever a 1.7 hectare parcel of land with 62.5 metres of road frontage and retain a 2.2 hectare parcel of land with 78 metres of road frontage, be provisionally approved subject to the following conditions: 1. Deadline That all conditions are satisfied and the Certificate of Official be presented to the Secretary- Treasurer, Committee of Adjustment for certification under Section 53(42) of the Planning Act, R.S.O as amended, within one year of mailing of this notice. We suggest that the Land Registry Office be consulted for preapproval of the Certificate of Official to avoid delays. The Certificate must be registered within two years from the issuance of the certificate as required under Section 53(43) of the Planning Act, R.S.O. 1990, as amended. A copy of the registered transfer certificate shall be provided to the Secretary-Treasurer, Committee of Adjustment to complete the file. 2. Reference Plan That a Reference Plan illustrating the severed parcel be prepared and presented to the Secretary-Treasurer, Committee of Adjustment prior to the issuance of the Certificate of Official. In addition, the Reference Plan is to be provided in a PDF and AutoCAD Windows readable format on a compact disc (CD), USB memory stick or by Payment of Taxes The owner/applicant shall contact the Tax Department at tax@cityofkingston.ca and secure in writing from the Treasurer or the Manager of Taxation and Revenue, proof of payment of current taxes and any special charges (not simply a copy of the tax bill) required to be paid out and a statement of proof that is received and shall be provided to the Secretary- Treasurer Committee of Adjustment, prior to the issuance of the consent certificate. The Committee of Adjustment Meeting Number

3 Page 3 of 18 owner/applicant must pay any outstanding realty taxes and all local improvement charges levied against the property. 4. Cash-In-Lieu of Parkland That $1, shall be paid to the City of Kingston as cash-in-lieu of land dedication for park or public recreational purposes for each new building lot being created. The applicant shall provide a certified cheque or proof of payment to the Secretary-Treasurer, Committee of Adjustment, prior to the issuance of the consent certificate. 5. Road Widening That a road widening of 10 metres from the centreline of road be conveyed to the City, along the entire frontage of the severed lot along Aragon Road, prior to the issuance of the Certificate of Official. The applicant shall illustrate the widening as a separate part on a reference plan and, after registration of said deed at the expense of the applicant, and prior to issuing the certificate for the severance herein, the solicitor for the applicant shall certify that the title of the municipality to the said strip is free and clear of all encumbrances of every nature and that the municipality has a good and marketable title. 6. Archaeological Assessment An Archaeological Assessment (beginning with a Stage One Assessment) and any subsequent or supporting studies are required on the property as the site falls under several of the criteria for archaeological potential. Any area of development or site alteration, including access routes, on lands containing archaeological resources or areas of archaeological potential will need to be assessed by an archaeologist licensed in the Province of Ontario. The applicant shall contact the Planning Division to confirm their requirements for approval of this condition. Two (2) copies of the study and all relative information shall be provided to the Secretary-Treasurer of the Committee of Adjustment. The report shall be registered with the Ministry of Tourism, Culture and Sport or an acceptance letter shall be obtained by the Ministry prior to the issuance of the Certificate of Official. The City relies upon the report of the professional archaeologist as filed, but reserves the right to require further reports should further evidence be uncovered. The applicant may be required to further review the state of archaeological resources on the property depending on the recommendations of the report and subject to input and review from the Ministry of Tourism, Culture and Sport. The City shall not be restricted in its ability to determine requirements related to review, assessment and/or protection should archaeological resources be found on site. Any costs arising from such requirements of the City, or any other duly authorized Government body, shall be borne solely by the applicant. Committee of Adjustment Meeting Number

4 7. Private Well & Hydro-geological Study Page 4 of 18 In order to review the hydro-geological conditions in support of the proposed severance, a well shall be constructed, or confirmation shall be provided of an existing well, on the severed parcel, in accordance with current standards described in Ontario Regulation 903 or as amended. A full Hydro-geological Assessment shall be completed in accordance with the City of Kingston s Interim Standard Hydro-geological Assessments in Support of (1-3) Rural Land Severances to ensure that the new well(s) or existing unused wells satisfy the City s criteria for construction, water quantity, water quality, and interference with surrounding wells. The applicant shall contact the Environment Division to confirm their requirements for approval of this condition. Two (2) copies of the study and all relative information shall be provided to the Secretary- Treasurer of the Committee of Adjustment to be forwarded to the Environment Division for their review and further to confirm compliance to current City standards. Written acceptance of this study and its conclusions shall be provided by the Environment Division to the Secretary-Treasurer of the Committee of Adjustment prior to the issuance of the consent certificate. Recommendations made by the Environment Division as a result of this assessment may be required to be included within a Development Agreement which is to be registered against the title to the lands. 8. Variance Application That the severed parcel obtains a minor variance for the reduction of lot frontage (File Number D ) and that all conditions of approval are complied with. 9. Civic Address The owner/applicant shall contact the Planning Division and obtain a civic address for the new lot created and all appropriate fees shall be paid. The owner/applicant shall provide to the Secretary-Treasurer, Committee of Adjustment, and written confirmation from the City that the civic address has been obtained prior to the issuance of the consent certificate. 10. Development Agreement The owner shall enter into a development agreement satisfactory to the City to be registered on title to the severed and retained lands. All legal costs associated with the preparation and registration of the agreement shall be borne by the owner. The applicant shall provide a copy of the registered executed agreement to the Secretary-Treasurer, Committee of Adjustment, prior to the issuance of the consent certificate. The agreement shall contain conditions to ensure: Committee of Adjustment Meeting Number

5 Page 5 of 18 a) Any recommendations resulting from the Archaeological Assessment shall be included within the development agreement for the lands. b) Any recommendations resulting from the hydro-geological assessment are included within the development agreement for the lands. c) That the owner acknowledges that a portion of the site is within an Environmental Protection Area (EPA) or Floodplain (FP) and any development shall occur only outside of the defined EPA or FP area and shall be subject to Cataraqui Region Conservation Authority (CRCA) and Ontario Regulation 149/06: Development, Interference within Wetlands and Alterations to shorelines and Watercourses and other Municipal By-Laws and requirements; d) That a Building Permit is required prior to the construction or removal of all structures 10 square metres in area or greater. Issues such as but not limited to O.B.C., grading and servicing will be agreed through the permit review process. e) In the event that deeply buried or previously undiscovered archaeological deposits are discovered in the course of development or site alteration, all work must immediately cease and the site must be secured. The Cultural Program Branch of the Ministry of Tourism, Culture and Sport ( ) and the City of Kingston s Planning Division ( , extension 3180) must be immediately contacted. f) In the event that human remains are encountered, all work must immediately cease and the site must be secured. The Kingston Police ( ), the Registrar of Cemeteries Regulation Section of the Ontario Ministry of Consumer Business Services ( ), the Cultural Program Branch of the Ministry of Tourism, Culture and Sport ( ), and the City of Kingston s Planning Division ( , extension 3180) must be immediately contacted. g) That the owner be advised that the severed and retained lots are located in the rural area and may be adjacent to existing or future agricultural uses. Any new residential development on the severed or retained lands shall be outside of the required calculated Minimum Distance Separation (MDS) setback from any neighbouring livestock facility or manure storage and all other applicable requirements at the time of building permit issuance. h) That the owner be advised that any new or altered entrance to the site will require an Entrance Permit from the Engineering Division. i) That the owner acknowledges and agrees with the City that: a. The severed lands and the retained lands are located outside the limits of the municipal water and sewer service area and are not serviced by the City s water treatment plant or sewage treatment facility; Committee of Adjustment Meeting Number

6 Page 6 of 18 b. Any recommendations resulting from the hydro-geological assessment are included within the development agreement for the lands; c. The owner shall be solely responsible for ensuring at all times and by all means that there is an adequate supply of potable water and adequate onsite sewage treatment facility maintained by the owner, for the owner s intended use of the severed lands and retained lands; d. Despite the Committee of Adjustment approval to sever the lands, or that the City has approved zoning for either or both of the severed lands and retained lands that would permit construction of a building thereon, or that the City has or may at any time in the future issue a Building Permit or approve a site plan for either or both the severed lands and retained lands, the City will have no obligation to extend the municipal water area or provide municipal water services, or to extend the municipal sewer service area or provide municipal sewer services to or for the benefit of either the severed lands or retained lands; e. Regardless of any order issued by the Ministry of the Environment or by the Kingston Frontenac Lennox and Addington Public Health Unit in the future, the owner shall be solely responsible for the costs associated with any upgrading or extension of any private or municipal services required to be constructed to comply with such order. And It is recommended that minor variance application, File Number D , for the property located at 25 Aragon Road, to reduce the minimum lot frontage requirement to recognize the retained lot through consent application, File Number D , be approved. By-Law Number 76-26: By-Law Requirement: Proposed: Variance Requested: Section 9(2)(b)(ii), Lot Frontage 100 metres 78 metres 22 metres Approval of the foregoing variance shall be subject to the following conditions: Limitation That the approved variance applies only to the retained lot frontage as per consent application D , as per the plans attached to the Notice of Decision. Committee of Adjustment Meeting Number

7 Page 7 of 18 Authorizing Signatures: Tim Fisher, Planner In Consultation with the following Management of the Community Services Group: Paige Agnew, Director, Planning, Building & Licensing Services Lanie Hurdle, Commissioner, Community Services Committee of Adjustment Meeting Number

8 Page 8 of 18 Options/Discussion: On April 17, 2018, Minor Variance and Consent applications were submitted by Scott Arnold on behalf of the owner, Christopher Boon, with respect to the property located at 25 Aragon Road. The consent application is to sever a 1.7 hectare parcel of land with 62.5 metres of road frontage and retain a 2.2 hectare parcel of land with 78 metres of road frontage on Aragon Road. A variance is requested to reduce the minimum lot frontage requirement to recognize the retained lot though consent application. In support of the application, the applicant has submitted the following: Severance Sketch (Exhibit C); All submission materials are available online through the Development and Services Hub (DASH) at the following link, DASH, using Look-up a Specific Address. If there are multiple addresses, search one address at a time, or submission materials may also be found by searching the file number. Subject Property The subject property is located on the south side of Aragon Road. The 3.9 hectare parcel of land has 140 metres of road frontage on Aragon Road and water frontage on Colonel By Lake The property is developed with a single detached dwelling on private services. The property is abutting an agricultural property to the north, residential uses to the east and west, and Colonel By Lake to the south. The subject property is designated Rural and Environmental Protection Area in the City of Kingston Official Plan. Permitted uses in the Rural Area include all agricultural uses and agriculture-related uses as permitted in the Prime Agricultural Area designation, sports and outdoor recreation activities in accordance with Section , and detached dwellings in accordance with Section and that are compatible with adjacent land uses. The Rural designation aims to minimize impacts on abutting rural properties developed with residential and/or agricultural uses, by ensuring land use compatibility, providing appropriate separation distances. The existing single detached dwelling is a permitted uses in the Rural designation. The lands within 30 metres of the shoreline are designated Environmental Protection Area. The Environmental Protection Areas are intended to be maintained in their natural, undisturbed state to provide a buffer of undisturbed soil and vegetation along the shoreline, which will help filter runoff, prevent soil erosion, and provide wildlife habitat. No new development is proposed for the severed or retained parcel through the applications; however any new development is required to comply with the floodplain setbacks as per Section 5(6) of Zoning By-Law Number and Cataraqui Region Conservation Authority (CRCA) and/or Rideau Waterway Development Review Team review prior to the issuance of a Building Permit. Committee of Adjustment Meeting Number

9 Page 9 of 18 The subject property is zoned A1 Restricted Agricultural and EPA Environmental Protection Area in the City of Kingston Zoning By-Law Number 76-26, entitled "Township of Kingston Restricted Area By-Law", as amended. The A1 zone permits a single detached dwelling. Consent Application The review of an application for consent(s) is subject to Section 53 of the Planning Act. The Committee of Adjustment may give consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality and shall have regard to matters under Subsection 51(24) when granting a provisional consent, including: the effect of development on matters of provincial interest; whether the proposed consent is premature or in the public interest; whether the plan conforms to the Official Plan; the suitability of the land for the purposes for which it is to be subdivided; if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing; the dimensions and shapes of the proposed lots; the proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; conservation of natural resources and flood control; the adequacy of utilities and municipal services; the adequacy of school sites; the area of land, if any, that is to be conveyed or dedicated for public purposes; the extent to which the plan s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and the interrelationship between the proposed consent and Site Plan Control matters, if the development is subject to Site Plan Control. The following provides this review: Provincial Policy Statement The 2014 Provincial Policy Statement (PPS) provides policy direction on matters of Provincial Interest. The Planning Act requires that municipal councils be consistent with the PPS in carrying out their responsibilities under the Act. Generally, the PPS encourages efficient, cost Committee of Adjustment Meeting Number

10 Page 10 of 18 effective development and patterns of land use which stimulate economic growth and protect the environment and public health. It encourages redevelopment where this can be accommodated taking into account existing building stock or areas. It also encourages land use patterns that accommodate an appropriate range and mix of residential and commercial uses, and provides that development be directed outside areas of hazard such as flood prone lands. In regards to the PPS, the following was considered regarding the application submitted: The existing uses are permitted uses within rural lands in municipalities ( ); The existing and proposed development is compatible with the rural landscape of the Township and can be sustained by rural services ( ); No new public infrastructure or services are anticipated to be needed as a result of the application ( ); The severed and retained lots are within rural lands and subject to a private on-site well and sewage disposal system. The proposal will not result in the expansion of city services outside of the urban boundary ( ); Existing development is outside areas of natural hazard and is not anticipated to negatively impact public health and safety (3.1). Official Plan The existing single detached dwelling is a permitted uses in the Rural designation. The creation of individual parcels of land by way of consent is subject to the consent policies of the Official Plan. In considering whether the proposal is appropriate, the Committee of Adjustment will have regard for the requirements included within the Official Plan, specifically The severed and retained lots exceed the minimum lot area requirement of 1.0 hectares as required in the Rural designation in the Official Plan. The intent of the severance is to sever the lot into two parcels. The severed and retained lot will comply with the minimum lot area requirement however the retained lot will not comply with the minimum lot frontage requirement in the A1 zone in Zoning By-Law Number for a nonresidential use. Section 9(2)(n) in Zoning By-Law Number permits a severance for a single detached dwelling house on a lot with a minimum lot area of 1.0 hectares and a minimum road frontage of 61 metres. The retained lot is required to be a minimum of 2.0 hectares with metres of road frontage. The severed 1.7 hectare parcel of land containing the existing single detached dwelling will exceed the minimum lot area requirement of 1.0 hectares and comply with the minimum frontage requirement of 60 metres. The location of the dwelling to Committee of Adjustment Meeting Number

11 Page 11 of 18 the new lot line will comply with the minimum side yard setback for the dwelling. The retained 2.2 hectare parcel of land will exceed the minimum lot area requirement however it will not comply with the frontage requirement of metres. Therefore a variance is requested to reduce the frontage of the retained lot to 78 metres. The proposed frontage is in keeping with lot frontages along Aragon road and will exceed the minimum frontage for a severed lot of 61 metres. 12. The proposed severed and retained lots will not result in an irregular shaped lot. Each lot will be rectangular and with its lot lines perpendicular to the road which is consistent with the existing lot fabric along the south side of Aragon Road. Each lot will provide a minimum of 1 hectare of developable area outside of the EPA lands to support future development. 13. Each resulting lot will have frontage on an opened and maintained road. A road widening is required as a condition of severance to ensure that the road allowance complies with the protection of road allowance policies of Section in the Official Plan. The owner shall have their surveyor verify the width of the current road allowance and provide any addition road allowance width as a part on the reference plan. 14. Aragon Road is a municipal road; therefore any new or altered entrances will require an Entrance Permit from the Engineering Department. A clause has been added in the Development Agreement to inform the current and future land owners. 15. The proposed severance will not result in any traffic hazards due to sightlines on curves, grades or corners. 16. The proposed consent is minor infilling of residential development and will not result in ribbon development. 17. The proposed severed lot will not have any negative impacts on abutting agricultural uses. There are no livestock or manure storage facilities within 300 metres of the subject property. The subject lot and the retained lot have limited agricultural uses potential due Minimum Distance Separation calculations for any new livestock or manure storage facility due to the proximity of existing dwellings to the property. The retained lot is large enough to support a small hobby farm which is in keeping with the intent of the Rural designation. 18. The City's Archeological Master Plan indicates that this property has composite archaeological potential. An archaeological assessment is required on the proposed severed parcel (building lot) prior to any ground disturbance. This has been included as a condition of severance. 19. The City must be satisfied that any development lots created by consent can be supplied with water supply and sewage disposal facilities. The subject lot is in an area of high constraint for water and is located adjacent to more than 5 lots; therefore a full Hydro Committee of Adjustment Meeting Number

12 Page 12 of 18 Geological Assessment is required for the vacant lot. This has been added as a condition of approval. 20. KFL&A Public Health Unit is satisfied that the severed lot has flexibility to locate a sewage disposal system dependent on the proposal submitted through an Application to Construct a Sewage System prior to the issuance of a permit for development on the vacant lot or renovations or redevelopment to the existing single detached dwelling. Committee of Adjustment Meeting Number

13 Page 13 of 18 Zoning By-Law The subject property is zoned A1 Restricted Agricultural and EPA Environmental Protection Area in the City of Kingston Zoning By-Law Number 76-26, entitled "Township of Kingston Restricted Area By-Law", as amended. The severed 1.7 hectare parcel of land containing the existing single detached dwelling will exceed the minimum lot area requirement of 1.0 hectares and comply with the minimum frontage requirement of 60 metres. The location of the dwelling to the new lot line will comply with the minimum side yard setback for the dwelling. The retained 2.2 hectare parcel of land will exceed the minimum lot area requirement however it will not comply with the frontage requirement of metres. Therefore a variance is requested to reduce the frontage of the retained lot to 78 metres. The proposal complies with all other requirements in the A1 zone. Any new development on the resulting lots is required to comply with the requirements of the A1 zone. Minor Variance Application The review of an application for minor variance(s) is not a simple mathematical calculation, but rather a detailed assessment of whether the variance(s) requested, both separately and together, meet the four tests of a minor variance outlined in Subsection 45(1) of the Planning Act. The following provides this review: 1) In general intent and purpose of the Official Plan are maintained The impact of the proposal and the requested variance is deemed minor, and are therefore not subject to a zoning by-law amendment application process. In considering whether the proposal is desirable, the Committee of Adjustment will have regard for the requirements included within the Official Plan, specifically Section The proposal meets the intent of Section 2 of the Official Plan as each resulting lot will exceed the minimum lot area requirement of 1.0 hectare and the minimum lot frontage of 61 metres for new residential lots intended for non-agricultural uses within the rural designation in the Official Plan. Each lot will provide adequate lot area and frontage to accommodate the functional needs for the proposed residential use on each lot, and will not have any negative impacts on abutting properties or residential and/or agricultural uses or structures. The reduced lot frontage of the retained lot will exceed the minimum lot area requirement for a residential lot in the A1 zone in Zoning By-Law number and will be in keeping with the existing lot frontages along Aragon Road. 22. The intended residential use of each resulting lot is compatible with the Country Area and will not have any negative impacts on the abutting residential uses, and any agricultural uses or existing livestock facilities or manure storage facilities in the area. There are no existing livestock facilities or manure storage facilities within 300 metres of the subject property. Committee of Adjustment Meeting Number

14 Page 14 of The site will continue to function in an appropriate manner; road access will be maintained from Aragon Road. 24. The proposal is not subject to Section 8, Urban Design policies in the Official Plan. 25. The subject property is adjacent to Colonel By Lake, which is part of the Rideau Canal World Heritage Site, a National Historic Site of Canada and a Canadian Heritage River. A further large rural residential lot should have a neutral impact on the heritage character of this area; therefore a Heritage Impact Statement is not required. Heritage staff encourage the proponent to limit any development to be no closer to the waterway than the existing dwelling, and to maintain the naturalistic qualities of the lake within 30 metres of the high water mark. The Rideau Waterway Development Review Team (RWDRT) has no objections to the approval of the applications based on their consideration for natural hazard, natural and cultural heritage, and water quality and quantity protection policies (Exhibit E). 26. The City's Archeological Master Plan indicates that the subject property has composite archaeological potential. An assessment(s) is required prior to any ground disturbance on the new building lot. Please provide a copy of any assessments and letter from the Ministry, to the City for filing and record keeping purposes. 27. The severed and retained parcel will be developed with private onsite water and sewage system and will not result in the need for extension of city services. 28. The application and the cumulative impact of the proposal do not warrant a zoning by-law amendment. 29. The Committee of Adjustment may attach such conditions as it deems appropriate to the approval of the application. Recommended conditions are listed in the recommendation above. The conditions may be added, altered or removed at the Committee s discretion. 30. The approval of the requested variance will not set a precedent for the immediate area and will be in keeping with the existing road frontage along southern side of Aragon Road. The proposal conforms to the policies of the Official Plan. 2) The general intent and purpose of the zoning by-law being varied is maintained The subject property is zoned A1 Restricted Agricultural and EPA Environmental Protection Area in the City of Kingston Zoning By-Law Number 76-26, entitled "Township of Kingston Restricted Area By-Law", as amended. The severed 1.7 hectare parcel of land containing the existing single detached dwelling will exceed the minimum lot area requirement of 1.0 hectares and comply with the minimum Committee of Adjustment Meeting Number

15 Page 15 of 18 frontage requirement of 60 metres. The location of the dwelling to the new lot line will comply with the minimum side yard setback for the dwelling. The retained 2.2 hectare parcel of land will exceed the minimum lot area requirement however it will not comply with the frontage requirement of metres. Therefore a variance is requested to reduce the frontage of the retained lot to 78 metres. The proposed frontage is in keeping with lot frontages along Aragon road and will exceed the minimum frontage for a severed lot of 61 metres. Based on the chart below and a review of lot frontages in the area, the proposed frontage is consistent with the existing lot frontages along Aragon Road. ADDRESS FRONTAGE (metres) 15 Aragon Road 42 metres 17 Aragon Road 62 metres 26 Aragon Road 48 metres 34 Aragon Road 47 metres 29 Aragon Road 66 metres 33 Aragon Road 35 metres 39 Aragon Road 36 metres 45 Aragon Road 32 metres 57 Aragon Road 65 metres The requested variance to reduce the minimum road frontage for the retained lot will be consistent with the established residential lots along Aragon Road and will not set a precedent. The proposal complies with all other requirements in the A1 zone. Any new development on the resulting lots is required to comply with the requirements of the A1 zone. 3) The variance is minor in nature The variance is considered minor as the frontage reduction for the retained parcels frontage will have no impact on abutting lots. The subject property is located east of lots zoned R1 and west of lots zoned ER-5 which permit smaller road frontages and lot areas and are developed with single detached dwellings. The reduction of frontage for the retained is consistent with the established residential lots along Aragon Road and is suitable for the proposed residential development. Committee of Adjustment Meeting Number

16 Page 16 of 18 4) The variance is desirable for the appropriate development or use of the land, building or structure The requested variance will not create any adverse effect on abutting properties or their continued use. Access will be maintained on Aragon Road and each resulting lot will be on private on-site services. Each lot will exceed the minimum lot area requirement and provide ample acreage for residential development which complies with Official Plan and Zoning By-Law requirements. Technical Review: Circulated Departments and Agencies Building Division Engineering Department Heritage (Planning Division) Finance Utilities Kingston Real Estate & Environmental Initiatives Fire & Rescue Kingston Hydro City s Environment Division Solid Waste Parks Development Canadian National Railways Housing District Councillor Ministry of Transportation KEDCO Municipal Drainage Parks of the St. Lawrence CRCA KFL&A Health Unit Trans Northern Pipelines Parks Canada Eastern Ontario Power CFB Kingston Hydro One Enbridge Pipelines TransCanada Pipelines Kingston Airport Placeholder Placeholder Technical Comments Engineering Department: A road allowance widening along the severed parcel is required to achieve the City s desired road allowance width of 20 metres. The applicant shall convey to the City sufficient lands along the Aragon road allowance fronting the property to meet the requirements of the City for road widening (10 metres from the centerline of the existing road allowance). An OLS will need to add the road widening as parts on a legal survey. An Entrance Permit from the Engineering Department will be required to access the retained property. The entrance permit application can be found on the City website at Building Division: An application for a Building Permit to construct a new building greater than 10 square metres or to demolish a structure is required for either property. Parks Division: Cash-in-Lieu of Parkland is required for the creation of a new residential lot, at a rate of $1, per lot. Environment Division: The proponent should be advised that the proposed newly created residential lot (retained) will require the installation of a well or confirmation of an existing well constructed to current standards described in Ontario Regulation 903. Due to a resultant lot density of greater than five lots per five hectares the proponent will need to satisfy the conditions of the City s Standard for Hydrogeological Assessments for water quality, quantity, interference, Committee of Adjustment Meeting Number

17 Page 17 of 18 and well construction. The report must be completed by a professional engineer or professional geoscientist and demonstrate that conditions for water quality, quantity, interference, and well construction have been met. The Environment department is happy to answer questions on these requirements. Public Comments At the time this report was finalized, there were no written comments or objections received. Previous or Concurrent Applications There are no concurrent or relevant historic planning applications on the subject property. Conclusion The proposed consent application has regard to the matters under subsection 51(24) of the Planning Act, is consistent with the Provincial Policy Statement, conforms with all applicable policies of the Official Plan, is in keeping with the general intent and purpose of the zoning bylaw. A plan of subdivision is not necessary for the proper and orderly development of the property. The requested variance maintains the general intent and purpose of both the City of Kingston Official Plan and Zoning By-Law Number The proposal is desirable for the appropriate development or use of the land, building or structure and the requested variance is minor in nature. As such, the proposed application meets all four tests under Subsection 45(1) of the Planning Act and the application is being recommended for approval, subject to the proposed conditions. Approval of the applications will create a 1.7 hectare parcel of land with 62.5 metres of road frontage on Aragon Road, and retain a 2.2 hectare parcel of land with 78 metres of road frontage on Aragon Road through consent application, File Number D The retained parcel will be permitted to have a reduced road frontage from 100 metres to 78 metres through File Number D Existing Policy/By-Law: The proposed applications were reviewed against the policies of the Province of Ontario and City of Kingston to ensure that the changes would be consistent with the Province s and the City s vision of development. The following documents were assessed: Provincial Provincial Policy Statement, 2014 Municipal City of Kingston Official Plan Zoning By-Law Number Committee of Adjustment Meeting Number

18 CONTEXT MAP HWY ARAGON RD ALLEN POINT DR Planning, Building & Licensing Services a department of Community Services PREPARED BY: J. Partridge DATE: 5/1/2018 COMMITTEE OF ADJUSTMENT KEY MAP Applicant: Scott Arnold Owner: Christopher & Linda Boon File Number: D /D Address: 25 Aragon Road Metres 1:4,000 Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact 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. LEGEND Lands Subject to Minor Variance Lands to be Retained Lands to be Severed Committee of Adjustment Meeting Number E

19 26 34 ARAGON RD ALLEN POINT DR COMMITTEE OF ADJUSTMENT PUBLIC NOTICE NOTIFICATION MAP LEGEND E Planning, Building & Licensing Services a department of Community Services Applicant: Scott Arnold Owner: Christopher & Linda Boon File Number: D /D Address: 25 Aragon Road Subject Property 60 m Public Notice Boundary Property Boundaries 6 Properties in Receipt of Notice PREPARED BY: J.Partridge DATE: 5/2/ Metres 1:4,000 Committee of Adjustment Meeting Number Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact 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.

20 Exhibit C Committee of Adjustment Meeting Number

21 Exhibit D Committee of Adjustment Meeting Number