City of Kingston Report to Planning Committee Report Number PC

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1 To: From: Resource Staff: Date of Meeting: Subject: File Number: Address: Application Type: Owner: Applicant: Executive Summary: City of Kingston Chair and Members of Planning Committee Lanie Hurdle, Commissioner, Community Services Paige Agnew, Director, Planning, Building & Licensing Services Public Meeting & Comprehensive Report D Gardiners Road Zoning By-Law Amendment Taggart (Gardiners) Corporation Barry Smith The following is a Public Meeting and comprehensive report recommending approval to the Planning Committee regarding an application for a zoning by-law amendment submitted by Barry Smith, on behalf of Taggart (Gardiners) Corporation, with respect to the subject site located at 700 Gardiners Road. The subject lands are located south of Taylor Kidd Boulevard, east of Gardiners Road, west of Centennial Drive, and north of the CN Rail Corridor (Exhibit B Key Map). The lands are currently vacant and are part of a Draft Plan of Subdivision (File Number D ) known as the West Village subdivision. A zoning by-law amendment was approved with the Draft Plan of Subdivision (File Number D ). A Removal of the Hold application was recently approved for Phase 1 of the subject lands, removing the Hold from the R2-46, I, and a portion of the lands zoned the OS-20 Zone (File Number D ). The subject property is designated Residential, Open Space and District Commercial in the Official Plan and is zoned OS-20-H, OS-20 Zone, R3-32-H, I, C5-10, R5-21-H, C5-13-H, R2-45- H, R2-46 and the R4-40-H Zone in Zoning By-Law Number 76-26, as amended. This application for a zoning by-law amendment only applies to a small portion of the overall site. The portion of 1

2 Page 2 of 14 the lands subject to this zoning by-law amendment are designated Residential and zoned Residential Type 2 (R2-46) Zone (Blocks on the approved Draft Plan). The application for zoning by-law amendment proposes to rezone Blocks on the approved Draft Plan from the R2-46 Holding Zone to the Institutional (I) Holding Zone to be consistent with the zoning of Block 285 on the approved Draft Plan, and reduce the minimum density of the R2-46 Zone from 24 dwelling units per net hectare to 23 units per net hectare. The purpose and effect of the application is to facilitate the development of a secondary school and related community uses on Block 285 in the subdivision. The zoning by-law amendment reflects changes to the plan of subdivision that will merge Blocks with Block 285. The larger block of land for the development of the secondary school is anticipated to meet the long-term development needs of two french language school boards. The secondary school will be jointly developed by the French Public - Le Conseil des écoles publiques de l Est de l Ontario (CEPEO) - and French Catholic - Conseil des écoles catholiques du Centre-Est (CECCE) - school boards. The portion of the subject lands that includes the school property (Phase 1 of the subdivision) is part of an application for Final Plan of Subdivision (File Number D ). The lot fabric will be amended through the Final Plan of Subdivision application to be consistent with the proposed zoning by-law amendment. The proposal is compatible with the surrounding land uses. It is consistent with the applicable policies of the Provincial Policy Statement and complies with the general intent of the City of Kingston Official Plan. The requested zoning by-law amendment represents good land use planning. Recommendation: That it be recommended to Council that the application for a zoning by-law amendment (File Number D ) submitted by Barry Smith, on behalf of Taggart (Gardiners) Corporation, for the property municipally known as 700 Gardiners Road, be approved; and 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 and Schedule A to Amend Zoning By-Law Number 76-26) to ; 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. 2

3 Page 3 of 14 Authorizing Signatures: Lanie Hurdle, Commissioner, Community Services Gerard Hunt, Chief Administrative Officer Consultation with the following Members of the Corporate Management Team: Jim Keech, President & CEO, Utilities Kingston Desirée Kennedy, Chief Financial Officer & City Treasurer Denis Leger, Commissioner, Corporate & Emergency Services Not required Not required Not required 3

4 Page 4 of 14 Options/Discussion: Public Meeting & Comprehensive Report The Planning Division is recommending the Public Meeting and comprehensive report are heard concurrently based on the following: The proposal is compatible with the Provincial Policy Statement (2014) and the Kingston Official Plan; The proposal is considered minor in nature; and Combining the Public Meeting and the comprehensive report facilitates the streamlining of the development approval process, thereby decreasing application processing time. Anyone who attends the Planning Committee Public Meeting may present an oral submission, and/or provide a written submission on the proposed application. 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 would otherwise have an ability to appeal the decision of the Council of the Corporation of the City of Kingston to the Local Planning Appeal Tribunal but the 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-law is passed, the person or public body is not entitled to appeal the decision. 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-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. The Planning Committee will consider this comprehensive report and recommendation from the Planning Division, respecting the subject application following the Public Meeting. The public is provided an additional opportunity to make oral submissions on the matter at the time the Committee considers the comprehensive report from staff. The Committee will make its recommendation to City Council at this meeting. Anyone wishing to be notified of Council s decision on the subject application must submit a written request to: James Bar, Senior Planner The Corporation of the City of Kingston Planning, Building & Licensing Services 216 Ontario Street Kingston, ON K7L 2Z extension 3213 jbar@cityofkingston.ca 4

5 Page 5 of 14 Background and Decision Date This application was subject to an informal pre-application meeting held on July 25, 2018, with the Planning Division and various other departments and agencies. Following this, a formal submission was made by the applicant on July 31, 2018 and on August 2, 2018, this application was deemed complete in accordance with the Planning Act. In accordance with the Planning Act, this application is subject to a decision by Council on or before December 30, 2018 which is 150 days after a complete application was received. In the absence of a decision by Council in this timeframe, the applicant may exercise their right to appeal to the Local Planning Appeal Tribunal (LPAT). Site Characteristics The subject property is approximately hectares in size and is located south of Taylor Kidd Boulevard, east of Gardiners Road, west of Centennial Drive and north of the CN Rail Corridor. The lands are currently vacant and bordered by residential development to the north and east, a rail corridor to the south, and commercial development to the west (Exhibit C Neighbourhood Context (2015)). The property is subject to a Draft Plan of Subdivision approval (File Number D ), which was approved by Council on February 7, The portions of the lands that are subject to this zoning by-law amendment application are Blocks and 285 on the approved Draft Plan of Subdivision and is zoned the Special Residential Type 2 (R2-46) Zone. The site has frontage onto two future Local Roads (Wheathill Street and Newport Avenue) as classified on Schedule 4 Transportation, of the Kingston Official Plan. Local Roads serve low volumes of traffic at low speeds. Proposed Application and Submission The portion of the lands subject to this zoning by-law amendment are designated Residential and zoned Special Residential Type 2 (R2-46) Zone (Blocks on the approved draft plan). The application for zoning by-law amendment proposes to rezone Blocks on the approved draft plan from the R2-46 Zone to the Institutional (I-H) Holding Zone, and reduce the minimum density of the R2-46 Zone from 24 dwelling units per net hectare to 23 units per net hectare. The purpose and effect of the application is to facilitate the development of a secondary school and related community uses. Through review and consultation with the two school boards, it was determined that Block 285, currently zoned the Institutional (I) Holding Zone, was not sufficiently large enough for the programming needs of both school boards. Blocks , fronting along the future extension of Wheathill Drive, are proposed to be merged with Block 285 to create a larger development parcel for the school boards. The residential Blocks are located adjacent to the school site and a park that is proposed to be developed in conjunction with the school (Exhibit D - Figure 1 from Planning Justification Report: Excerpt from Approved Draft Plan of Subdivision). 5

6 Page 6 of 14 These lands are part of the Phase 1 Final Plan of Subdivision application, File Number D , and as consolidated, are known as Block 44 on the West Village Phase 1 Preliminary Subdivision Plan (Exhibit E Figure 2 from Planning Justification Report: Excerpt from West Village Phase 1 Preliminary Subdivision Plan). The proposed zoning by-law amendment application has been submitted to amend the existing zoning to reflect the changes to the West Village subdivision. This application applies only to Blocks (Exhibit D - Figure 1 from Planning Justification Report: Excerpt from Approved Draft Plan of Subdivision) on the approved draft plan. No changes are proposed to the existing Institutional (I) Holding Zone or any other zone at 700 Gardiners Road. In support of the application, the applicant has submitted the following: Planning Justification Report Draft Plan of Subdivision, dated December 1, 2016 West Village Phase 1 Preliminary Final Plan of Subdivision, dated June 18, 2018 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. Provincial Policy Statement The Provincial Policy Statement (2014) provides policy direction on matters of provincial interest related to land use planning and development, which are intended to be complemented by local policies addressing local interests. Zoning by-law amendments granted under the Planning Act must demonstrate consistency with the Provincial Policy Statement (PPS). The subject property is located within the Urban Boundary of the City of Kingston. The PPS defines urban areas as built up areas where development is concentrated and which have a mix of land uses, and where most growth is designated to occur. Public service facilities, as defined by the PPS, include uses such as educational programming. The Provincial Policy Statement shall be read in its entirety and all relevant policies are to be applied to each situation (4.4). The proposed application is supported by several policies in the PPS: a - Promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long-term: The subject site is part of an approved Draft Plan of Subdivision that provides a mix of residential, commercial, institutional and open space uses which optimize municipal infrastructure. The proposed development includes a secondary school, theatre, daycare, and large park space, acting as a community hub for the 6

7 Page 7 of 14 neighbourhood in a subdivision that contains a mix of densities and unit types near commercial development. The site will also be serviced by transit services f Accommodating an appropriate range and mix of residential, institutional, recreational, park and open space, and other uses to meet the long-term needs: The proposed rezoning does not decrease the mix of uses within the West Village approved Draft Plan of Subdivision. The zoning by-law amendment seeks to increase the lands available for the development of a school site that will contain two schools contained in a single building. The removal of the residential lands along Wheathill also provides greater connectivity to the parkland block to the east to create a larger more open greenspace for the neighbourhood Settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted: The subject lands are part of an approved Draft Plan of Subdivision that contains a mix of land uses within the urban boundary, redeveloping a former vacant industrial site. The zoning change does not have a negative impact on the sites ability to be redeveloped and proposes a more compatible arrangement of land uses, minimizing the number of residential units directly adjacent to the school Land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land and resources; are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; support active transportation; and are transit-supportive: The proposed zoning change is appropriate for and efficiently uses the infrastructure that is planned for the development of the subdivision. Infrastructure requirements will be reviewed and confirmed through the Final Plan of Subdivision and a future Site Plan Control agreement; both required to advance the development of the proposed school. The site will be serviced by future transit routes on Newport Avenue and Wheathill Street a Healthy, active communities should be promoted by planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, foster social interaction, and facilitate active transportation and community connectivity: The proposed rezoning of the residential blocks to institutional will enable a more cohesive connection between the school site and the adjacent park space (Block 286 on the approved draft plan). The removal of the residential blocks provides greater visual and physical connections to the school site and creates more opportunities for community connectivity. 7

8 Page 8 of Infrastructure and public service facilities should be located in community hubs, where appropriate, to promote cost-effectiveness and facilitate service integration, access to transit and active transportation: The secondary school is proposed to include uses such as a theatre and daycare centre. The school boards are working with the City s Parks Development Division to jointly develop the adjacent park space in conjunction with the school to provide a larger green amenity space for the neighbourhood. The site will be serviced by transit routes that run on the extension of Wheathill Drive and on Newport Avenue. 1.7.d Long-term economic prosperity can be supported by encouraging a sense of place, by promoting well-designed built form and cultural planning: The removal of the residential blocks increases the schools sense of place in the neighbourhood as it will have two full frontages onto public roadways. The increased institutional block also allows for greater public space integration between the school site and the adjacent parkland. 2.6 Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved: The subject lands were cleared of archaeology through the Draft Plan of Subdivision. 3.1 Is outside areas of natural hazard: The subject lands are not located within a natural hazard area Sites with contaminants in land or water shall be assessed and remediated as necessary prior to any activity on the site associated with the proposed such that there will be no adverse impacts: The subject lands are within a buffer area associated with on-site contaminants from the former industrial use along the proposed Wheathill Street extension. The applicants have submitted for a Record of Site Condition to clear the site. Any contaminants will be remediated or buffer areas cleared prior to the issuance of a Site Plan Control agreement for the development of the Secondary School. The proposed zoning by-law amendment is consistent with the 2014 Provincial Policy Statement. It represents a compatible change which maintains the density and mix of uses within a settlement area that can be serviced by municipal infrastructure and is supportive of transit and active transportation. 8

9 Official Plan Discussion Page 9 of 14 Section 2 Strategic Policy Direction The focus of growth within the City of Kingston will occur mostly within the Urban Boundary (Section 2.2.1). The subject lands are located within a Housing District on Schedule 2 Urban Structure in the City of Kingston Official Plan. Housing Districts will be designated for residential uses of different types, but will also contain areas of local open space, community facilities and neighbourhood or district commercial designations (2.2.5). The proposed secondary school is a permitted use within the Housing District. The school is to be constructed as a community amenity containing a theatre and daycare, as well as extensive open space on the school board lands. The adjacent parkland is to be developed in conjunction with the school property to provide a larger integrated open space. Section 3 Land Use Designation The subject lands are designated Residential on Schedule 3-A Land Use of the City of Kingston Official Plan (Exhibit F Official Plan, Land Use). Residential uses are primarily forms of housing including detached, semi-detached or duplex dwellings, row houses, and apartments of various types, tenure and density that respond to a wide range of housing needs (Section 3.3). Community Facilities are permitted in Housing Districts (3.3.1). The goal of Community Facilities is to provide for social, educational, cultural or religious facilities that are convenient and compatible with adjacent land uses (3.2). As per section 3.2.2, publically funded secondary schools are permitted on all lands designated as Residential on sites that have adequate size, with access from an Arterial or Collector Road. Preferred locations for secondary schools are accessed by safe active transportation facilities, along transit routes, in proximity to goods and services, and/or are co-located with other compatible community facilities. On Schedule 3-D Site Specific Policies, the lands known as 700 Gardiners Road are subject to site specific policy area number 58. Section provides site specific policies for the lands at 700 Gardiners Road. As Per Section , a secondary school is permitted with the residential designation and is not required to have direct frontage onto an Arterial or Collector Road if adequate access is provided via Newport Avenue to Taylor Kidd Boulevard. The secondary school and related community facilities are a permitted use within the Residential designation at their current location. The Special Policy Area permits the secondary school on a Local Road where it has adequate frontage onto Newport Avenue. The site will have access to Gardiners Road and Taylor Kidd Boulevard via Newport Avenue and the proposed zoning by-law amendment does not decrease the frontage and access along Newport Avenue. Kingston Transit, through their comments on the application, have identified that both Newport Avenue and Wheathill Street will be served by transit routes. 9

10 Page 10 of 14 As per Section , the Urban Residential Density of lands within the Residential designation and zoned within the implementing zoning by-law for residential uses shall be a minimum of 45 residential units per net hectare. The applicants Planning Justification Report reviewed the change in residential density for the subdivision with the proposed reallocation of land from residential uses to institutional uses. With a decrease in land area for residential uses from 19.2 hectares to 18.7 hectares, and a reduction in the number of residential units from 1,038 to 1,018, the resulting overall density for the subdivision is 54 units per net hectare. The proposed change in density exceeds the minimum required density of 45 units per net hectare, conforming to the density requirements. As per Section 9.5.9, when considering an application to amend the zoning by-law, the Planning Committee and Council will have regard to such matters as: a. Conformity of the proposal with the intent of the Official Plan policies and schedules: The subject lands are located in a Housing District on Schedule 2 City Structure, and designated Residential on Schedule 3-A Land Use. The lands are not within a Service Constraint Area on Schedule 11-C - Servicing Constraints. The proposed decrease in density of the subject lands complies with the policies of the Official Plan including Special Policy Area The proposed secondary school conforms to the uses permitted by the Residential and Community Facilities designations. b. Compatibility of the proposal with existing uses and zones, sensitive uses, the natural heritage system, cultural heritage resources, and compatibility with future planned uses in accordance with this Plan: The rezoning of the residential lots to increase the size of the school lands is compatible with the proposed surrounding residential and open space development. The larger school site facilitates a more seamless integration with the adjacent park space. The subject lands are not listed or designated under the Ontario Heritage Act. There are no listed or designated properties adjacent to the subject lands. c. Compatibility of proposed buildings or structures with existing buildings and structures, with zoning standards of adjacent sites, with any future planned standards as provided in this Plan, and with any urban design guidelines adopted by the City for the area: The proposed school use is compatible with the adjacent development and planned future development. No special zone provisions are proposed by way of this application; the Institutional (I) Zone applies as per By-Law Number d. The extent to which the proposal is warranted in this location and the extent to which areas zoned for the proposed use are available for development: The development of the West Village subdivision was reviewed comprehensively through a Draft Plan of Subdivision application. It is located as a central point within the 10

11 Page 11 of 14 community providing a school, community uses and outdoor amenity areas to the new neighbourhood. The site is proposed to be serviced by transit. e. The suitability of the site for the proposal, including its ability to meet all required standards of loading, parking, open space or amenity areas: The application for zoning by-law amendment has been submitted to consolidate a larger site for the development of the combined French Catholic and French Public school boards to meet their projected needs. A Site Plan Control application will be submitted in the future for the proposed school site. If it is determined that additional zone provisions may have to be reviewed, a minor variance or zoning by-law amendment may be required. f. The suitability of the density relative to the neighbourhood and/or district, in terms of units per hectare, bedrooms per hectare, Floor Space Index, and/or employees per hectare, as applicable: The change in residential density as a result of the application conforms to the minimum residential density of the Special Policy Area 58. g. The impact on municipal infrastructure, services and traffic: Phase 1 of the subdivision is currently being reviewed for a Final Plan of Subdivision, which includes the proposed school site. The application includes the review of water, wastewater and sanitary infrastructure to service the subject lands. h. Comments and submissions of staff, agencies and the public: There are no comments from staff and review agencies that would impact the zone change. Servicing and other technical matters are currently being reviewed as part of the Final Plan of Subdivision for Phase 1 of West Village. A Site Plan Control application will be required to further advance the school site. i. The degree to which the proposal creates a precedent: There is no anticipated undesirable precedent being set as a result of the application. Therefore, it is staffs opinion that the proposed zoning by-law amendment conforms with the general intent of the City of Kingston Official Plan. There is no requirement for an Official Plan amendment. Zoning By-Law Discussion The subject lands at 700 Gardiners Road are zoned OS-20-H, OS-20, R3-32-H, I, C5-10, R5-21-H, C5-13-H, R2-45-H, R2-46 and R4-40-H Zone in Zoning By-Law Number 76-26, as amended (Exhibit G Zoning By-Law Number 76-26, Map 5). The portion of the lands subject to this zoning by-law amendment are zoned the Special Residential 2 R2-46 Zone and are 11

12 Page 12 of 14 located along Wheathill Street adjacent to the Institutional I Zone as illustrated on Figure 4 of the applicants Planning Justification Report (Exhibit H Figure 4 from Planning Justification Report: Current Zoning for the Draft Plan of Subdivision). The R2-46 Zone currently permits the development of single-detached dwellings, semi-detached dwellings and rowhouse dwellings. The proposed zoning by-law amendment to rezone this portion of the lands zoned R2-46 to the Institutional I Zone will create a larger parcel to be developed with a secondary school and community facilities. The I Zone is consistent with the adjacent existing I Zone. This larger consolidated institutional parcel is anticipated to meet the needs of both the French Catholic and French Public school boards, and provide greater integration options with the adjacent parkland block. The school lands and park space are a central feature within the West Village subdivision. Contained in the zoning by-law is a minimum residential density of 24 units per net hectare for lands zoned the R2-46 Zone. By rezoning the subject land from R2-46 to the I Zone, the number of units within the R2-46 Zone will be reduced from 110 units to 90 units, and the net area of land within the R2-46 Zone will be reduced from 4.34 hectares to 3.89 hectares. The resultant change in land uses reduces the density in the R2-46 Zone from 25.3 units per net hectare to 23 units per net hectare. The proposed amendment does not significantly impact the overall density of the subdivision, which will maintain a density of 54 units per net hectare. The subject lands were zoned with a Holding (-H) provision. The Hold provision was removed through a Removal of the Holding application, File Number D , with Council receiving notice at the September 18, 2018 Council meeting. An amending by-law has been prepared. Other Applications A Final Plan of Subdivision (File Number D ) has been submitted and is currently under review. Technical Analysis This application has been circulated to external agencies and internal departments for review and comment. All comments on the proposal have been addressed and no outstanding issues with this application remain at this time. Public Comments No public comments were received at the time of writing this report. Effect of Public Input on Draft By-Law There was no public input received to date and as such, the proposed zoning by-law amendment reflects the recommendation from staff based on a review and analysis of the application. Conclusion In conclusion, staff recommends approval of the application for zoning by-law amendment for the property located at 700 Gardiners Road. The requested zoning by-law amendment is appropriate, 12

13 Page 13 of 14 as it is consistent with the Provincial Policy Statement and conforms to the policies of the City of Kingston Official Plan. The proposed resultant changes to the Draft Plan of Subdivision represents an appropriate change to further the development of the secondary school and the related community facilities. Existing Policy/By-Law: The proposed amendment was 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 Planning Act Provincial Policy Statement, 2014 Municipal City of Kingston Official Plan Zoning By-Law Number Notice Provisions: A Public Meeting is being held concurrent with the Comprehensive Report submission with respect to this application on. 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. In addition, notices were sent by mail to 262 property owners (according to the latest Assessment Rolls) within 120 metres of the subject property and a courtesy notice was placed in The Kingston Whig-Standard on September 11, If the application is approved, a Notice of Passing will be circulated in accordance with the provisions of the Planning Act. At the time of the writing of this report, no pieces of public correspondence have been received and all planning related matters have been addressed within the body of this report. Any public correspondence received after the publishing of this report will be included as an addendum to the Planning Committee agenda. Accessibility Considerations: Not applicable Financial Considerations: Not applicable 13

14 Page 14 of 14 Contacts: Paige Agnew, Director, Planning, Building & Licensing Services extension 3252 Laura MacCormick, Deputy Director, Planning Division extension 3223 Marnie Venditti, Manager, Development Approvals extension 3256 James Bar, Senior Planner extension 3213 Other City of Kingston Staff Consulted: Not applicable Exhibits Attached: Exhibit A Draft By-Law and Schedule A to Amend Zoning By-Law Number Exhibit B Key Map Exhibit C Neighbourhood Context (2015) Exhibit D Exhibit E Exhibit F Figure 1 from Planning Justification Report: Excerpt from Approved Draft Plan of Subdivision Figure 2 from Planning Justification Report: Excerpt from West Village Phase 1 Preliminary Subdivision Plan Official Plan, Land Use Exhibit G Zoning By-Law Number 76-26, Map 5 Exhibit H Exhibit I Figure 4 from Planning Justification Report: Current Zoning for the Draft Plan of Subdivision Public Notice Notification Map 14

15 Page 1 of 2 Exhibit A Clause (x) to Report xx-18-xxx File Number D By-Law Number 2018-XX A By-Law to Amend By-Law Number 76-26, A By-Law to Regulate the use of lands and the Character, Location and use of Buildings and Structures in The Township of Kingston (Zone Change from R2-46 Zone to I Zone, 700 Gardiners Road) Passed: [Meeting Date] 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 Number 76-26, as amended, of the former Township of Kingston; Therefore be it resolved that the Council of the Corporation of the City of Kingston hereby enacts as follows: 1. By-Law Number of The Corporation of the City of Kingston, entitled A By- Law to Regulate the Use of Lands and the Character, Location and Use of Buildings and Structures in the Township of Kingston, as amended, is hereby further amended as follows: 1.1. Map 5 of Schedule A, as amended, is hereby further amended by changing the zone symbol of the subject site from R2-46 to I, as shown on Schedule A attached to and forming part of By-Law Number By removing Section 13(3)(tt)(2), and replacing it with the following: 13(3)(tt)(2) Density: The minimum number of residential units per net hectare of land within the R2-46 Zone on land to be used only for dwelling units, excluding roads, parks and other uses shall be 23 dwelling units per net hectare. 15

16 Exhibit A City of Kingston By-Law Number 2018-XXX Page 2 of 2 2. This by-law shall come into force and take effect on the day it is passed subject to and in accordance with the provisions of the Planning Act, R.S.O. 1990, c. P. 13 as amended from time to time. Given all Three Readings and Passed: [Meeting Date] John Bolognone City Clerk Bryan Paterson Mayor 16

17 Exhibit A SCHEDULE 'A' TO BY-LAW NUMBER LEGEND Reference By-Law 76-26, Map 5 Planning, Building & Licensing Services a department of Community Services PREPARED BY: A. Dowker DATE: Applicant: Barry Smith Owner: Taggart (Gardiners) Corporation File Number: D Address: 700 Gardiners Raod * Note: West Village Draft Plan of Subdivsion, prepared December 1, 2016, is shown for context only Metres 1:6, E Lands to be Rezoned from R2-46 to I Certificate of Authentication This is Schedule 'A' to By-Law Number, passed this day of Mayor Clerk

18 PROGRESS AVE DEVELOPMENT DR Planning, Building & Licensing Services a department of Community Services CONTEXT 724 MAP GARDINERS RD DAVIS DR WHISTLER PLANNING COMMITTEE KEY MAP 700 TERR TAYLOR-KIDD BLVD Applicant: Barry Smith Owner: Taggart (Gardiners) Corporation File Number: D Address: 700 Gardiners Raod MUIRFIELD CRES DAVIS DR 607 BRANDY CRT PRINCESS ST BAYRIDGE DR TAYLOR-KIDD BLVD UXBRIDGE CRES MIDLAND AVE LITTLESTONE CRES HENDERSON BLVD SWANFIELD ST WATERLOO DR E LEGEND SWANFIELD GARDINERS RD DAYS RD T S TANNER DR ARBOUR CRES WARBUR TON CENTENNIAL DR SWANFIELD ST SYDENHAM RD CRES EDGAR ST WHEATHILL ST DOLSHIRE ST Exhibit B BATH RD MELROSE ST PIXLEY PL MALABAR DR Subject Property HWY 401 GRANDTRUNK AVE JOHN COUNTER BLVD Property Boundaries PORTSMOUTH AVE DALTON AVE SIR JOHN A. MACDONALD BLVD JOHNSON ST PIXLEY PL PREPARED BY: K. Cruz DATE: 8/9/ Metres 1:8, 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.

19 MIDPARK DR ARLINGTON PARK PL PROGRESS AVE DEVELOPMENT DR GA RDI N ER S RD BROTHLIN CR E S WHISTLER TERR M U 515 I R FI E LD TAY LOR - KID D DAVIS DR B LV D BRANDY CRT ARBOUR C R E S SWAN F IEL D 393 CEN TEN NIA L 2257 TANN ER DR CRES D O S T L S HIR E WAR B U R TO N DR 926 Exhibit C EDGAR WHEATHILL ST S T CR E S 596 ST MELROSE ST P MALABAR DR TEAL CRT I XLEY PL Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 8/10/2018 PLANNING COMMITTEE NEIGHBOURHOOD CONTEXT (2015) Applicant: Barry Smith Owner: Taggart (Gardiners) Corporation File Number: D Address: 700 Gardiners Raod Metres 1:8, 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 Subject Property Property Boundaries E

20 Exhibit D 2 Figure 1: Excerpt from Approved Draft Plan of Subdivision (source: Leslie M. Higginson Surveying Ltd.). Planning Justification Letter 20 West Village Phase 1 Blocks

21 Exhibit E 3 Figure 2: West Village Phase 1 Preliminary Subdivision Plan (source: Leslie M. Higginson Surveying Ltd.). Planning Justification Letter 21 West Village Phase 1 Blocks

22 BLACKBURNMEWS MIDPARK DR ARLINGTON PARK PL PROGRESS AVE DEVELOPMENT DR GARDINERS RD BROTHLIN CRES WHISTLER TRAIL DAVIS DR TAYLOR-KIDD BLVD MUIRFIELD CRES BEXLEY GATE BRANDY CRT 495 LITTLESTONE CRES HERITAGE EDGAR ST SHIRES WAY SWANFIELD ST ARBOUR CRES TANNER DR WARB URTON DOLSHIRE ST CENTENNIAL DR Exhibit F CRES ST WHEATHILL WATERLOO DR C RT MELROSE ST MALABAR DR PIXLEY PL TEAL CRT Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 8/10/2018 PLANNING COMMITTEE OFFICIAL PLAN, Land Use Applicant: Barry Smith Owner: Taggart (Gardiners) Corporation File Number: D Address: 700 Gardiners Raod Metres 1:8, 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 Subject Property ARTERIAL COMMERCIAL BUSINESS PARK INDUSTRIAL DISTRICT COMMERCIAL ENVIRONMENTAL PROTECTION AREA GENERAL INDUSTRIAL OPEN SPACE REGIONAL COMMERCIAL RESIDENTIAL E

23 Exhibit G OS-3 R5-10 R R1 R EPA C2 OS R2-12 R R R2-1-T R5-8 C2-25-H R2-9 R R R C OS R C2-25 R C2-H 827 OS-4 R C C C5-13-H 2125 R4-23 M C5-10 C2-10-H R4-26 C M2-12 C2-28 C2-39 R C R3-32-H R2-43 R2-27 R5-21-H R R C2-9 C2 OS-20-H I 2025 R M M R2-46 M2 R2-27-H C2 R4-40-H 670 C2-53 OS R2-45-H 691 M PROGRESS AVE M2-9 M C2-51 C DEVELOPMENT DR C2-43 M C2-72-H C1-6-H Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 8/10/2018 M C WHISTLER M1-7-H M1 M1-7 C2 M2-H C5-4 PLANNING COMMITTEE TAYLOR-KIDD BLVD TERR C5 ZONING BY-LAW 76-26, Map 5 D Applicant: Barry Smith Owner: Taggart (Gardiners) Corporation File Number: D Address: 700 Gardiners Raod Metres 1:8, 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. OS-20-H R BRANDY CRT C2-15 R2-46 R R R R2-9 R I OS-3 LEGEND SWANFIE LD ST R1-36-H D C2 CRWAR B URTON ES OS-3 C R2-26 R R1-36-H 655 PIXLEY PL OS-3 R1 R4-31 C2 Consolidated Zoning Subject Property Property Boundaries EPA D E I

24 Exhibit H Figure 4: Current zoning for the Draft Plan of Subdivision (source: Fotenn). Planning Justification Letter West Village Phase 1 Blocks

25 WHISTLER T ERR MUIRFIELD CRES DAVIS DR TAYLOR-KIDD BLVD BRANDY CRT LITTLESTONE CRES WA R BURTO N Exhibit I CRES EDGAR ST MIDPARK DR ARLINGTON PARK PL PROGRESS AVE DEVELOPMENT DR GARDINERS RD SWANFIELD ST SWANFIELD ARBOUR CRES S T TANNER DR CENTENNIAL DR SWANFIELD ST WHEATHILL ST DOLSHIR E ST MELROSE ST PIXLEY PL TEALCRT PIXLEY PL Planning, Building & Licensing Services a department of Community Services PREPARED BY: K. Cruz DATE: 8/9/2018 PLANNING COMMITTEE PUBLIC NOTICE NOTIFICATION MAP Applicant: Barry Smith Owner: Taggart (Gardiners) Corporation File Number: D Address: 700 Gardiners Raod Metres 1:8, 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 Subject Property 120m Public Notice Boundary Property Boundaries 262 Properties in Receipt of Notice E