City of Kingston Report to Committee of Adjustment Report Number COA

Transcription

1 To: From: Date of Meeting: Application for: File Number: Address: Owner: Applicant: City of Kingston Chair and Members of Committee of Adjustment Sajid Sifat, Intermediate Planner Consent D Crerar Boulevard Chris Boot and Mark McKercher IBI Group Incorporated Executive Summary: This application for consent to facilitate the creation of two new lots has been submitted by IBI Group Incorporated on behalf of the owners Chris Boot and Mark McKercher. The purpose of this application is to sever the existing lot and create the two new lots in order to develop each lot with a single-detached dwelling. The subject property is designated Residential in the Official Plan and zoned site-specific Residential Type 1 - R1- zone in Zoning By-Law Number 6-. The subject property has a lot frontage of 4. metres on Crerar Boulevard and an approximate lot area of 199 square metres. The consent application proceeded through the Delegated Authority process in accordance with By-Law Number which delegates approval authority to the Director of Planning, Building and Licensing Services when there are no associated minor variances with the consent application. The delegated authority approval process is only in effect when an application is not contested (i.e. when no public objections are received within the notice period). The City received public comments during the public notification period therefore the file has been referred to the Committee of Adjustment for consideration. A new public notice was mailed to all property owners within a 60 metre radius of the property and new signage was posted on the site. Committee of Adjustment Meeting Number 05

2 Page of 1 This report provides a recommendation to the Committee of Adjustment regarding the application for consent. The proposal has regard to the matters under subsection 51() 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 and a plan of subdivision is not necessary for the proper and orderly development of the property, as such, is recommended for provisional approval. Recommendation: It is recommended that consent (lot creation) application, File Number D-0-01 for property municipally known as 4 Crerar Boulevard, to sever the existing lot in order to create two new lots to develop a single-detached dwelling, 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 5(4) of the Planning Act, R.S.O as amended, within one year of mailing of the notice of decision. 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 5(4) 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.. Reference Plan That a digital version of a Reference Plan be provided in a PDF and AutoCAD Windows readable format on a compact disc (CD), USB memory stick or by , illustrating the severed parcel be prepared and presented to the Secretary-Treasurer, Committee of Adjustment prior to the issuance of the Certificate of Official.. 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 owner/applicant must pay any outstanding realty taxes and all local improvement charges levied against the property. 4. Standard Archaeological Condition 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, Committee of Adjustment Meeting Number 05 4

3 Page of 1 Culture and Sport (416--1) and the City of Kingston s Planning Division ( , extension 10) must be immediately contacted. 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 10) must be immediately contacted. 5. 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. 6. 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, written confirmation from the City that the civic address has been obtained prior to the issuance of the consent certificate.. Building Permit A Building Permit is required prior to the construction or removal of all structures square metres in area or greater. Servicing, grading and stormwater management plans will be reviewed in consideration of the proposed building footprints to the satisfaction of the Engineering Department.. 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 will make references to the following technical studies that will be registered on title: - Stormwater Management Brief; and - Servicing Plan. Securities will also be required for off-site servicing works and for on-site grading, through the development agreement. Committee of Adjustment Meeting Number 05 5

4 Page 4 of 1 9. Utilities Kingston Prior to the issuance of a Certificate of Official it shall been necessary for the existing services to be abandoned at the main prior to the demolition of the existing dwelling, this includes the sanitary and water service.. Tree Protection All tree protection and preservation areas as identified in the consulting arborists report shall be in place prior to site alteration activities and be maintained for the duration of the project. Committee of Adjustment Meeting Number 05 6

5 Page 5 of 1 Authorizing Signatures: Sajid Sifat, Intermediate Planner In Consultation with the following Management of the Community Services Group: Paige Agnew, Director, Planning, Building & Licensing Services Lanie Hurdle, Acting Chief Administrative Officer Committee of Adjustment Meeting Number 05

6 Page 6 of 1 Options/Discussion: The consent application was submitted on August, 01 by IBI Group Incorporated, and it proceeded through the Delegated Authority process in accordance with By-Law Number which delegates approval authority to the Director of Planning, Building & Licensing Services when there are no associated minor variances with the consent application. The delegated authority approval process is only in effect when an application is not contested (i.e. when no public objections are received within the notice period). The City received two pieces of public correspondence received within the days public notification period that was held between November 19, 01 to December, 01; therefore this application has been referred to the Committee of Adjustment for consideration. Written letters of objection were received with regards to the issues of flooding as it relates to stormwater management for new developments, tree removal on-site, location of swales, and the extent of roadworks required to facilitate the servicing and access for the proposed development on the subject property. Responses to the letter of objection were also required from the applicant s agent, IBI Group Incorporated. Responses to these letters of objection were provided by the applicant to the City. City staff supported the responses from the applicant and commentary was included from City staff supporting the applicant s response. The consolidated responses as attached in Exhibit H was provided to the concerned residents. As part of the consent bump up process, this application has been deferred to the Committee of Adjustment for a decision. A new public notice was mailed to all property owners within a 60 metre radius of the property and new signage was posted on the site to allow public notification prior to the Committee of Adjustment Public Meeting. Site Characteristics The subject property is located on the west side of Crerar Boulevard, south of Front Road in the Reddendale neighbourhood. The subject property is surrounded by low-rise, low-density residential developments, primarily comprised of single detached dwellings. The subject property is in proximity to Crerar Park and R.G Sinclair Public School. The subject property is designated Residential in the Official Plan and zoned site-specific Residential Type 1 - R1- zone in Zoning By-Law Number 6- which permits a singledetached dwelling. The subject property has a lot frontage of 4. metres on Crerar Boulevard and an approximate lot area of 199 square metres. A single-detached house and detached garage were existing on the property at the time of the submission of this application. These buildings have since been demolished. Application Technical Consents are severance applications that meet all requirements of the applicable zoning by-law and are subject to the Delegated Authority By-Law which allows the Director of Planning, Building & Licensing Services to issue approvals for such applications. The subject proposal to sever the existing lot into two lots meets the applicable provisions of Zoning By-Law Number 6- for the R1- zone. Committee of Adjustment Meeting Number 05

7 Page of 1 All residents within a 60 metre radius of the property were notified through this process. Letters of objection and concerns were received within the required notification period held between November 19, 01 to December, 01. Two letters of objection were received from residents in the subject neighbourhood with regards to the issues of flooding as it relates to stormwater management for new developments, tree removal on-site, location of swales, and the extent of roadworks required to facilitate the servicing and access for the proposed development on the subject property Revised signage has been posted on the site and public notification of the Public Meeting has been sent to all property owners within a 60 metre radius. A courtesy advertisement has been published in the local newspaper. The applicant is proposing to sever the existing lot that has a lot frontage of 4. metres on Crerar Boulevard and an approximate lot area of 199 square metres into two new lots in order to develop each lot with a single-detached dwelling. The R1- zone requires a minimum lot frontage of 16. metres and a minimum lot area of 55.4 square metres. Each of the severed and retained lots will have a lot frontage of 1.1 metres and a lot area of square metres which meets the requirements of the R1- zone. Planning Act In accordance with Section 5(1) of the Planning Act, an application for Plan of Subdivision is not required for the planned and orderly development of this proposal. An application for Consent (Section 50(1)) of the Planning Act, was determined to be appropriate for the creation of one new lot. Provincial Policy Statement The Provincial Policy Statement (0) 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. The proposed subdivision conforms to the PPS based on the considerations below, the subdivision: Is located within the urban boundary which is the settlement area and designated growth area (1.1..1); The subject site is located within the Reddendale neighbourhood which as per Schedule of the Official Plan the subject property are all located within the urban boundary and within an approved plan of subdivision. Proposes a density which conforms to the Official Plan and efficiently uses the subject lands (1.1..(a)1); The proposed density is appropriate and compatible to the character of the neighbourhood and efficiently uses subject lands. The proposal to create one additional lot in order to develop a new single-detached dwelling on each lot. Has been designed to efficiently use municipal infrastructure, which is available (1.1..(a)); Committee of Adjustment Meeting Number 05 9

8 Page of 1 The subject property is located within the Urban Boundary with access to existing municipal infrastructure. All necessary municipal servicing infrastructures such as water and sanitary services are available to service these lots. Supports active transportation through the inclusion of multi-use pathways, mid-block connections, and by contributing to a linear park network which includes the use of existing gas easement and hydro corridor (1.1..(a)); A sidewalk is existing on the west side of Crerar Boulevard adjacent to the subject property. This sidewalk provides connectivity to the intersection of Front Road and Crerar Boulevard located to the north of the subject property. A transit bus stop is located at the intersection of Front Road and Crerar Boulevard. Supports transit by increasing the number of people living along existing and planned transit routes (1.1..(a)5); A transit bus stop is located at the intersection of Crerar Boulevard and Front Road, which is walking distance from the subject property. The increase in density is supported by the existing transit infrastructure. Proposes a density and a mix of uses which efficiently use the available land, infrastructure and public service facilities. (1.1..6); The proposed development is located within an existing residential neighbourhood which was established through a plan of subdivision. The existing neighbourhood is located within the Urban Boundary with access to parks and municipal services such as water, sanitary, and transit. The proposed will create a severed and retained lot which meet the existing zoning of the property at a density that is appropriate for the area. Official Plan The subject property is designated Residential in the City of Kingston Official Plan (OP). The proposed residential use of the property is a permitted use. Section..A.1 of the OP states that low density residential land uses and buildings are part of the City s urban neighbourhood system, both in the number of units and physical area. The OP identifies Low Density Residential as land uses with a density of up to dwelling units per net hectare with typical built form including single-detached dwellings, semi-detached dwellings, duplexes, triplexes and converted dwellings. The proposed creation of one new lot will allow the development of two new single-family dwellings which will have a density of. dwelling units per net hectare. The proposed density and the single-family dwellings built form are consistent with the low density residential designation. Section.4.4 of the OP encourages new residential development and new secondary plans are subject to the policies and minimum densities for the existing built-up residential areas, a net urban residential density of dwelling units per net hectare is established as the overall minimum density. The proposed development results in an increase in density from the existing density of 5. dwelling Committee of Adjustment Meeting Number 05 90

9 Page 9 of 1 units per net hectare to the proposed density of. dwelling units per net hectare through the proposed creation of one additional lot. The proposed development of one new lot and two new single-detached dwellings is compatible with the character of the neighbourhood and desirable despite not meet the density target of dwelling units per net hectare. Section.4.5 of the OP encourages residential intensification. One of the approaches the OP recommends is intensification through infill development. The proposed development is considered infill and minor intensification. The proposed development is supported by use of existing municipal services such as water and sewer, close proximity to park, school, commercial amenities and public transit facilities. The closest bus stop is located within walking distance at the intersection of Crerar Boulevard and Front Road. Therefore, the proposed development meets the intent of the infill and intensification policies of the OP. Section. of the Official Plan provides policy direction with respect to land use compatibility and ensuring that new opportunities for growth and investment can occur within a manner that is compatible with surrounding land uses. The proposed development through this application is proposing to create one new lot and to develop the existing and proposed lots with a new singledetached dwelling. The proposed lot creation and subsequent development of a single-detached dwelling on each lot is compatible with the adjacent properties and the character of the surrounding neighbourhood. The proposed lots sizes with lot frontage of 1.1 metres and a lot area of square metres is comparable to the existing lots on Crerar Boulevard and the general neighbourhood. The proposed lots comply with the minimum lot area and lot frontage requirement of the zone. Section 9.6. of the Official Plan specifies the criteria for consent approval: a. Minimum lot areas for consents are established within the policies of the Prime Agricultural Area, Rural Lands, Hamlets, Rural Commercial and Rural Industrial designations; b. The minimum lot areas for consents on lands located within the Urban Boundary are governed by the provisions of the applicable zone; c. Conformity to Section.1.19 of the Plan; d. The specific consent policies for the land use designations established by the Plan make allowance for consents involving lot consolidation; and e. Where an application for lot consolidation in Rural Areas is approved, conditions may be imposed requiring that the lots to be consolidated be deeded in the same name. The property subject to the consent application is located within the Urban Boundary and the proposed severed and retained lots meet the minimum lot area and lot frontage that is required by the R1- zone. In considering whether this proposed consent is desirable, the Committee of Adjustment will have regard to the nine requirements included in Section of the Official Plan. The following is an assessment of how the proposal is consistent with these requirements. Committee of Adjustment Meeting Number 05 91

10 Page of 1 a. The lot frontage, depth and area of any lot created by consent (severed and retained parcel) must be appropriate for the use proposed for the lot, be in compliance with the provisions of the zoning by-law and consistent, where possible, with adjacent lots; The proposed severed and retained lots are proposed to be 1.1 metres of frontage and square metres of lot area which meet and exceed the minimum lot frontage and minimum lot area requirements of the applicable R1- zone. The proposed lot frontage and lot area are also consistent with existing lots within the neighbourhood. The proposed lots are appropriately sized to allow the construction of a permitted singledetached dwelling use on the lot. b. The shape of the resultant lots are regularly shaped parcels given the rural context. The subject property is located within the Urban Boundary and the resulting lots are regularly spaced parcels. c. Both parcels have direct frontage on assumed municipal roads. Both the severed and retained lots will have 1.1 metres of road frontage on to Crerar Boulevard which is an assumed municipal road. Access and servicing will be provided from Crerar Boulevard to the proposed lots. d. Direct access from major roads is limited and is subject to the terms of any permits or approvals required from an agency having jurisdiction, with particular attention to controlled areas subject to Ministry of Transportation review and approval; The subject property is not located on a public road government by the Ministry of Transportation. There are no concerns with any future proposed driveways onto Crerar Boulevard Crerar Boulevard is a residential street and all existing properties fronting onto Crerar Boulevard have direct access and driveways onto Crerar Boulevard. e. New access points or driveways must be located where they would not create a traffic hazard because of sight lines on curves, grades or corners; There are no driveways being proposed at the current point in time, however, there are no anticipated concerns with the ability to locate a driveway on each lot in the future. Upon the new lots being created, Building Permit applications are required to be issued prior to the construction of any buildings. A zoning review will be performed at the time of the Building Permit review process to ensure that the proposed driveways are compliant with the requirements of the zoning by-law. The City s Engineering Department will also review the location of any proposed driveways at the same time to ensure that there are no traffic or sight line hazards associated to the proposed development. f. Minor infilling of residential development is permitted except where the new lots would result in ribbon development of more than four non-farm residential lots that takes the form of a single depth of houses or other land uses fronting along roads in Rural Areas; Committee of Adjustment Meeting Number 05 9

11 Page of 1 The subject property is not located in Rural Area. g. Infill residential development is permitted within Rural Areas where there is a distance of 0 metres or less of frontage between two non-farm residential lots on the same side of the road and the lot can meet all of the other policies of this Plan and requirements of the zoning by-law; The proposed lots are not located within Rural Area. h. Infill residential development is permitted within Rural Areas where there is a distance of 0 metres or less of frontage between two non-farm residential lots on the same side of the road and the lot can meet all of the other policies of this Plan and requirements of the zoning by-law; The subject property is not located within a Rural Area. i. Any application for a consent must assess the impact on the natural heritage system, natural heritage features and areas, natural hazards, cultural heritage resources and areas of archaeological potential, or areas of archaeological significance as set out in Sections 5, 6 and of this Plan; The subject property is cleared of archaeology. Heritage Planning has reviewed this proposal and there are no concerns with impact on cultural heritage resources associated to this proposal. The subject property is located within the Urban Boundary and there also no concern with loss of natural heritage associated to this proposal. j. The City must be satisfied that any development lots created by consent can be supplied with such municipal services as fire protection, road maintenance, storm drainage and where applicable, water supply and sewage disposal facilities, such that the provision of services does not adversely affect the City s finances. The subject property is located within the Urban Boundary an area within which the necessary municipal services such as water, sewer and sanitary services are provided. Utilities Kingston and the Engineering Department have reviewed this proposal and there were no concerns with this proposal. The recommended conditions of approval include a clause in the Development Agreement which requires the Stormwater Management Brief and Servicing Plan to be registered on title. Zoning By-Law The properties are located in a Residential Type 1 - R1- zone in the City of Kingston Zoning By-Law Number 6-, entitled "Township of Kingston Restricted Area By-Law", as amended (Exhibit C Existing Zoning). The parent R1 zone permits residential uses such a single-family dwelling house, a converted dwelling house and non-residential uses such as a home occupation and a public use in accordance with the provisions of Section 5(1) of the Zoning Committee of Adjustment Meeting Number 05 9

12 Page of 1 By-Law Number 6-. The parent R1 zone includes provisions that apply to the creation of any new lots and any development on properties subject to the R1 zone. The site specific R1- zone includes minimum lot frontage and minimum lot area provisions that apply to the subject property in addition to the parent zone provisions. The zoning matrix below demonstrates compliance with the parent R1 zone and the site specific R1- zone in comparison to the proposal. In case of the subject property, the parent R1 zone needs to be applied in conjunction with the site specific R1- zone. In the event of a conflict for any requirements between the parent zone and the site specific zone, the requirements of the site specific zone prevail. The proposed parcels that will result from the consent (severance to create one net new lot, for a total of two lots) have been reviewed to ensure compliance with the applicable performance standards of the R1- zone. The R1- zone requires a minimum lot frontage of 16. metres and a minimum lot area of 55.4 square metres. Each of the severed and retained lots will have a lot frontage of 1.1 metres and a lot area of square metres which meets the requirements of the R1- zone. Zone Provision R1- zone Requirement Proposed Relief Required.1(a) Permitted Uses Single Family Dwelling House.(c)(i) Lot Area (minimum) 6000 square feet (55.4 square metres) Single-Family Dwelling House square metres No NO.(c)(ii) Lot Frontage (minimum) 55 feet (16. metres) 1.1 metres No.(c) Front Yard Depth (minimum) 0 feet (6.1 metres) >6.1 metres No.(e) Interior Side Yard Width (minimum) 4 feet (1. metres) 1. metres No.(f) Rear Yard Depth (minimum) 5 feet (.6 metres) >.6 metres No.(g) Dwelling Unit Area (minimum) 00 square feet (9 square metres) >9 square metres No Committee of Adjustment Meeting Number 05 94

13 Page 1 of 1 Zone Provision R1- zone Requirement Proposed Relief Required.(h) Landscaped Open Space (minimum) (%) % >% No.(i) Building Height (maximum) 5 feet (. metres). No.(j) Dwelling Houses Per Lot (maximum) 1 1 No 5.1 Accessory Uses As per 5.1 As required No 5.16(a) 5.16(a) Required Parking Space (minimum) Required Parking Space Dimension(minimum) 1/unit 1 No.5x6.0 As required No 5.16(c) Yards Where Permitted 40 square metres in the rear or interior side yard; driveway width 6.0 metres As required No 5.19 Servicing Sufficient Capacity 5.0 Setbacks feet plus the minimum front yard depth As Required As required No No 5.5 Yard, Setback, Height Encroachment Permitted As per Section 5.5 As required No The table above shows that the proposed lots meet the minimum lot area and lot frontage of the R1- zone. The table also shows that the applicant is not seeking relief from any zone provisions through the consent application process. The provisions for minimum lot area and minimum lot frontage apply to the creation of the new lots. The balance of the zoning provisions Committee of Adjustment Meeting Number 05 95

14 Page of 1 will be examined against a proposed plot plan at the time of zone review through the Building Permit process. The proposed creation of two net new lots is consistent with the character of the residential block and the neighbourhood in terms of the proposed lot area and lot frontage. There are no concerns with the compatibility of the proposed lot creation to the adjacent properties and the general neighbourhood. Discussion In addition to the standard conditions attached to the notice of decision for this conditional consent approval, the owner of the subject property is required to enter into a development agreement with the City. The Development agreement will list technical studies such as grading plan and stormwater management brief that are reviewed and approved by the City, and will be registered on title through the development agreement to ensure enforceability. Securities for on and off site works will also be collected in accordance with the cost of works to complete the stormwater swale, site grading and any road-cuts required to install servicing. Stipulations in the development agreement will require the property owner to complete all on-site and off-site works as part of fulfilling the conditions of consent approval prior to the creation and sale of the newly created lots. The following departments are the concerned technical agencies that reviewed the proposed severance application, their comments are listed below: Engineering Department The applicant submitted a Stormwater Management Brief and a Grading Plan as required information for the subject consent application.technical consideration such as on-site grading and stormwater management have been reviewed by the City s Engineering Department and there are no concerns with the proposed grading and stormwater plans. Utilities Kingston The servicing plan submitted by the applicant has been reviewed by Utilities Kingston to ensure that non-encroaching services are provided to each new lot. Utilities Kingston has no concerns with the servicing capacity of the servicing plan for this proposal. A condition has also been added to the notice of decision that requires the owner to cap existing services at the main prior to demolition of the existing single-detached dwelling on the property. Building Department Building has no concerns with regards to the lot addition at this time. 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 Committee of Adjustment Meeting Number 05 96

15 Page 15 of 1 Building Division Engineering Department Heritage (Planning Division) 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 Placeholder Placeholder Technical Comments This application was circulated to external agencies and internal departments for their review and comment and there were no comments or concerns raised that would preclude this application from moving forward. Any technical comments that are received after the publishing of this report will be included as an addendum to the Committee of Adjustment agenda. Public Comments Two pieces of public correspondence were received within the days public notice period that was held between November 19, 01 to December, 01. The objections received from each resident are attached to this report in Exhibit G Public Correspondence. Mr. Wayne Headrick and Ms. Petra McDowell who are both residents of the Reddendale neighbourhood provided written objections to the proposed development. Staff required the applicant on behalf of the owner to respond to the correspondence objecting to the proposed development. The applicant s responses to the objections from the residents are listed in Exhibit H - Applicant Responses to Public Correspondence. In addition to the responses from the applicant (IBI Group Incorporated), it was indicated to the residents objecting to the proposal that City is in support of the application and satisfied that the proposed development meets all technical requirements of the City. Upon such correspondence provided in response to the letters of objection, Mr. Wayne Headrick withdrew his letter of objection. However, Ms. Petra McDowell has continued to object despite efforts by the City and the applicant to clarify and address her concerns. City Staff affirm that this proposal meets requirements of the zoning by-law and all other technical requirements of the City. City Staff are also satisfied with the responses provided by the applicant to the concerns from residents and recommend approval of this proposal. Previous or Concurrent Applications An application for zoning by-law amendment and Part Lot Control application was submitted by the applicant proposing to create new lots, prior to the submission of this consent application to sever the existing lot in order to create new lots. The zoning by-law amendment application and Part Lot Control application have since been withdrawn. The subject consent application is the only active planning application on the subject property. Committee of Adjustment Meeting Number 05 9

16 Page 16 of 1 Conclusion The proposal has regard to the matters under subsection 51() 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 by-law and is recommended for provisional approval. Approval of this application will allow the severance of the existing residential lot into for the purpose of constructing a new single-detached dwelling on each lot. This proposal is consistent with the applicable policy framework and complies with the provisions of Zoning By-Law Number 6-. This proposal is compatible with the adjacent properties and the surrounding neighhourhood. It is recommended that his proposal be approved subject to the conditions listed in this report and the notice of decision. Existing Policy/By-Law: The proposed application 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 Provincial Policy Statement, 0 Municipal City of Kingston Official Plan Zoning By-Law Number 6-, as amended Notice Provisions: A Committee of Adjustment Meeting is going to be held respecting this application on April 15, 019. Pursuant to the requirements of the Planning Act, a notice of Statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site days in advance of the meeting. In addition, notices were sent by mail to a total number of 5 property owners (according to the latest Assessment Roll) within 60 metres of the subject property and a courtesy notice was placed in The Kingston Whig-Standard. Once a decision has been rendered by the Committee of Adjustment, a Notice of Decision will be circulated in accordance with the provisions of the Planning Act. Accessibility Considerations: Not applicable Committee of Adjustment Meeting Number 05 9

17 Page 1 of 1 Financial Considerations: Not applicable Contacts: Laura MacCormick, Deputy Director, Planning Division extension Sajid Sifat, Intermediate Planner extension 1 Other City of Kingston Staff Consulted: The application was circulated to the relevant internal departments and external agencies for review and comment. The responses to the technical circulation have been addressed in the technical review section of this report. Exhibits Attached: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Key Map Official Plan, Land Use Existing Zoning Neighbourhood Context Public Notification Map Site Plan Public Correspondence Consent Applicant Responses to Public Correspondence Committee of Adjustment Meeting Number 05 99

18 CRERAR BLVD 19 1 CONTEXT MAP HENDERSON BLVD 0 19 BAYRIDGE DR DAYS RD 1 B Exhibit A 0 1 A B A B FRONT RD 1 KING ST W 5 5 BISHOP ST CRESCENT DR N SINCLAIR ST 9 GORDON ST LAKESHORE BLVD B A CRESCENT DR PARK CRES A CB 40 A CRESCENT DR S B A Planning, Building & Licensing Services a department of Community Services PREPARED BY: J. Partridge DATE: COMMITTEE OF ADJUSTMENT KEY MAP File Number: D-0-01 Address: 4 Crerar Blvd Metres 1:,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. 015 The Corporation of the City of Kingston. LEGEND Lands to be Severed Lands to be Retained Committee of Adjustment Meeting Number 05 0 E

19 Exhibit B 1 LAKEVIEW AVE BISHOP ST CRERAR BLVD CRESCENT DR N 1 6 SINCLAIR ST 1 GORDON ST CRESCENT DR LAKESHORE BLVD PARK CRES Planning, Building & Licensing Services a department of Community Services PREPARED BY: J. Partridge DATE: COMMITTEE OF ADJUSTMENT OFFICIAL PLAN, Land Use File Number: D-0-01 Address: 4 Crerar Blvd Metres 1:,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. 015 The Corporation of the City of Kingston. LEGEND Subject Property ENVIRONMENTAL PROTECTION AREA OPEN SPACE RESIDENTIAL Committee of Adjustment Meeting Number 05 1 E

20 Exhibit C 1 LAKEVIEW AVE BISHOP ST CRERAR BLVD CRESCENT DR CRESCENT DR SINCLAIR ST 1 LAKEVIEW AVE LAKESHORE BLVD GORDON ST PARK CRES Planning, Building & Licensing Services a department of Community Services PREPARED BY: J. Partridge DATE: COMMITTEE OF ADJUSTMENT ZONING BY-LAW 6- File Number: D-0-01 Address: 4 Crerar Blvd Metres LEGEND Consolidated Zoning Subject Property 1:,000 Property Boundaries Committee of Adjustment Meeting Number 05 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. 015 The Corporation of the City of Kingston. E

21 Exhibit D L AKEV I EW AV E BIS HO P S T CRERA R BLV D CRESCENT DR S I NCLAI R S T GO RD O N ST L AKES H ORE BLV D PARK CRES Planning, Building & Licensing Services a department of Community Services PREPARED BY: J. Partridge DATE: COMMITTEE OF ADJUSTMENT NEIGHBOURHOOD CONTEXT (01) File Number: D-0-01 Address: 4 Crerar Blvd Metres 1:,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. 015 The Corporation of the City of Kingston. LEGEND Corporation of the City of Kingston Subject Property Property Boundaries Committee of Adjustment Meeting Number 05 E

22 Exhibit E LAKEVIEW AVE CRERAR BLVD CRESCENT DR CRESCENT DR BISHOP ST SINCLAIR ST 1 LAKEVIEW AVE LAKESHORE BLVD GORDON ST PARK CRES Planning, Building & Licensing Services a department of Community Services COMMITTEE OF ADJUSTMENT PUBLIC NOTICE NOTIFICATION MAP File Number: D-0-01 Address: 4 Crerar Blvd LEGEND Subject Property 60m Public Notice Boundary Property Boundaries 5 Properties in Receipt of Notice E PREPARED BY: J.Partridge DATE: /19/ Metres 1:,000 Committee of Adjustment Meeting Number 05 4 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. 015 The Corporation of the City of Kingston.

23 _C0 - Site Plan_ dwg Exhibit F LEGEND: PROPOSED ASPHALT AREA PROPOSED GRASS AREA PROPOSED DWELLING FOOTPRINT (CONCEPTUAL) PROPOSED DRY SWALE AREA EXISTING ASPHALT EXISTING CONCRETE EXISTING GRASS AREA BENCHMARK PROPERTY BOUNDARY PROPOSED WOOD FENCE PROPOSED RAIN WATER LEADER KEY MAP Scale: N.T.S. 1.0 GENERAL 1.1 LEGAL SURVEY AND TOPOGRAPHIC INFORMATION ILLUSTRATED WAS OBTAINED FROM HOPKINS CHITTY LTD. Project No THE SITE IS LOCATED AT 4 CRERAR BOULEVARD, CITY OF KINGSTON, COUNTY OF FRONTENAC. 1. THE PROPOSED USE OF THE SITE IS RESIDENTIAL REDEVELOPMENT. 1.4 CONTRACTOR TO ENSURE EROSION AND SEDIMENT CONTROL MEASURES ARE INSTALLED PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, ACCORDING TO THEIR MANUFACTURER'S GUIDELINES AND RELEVANT OPSD DETAILS, SHALL BE CHECKED ON A DAILY BASIS, AND SHALL BE REMOVED, ALONG WITH ACCUMULATED SEDIMENT, IMMEDIATELY FOLLOWING THE EFFECTIVE STABILIZATION OF THE SITE. 1.5 CONTRACTOR SHALL OBTAIN LOCATES FOR ALL EXISTING U/G SERVICES AND REPORT ANY DISCREPANCIES TO THE ENGINEER PRIOR TO COMMENCEMENT OF CONSTRUCTION. 1.6 ALL CONCRETE CURBS AND SIDEWALKS TO CONFORM TO O.P.S. AND CONSTRUCTED TO DETAILS PROVIDED ALL CONCRETE SHALL BE "NORMAL PORTLAND CEMENT" IN ACCORDANCE WITH O.P.S.S. 150 AND SHALL ACHIEVE A MINIMUM STRENGTH OF MPa AT DAYS. 1. ALL DISTURBED AREAS BEYOND PROPERTY LIMITS TO BE REINSTATED TO MATCH EXISTING CONDITIONS AS DIRECTED BY ENGINEER. ALL BOUNDARIES TO BE BLENDED TO EXISTING CONDITIONS. 1. THE CONTRACTOR SHALL KEEP PUBLIC ROADWAYS FREE OF DEBRIS DURING CONSTRUCTION. ANY MATERIAL TRACKED FROM THE SITE HALL BE PROMPTLY REMOVED FROM ROADWAYS AT THE CONTRACTORS EXPENSE. 1.9 REASONABLE ACCESS TO BE MAINTAINED ALONG ALL PUBLIC ROADS AT ALL TIMES. 1. NOTIFY ADJACENT PROPERTIES OR BUSINESSES 4 HOURS BEFORE DISRUPTION TO ACCESS. 1. PROPOSED SERVICE LATERALS SHALL NOT BE CONNECTED DIRECTLY TO CITY'S MAINTENANCE HOLES..0 CONSTRUCTION NOTES - ENVIRONMENT WHILE UNDERTAKING CLEARING, EXCAVATION OR CONSTRUCTION THE OWNER AND THEIR CONTRACTORS SHALL BE VIGILANT FOR THE POTENTIAL PRESENCE OF UNDERGROUND FUEL TANKS, POTENTIALLY CONTAMINATED SOIL OR GROUNDWATER, BURIED WASTES OR ABANDONED WATER WELLS. IF ANY OF THE ABOVE ARE ENCOUNTERED OR SUSPECTED, THE OWNER SHALL ENSURE THAT:.1 THE CITY OF KINGSTON'S ENVIRONMENT DIVISION IS ADVISED THAT CONTAMINANTS OR WASTES HAVE BEEN DISCOVERED OR ARE SUSPECTED.. ANY SOIL OR GROUNDWATER CONTAMINATION ENCOUNTERED IS REMEDIATED TO APPLICABLE STANDARDS AS DEFINED WITHIN O.REG. 15/04 OR AS REVISED.. ANY WASTES GENERATED BY SITE CLEAN UPS ARE MANAGED IN ACCORDANCE WITH APPLICABLE LAWS AND STANDARDS;.4 ANY ABANDONED FUEL TANKS ENCOUNTERED ARE DECOMMISSIONED IN ACCORDANCE WITH APPLICABLE LAWS AND STANDARDS;.5 ANY UNUSED WATER WELLS (DRILLED OR DUG) ARE PROPERLY ABANDONED IN ACCORDANCE WITH ONTARIO REGULATION 90 - WELLS OR AS REVISED;.6 IF IT APPEARS LIKELY THAT CONTAMINATION EXTENDS BEYOND THE BOUNDARIES OF THE SUBJECT PROPERTY, THE OWNER NOTIFIES THE LOCAL OFFICE OF THE MINISTRY OF THE ENVIRONMENT AND THE CITY OF KINGSTON'S ENVIRONMENT DIVISION;. CONSTRUCTION WASTES ARE NOT TO BE BURIED WITHIN THE PROPERTY THAT IS THE SUBJECT OF THIS AGREEMENT, AND. THAT THE OWNER AND THEIR CONTRACTORS REPORT ALL SPILLS TO THE MINISTRY OF THE ENVIRONMENT'S SPILLS ACTION CENTER ( ) AND TO THE MUNICIPALITY ( EXT. 16) FORTHWITH. 1 CA CA SECOND SUBMISSION FOR REVIEW AND APPROVAL No. By Date Revisions IBI GROUP 650 Dalton Avenue Kingston ON KM N Canada tel fax ibigroup.com Project Title: RESIDENTIAL SITE REDEVELOPMENT 4 CRERAR BOULEVARD KINGSTON, ON Drawing Title: 5 0 Meters 5 SITE PLAN 1:150 Designed : A.C. Scale: 1:150 Drawn By: Checked: Date: C.A. A.C. JAN 01 Drawing File: Project No.: Drawing No.: C-0 Committee of Adjustment Meeting Number 05 5

24 Exhibit G From: To: Subject: Date: Sifat,Sajid Application D-0-01 Wednesday, November, 01 9::5 PM Dear Sajid; I am writing to express a number of concerns and to raise questions about the proposed development at 4 Crerar Boulevard, File Number D While I understand that the developers are requesting a technical approval and are no longer seeking a zoning amendment, I do feel that there are a number of issues that need to be considered in approving this application. First and foremost, I would like to make you aware of a number of misleading and untrue statements in the letter from the IBI group addressed to you, dated 1 November 01. In the letter, the IBI group states We note some onsite trees were removed by the developer prior to submission of the Consent Application. Remaining areas to be protected as per consulting arborist s report. [emphasis added] At the Planning Committee meeting on March 01, the Committee had specifically requested that consideration be given to ensuring that the trees are not unnecessarily cut down, and that efforts are made to preserve the distinctive Black Walnut trees. I regret to inform you that the developer has completely clear cut the property within a few days starting on 1 July 01. There are no remaining trees, shrubs or even grass on the property. There is nothing left to protect. The residents fought hard to stop the clear cut this summer, but we were not successful. As such, the developer had clearly disregarded the City Committee s request, as well as their own consulting arborist s report. It seems unfair that the developer would purposefully bypass the City s request, as well as the request by your own team, and clear cut the property without any repercussions, all-the-while benefiting from it. The damage they have caused to our community is irreparable and reprehensible. Second, the letter also states that the current building has not yet been demolished. This is again untrue, as all buildings on the lot have been demolished quite a few months ago; well before the trees were cut down this July, and well before the 1 November 01 letter was written. It is unclear to me why the IBI group (and the developer) would be misrepresenting the facts to the City. In addition to being concerned about the above-mentioned untruths, I do have three other specific concerns. Perhaps the most significant concern is surrounding the swale. This swale is to be positioned at the back of the property running parallel to the Boulevard, with the goal of mitigating the flooding concerns in the neighbourhood. My understanding is that the surface water from the two large homes that will be built, as well as from the property itself, will be directed into the swale. My question is, where will this water go then? It does not appear that the water will evaporate from the underground swale, there are no trees on the property to absorb the water, and there are no reservoirs into which the swale will drain. The only option is for the water to soak into the ground. If the ground itself is too saturated (as is often the case in our neighbourhood), then the water will seep down to the bedrock, and will then run downhill to the neighbouring properties. This will increase the amount of water those properties need to absorb, and could exacerbate the flooding. How will the plan ensure that neighbours are not flooded when the water will be directed downhill right into their properties? Moreover, who will be responsible for ensuring that the swale remains operational and that it is maintained once the homes are sold? Without proper care and maintenance, we have seen swales in our neighbourhood filled in by new owners, resulting in significant damage to neighbouring properties. How/ who will ensure that this does not happen on this property? Another concern I would like to raise is the proposed digging up of Crerar Boulevard to accommodate various pipes and gas access. While I understand that this may be necessary, I am Committee of Adjustment Meeting Number 05 6