City of Kingston Report to Committee of Adjustment Report Number D10-204/

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1 To: From: City of Kingston Report to Committee of Adjustment Report Number D10-204/ Chair and Members of Committee of Adjustment Tim Fisher, Planner Date of Meeting: November 23, 2015 Subject: Executive Summary: Applications for Consent New Lot and Right-of-Way 37 Ellerbeck Street Applicant Robert and Thomas Thurlby Agent Peter Sauerbrei Application D was received on August 31, 2015 and was processed under Delegated Authority By-Law Number , as amended. Public comments and objections were received by the Planning Division during the public notification period and as such the application has now been placed on a Committee of Adjustment public meeting as per By-Law Number The purpose of the application is to sever a square metre parcel of land with 7.9 metres of road frontage and retain a square metre parcel of land with 7.9 metres of road frontage. A 1.78 metre wide shared right-of-way is proposed over each parcel to create shared vehicle and pedestrian access from Ellerbeck Street to access the rear yard of each parcel. Application Number D was received on November 6, The purpose of this application is to create a 1.78 metre wide shared easement for vehicle and pedestrian access over the retained parcel subject to consent application D The consent applications will result in the existing lot being severed into two equal parcels and the existing single family dwelling removed. The owner/applicant proposes to develop each parcel with a new single family dwelling. The proposed severance complies with the consent policies, intensification policies and the residential designation in the Official Plan. Both the proposed severed and retained lots will comply with the minimum lot frontage and lot area requirements in the A One and Two Family Dwelling zone as per Zoning By-Law Number Any new development on the severed or retained lot is required to comply with the existing requirements of the zoning by-law, as amended. Committee of Adjustment Meeting 11 November 23,

2 Report to Committee of Adjustment Report Number D10-204/ November 23, 2015 Page 2 of 13 Recommendation: Application Number D It is recommended that consent application D to sever a square metre parcel of land with 7.9 metres of road frontage and retain a square metre parcel of land with 7.9 metres of road frontage, together with a 1.78 metre wide shared right-of way for pedestrian and vehicle access over each parcel, be provisionally approved subject to the following conditions: 1. Deadline That all conditions are satisfied and the Certificate of Official 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 the mailing of the notice of decision. The property owner is advised to consult with the Land Registry Office prior to submission to the City to seek their preapproval of the Certificate of Official. The Certificate must be registered within one year from the issuance of the signed 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 your file. 2. Reference Plan That four (4) paper prints of 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 , prior to issuance of approval. 3. 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 property taxes (not a copy of the tax bill) and any special charges required to be paid out. This statement of proof of payment 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. 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. Committee of Adjustment Meeting 11 November 23,

3 Report to Committee of Adjustment Report Number D10-204/ Right-of-Way - Shared Access November 23, 2015 Page 3 of 13 That the Certificate of Official for the severed parcel include: A reciprocal shared right-of-way between the owners of the severed and retained parcels as per Consent Application Number D shall be provided over the severed parcel to provide a 1.78 metre wide shared vehicle and pedestrian access from Ellerbeck Street to access rear yard parking. 6. Lot Servicing Prior to the issuance of a Certificate of Official it shall be necessary for Utilities Kingston to be satisfied that there is no encroachment of existing or proposed services on adjacent properties. 7. Archaeological Assessment An Archaeological Assessment (beginning with a Stage One Assessment) and any subsequent or supporting studies are required to be completed 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 be obtained by the same said 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 & 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. 8. Archaeological Condition (Standard) 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 City of Kingston s Planning, Building and Licensing Services ( , extension 3180) must be immediately contacted. Committee of Adjustment Meeting 11 November 23,

4 Report to Committee of Adjustment Report Number D10-204/ November 23, 2015 Page 4 of 13 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 and Crematoriums Regulation Unit of the Ontario Ministry of Government and Consumer Services ( ), the Cultural Program Branch of the Ministry of Tourism, Culture and Sport ( ), and City of Kingston s Planning, Building and Licensing Services ( , extension 3180) must be immediately contacted. Application Number D It is recommended that consent application D to create a 1.78 metre wide shared easement for pedestrian and vehicle access over the retained parcel of land subject to D , be provisionally approved subject to the following conditions: 1. Deadline That all conditions are satisfied and the Certificate of Official 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 the mailing of the notice of decision. The property owner is advised to consult with the Land Registry Office prior to submission to the City to seek their preapproval of the Certificate of Official. The Certificate must be registered within one year from the issuance of the signed 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 your file. 2. Reference Plan That four (4) paper prints of a Reference Plan illustrating the easement 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 , prior to issuance of approval. 3. 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 property taxes (not a copy of the tax bill) and any special charges required to be paid out. This statement of proof of payment 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. Committee of Adjustment Meeting 11 November 23,

5 Report to Committee of Adjustment Report Number D10-204/ Right-of-Way - Shared Access November 23, 2015 Page 5 of 13 That the Certificate of Official for the subject parcel include: A reciprocal shared right-of-way between the owners of the severed and retained parcels as per Consent Application D shall be provided over the retained parcel to provide a 1.78 metre wide shared vehicle and pedestrian access from Ellerbeck Street to access rear yard parking. 5. Related Applications That Consent Application Number D is approved and all related conditions of approval are fulfilled prior to the issuance of the consent certificate by the Secretary- Treasurer Committee of Adjustment. Prior to the issuance of the consent certificate the applicant shall provide written proof to the Secretary Treasurer that each of the conditions has been completed to the satisfaction of the party requesting the condition. Committee of Adjustment Meeting 11 November 23,

6 Report to Committee of Adjustment Report Number D10-204/ November 23, 2015 Page 6 of 13 Authorizing Signatures: Tim Fisher, Planner Consultation with the following Management of Community Services Group: Paige Agnew, Director, Planning, Building & Licensing Services: Lanie Hurdle, Commissioner, Community Services: Committee of Adjustment Meeting 11 November 23,

7 Report to Committee of Adjustment Report Number D10-204/ November 23, 2015 Page 7 of 13 Options/Discussion: On August 31 th, 2015, a consent application for the purpose of creating a new lot was submitted by the agent Peter Sauerbrei on behalf of the owners Robert and Thomas Thurlby for the property at 37 Ellerbeck Street. The purpose of this application is to sever a square metre parcel of land with 7.9 metres of road frontage and retain a square metre parcel of land with 7.9 metres of road frontage. A 1.78 metre wide shared right-of-way is proposed over each parcel to create a shared vehicle and pedestrian access from Ellerbeck Street to access the rear yard of each parcel. Application Number D was originally received on August 31, 2015 and was being initially processed under Delegated Authority By-Law Number , as amended. Public comments and objections were received by the Planning Division during the public notification period and as such the application was placed on a Committee of Adjustment public meeting as per By-Law Number Related application D was received on November 6, 2015 to create a 1.78 metre wide shared easement for vehicle and pedestrian access over the retained parcel, subject to consent application D The shared easement will provide vehicle and pedestrian access from Ellerbeck Street to access rear yard parking. The owner/applicant proposes to develop each parcel with a single family dwelling. The proposed lots comply with the consent policies, intensification policies and the residential designation in the Official Plan. The resulting lots will comply with the minimum lot frontage and lot area requirements in the A One and Two Family Dwelling zone and any new development is required to comply with the provisions of the zoning by-law. Site Characteristics The subject property is located on the east side of Ellerbeck Street, north of King Street. The site is adjacent to similar one and two family dwellings to the north, south and west and is adjacent to St Mary s of the Lake Hospital to the east. The existing square metre parcel of land has 15.8 metres of road frontage on Ellerbeck Street and is currently developed with a single family dwelling which is intended to be demolished subject to approval of this application. Application Provincial Policy Statement (PPS) The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development which are complemented by local policies addressing local interests. The applications being considered are site specific to accommodate a specific proposal and do not involve any major policy considerations. The proposal conforms to and is consistent with the PPS. Committee of Adjustment Meeting 11 November 23,

8 Report to Committee of Adjustment Report Number D10-204/ November 23, 2015 Page 8 of 13 Heritage Considerations The subject property is not designated or listed on the City of Kingston Heritage Properties Register, or adjacent to a property which is listed or designated on the City of Kingston Heritage Properties Register. Furthermore, the subject property is not within or adjacent to a Heritage Conservation District, or a Heritage Area or Corridor as defined in the City of Kingston Official Plan (Schedule 9). The subject property contains composite archaeological potential according to the City s mapping. A minimum stage 1 archaeological assessment (and any subsequent stage recommended in the report), must be completed in relation to the proposed severed and retained lot. Correspondence from the Ministry of Tourism, Culture and Sport must also be received, confirming that the archaeological assessment report is consistent with the Standards and Guidelines for Consultant Archaeologists. This and the standard archaeological clause are both recommended as conditions of this proposed provisional approval. Official Plan Designation The subject property is designated Residential in the City of Kingston Official Plan. The predominant use within the Residential designation is residential dwellings, including detached, semi-detached or duplex dwellings, townhouses, and apartments. In addition to the various forms of housing, community facilities such as schools and places of worship are also permitted. Small-scale, convenience commercial uses which support residential neighbourhoods and are compatible with the residential setting may also be permitted in the designation. The proposed consents are consistent with and conform to the residential intensification policies of the Official Plan (Section 2.3.2) and the residential density targets in Section 2.4.3(a) and The severed lot will not have any negative impacts on the adjacent residential uses or the neighbourhood as the lot is intended for single family dwelling development which is in keeping with the character and use of the neighbourhood. Any new development is subject to the setback and height requirements of the zoning by-law. The consent applications are consistent with the infill policies in the Official Plan (Section 3.3.7) for properties within the residential designation. The proposed severed and retained lots will integrate well with neighbouring properties, and will use existing municipal services. The proposed consents are also consistent with the City s intent to provide new opportunities for growth and investment in a manner that respects existing development and minimizes conflict or adverse effects (Section 2.7). New residential development created by consent is encouraged to locate in areas designated for growth such the proposed property as the land is within the urban boundary (9.6.12). The proposed consent is also consistent with policies of Section a, which states that the lot frontage, depth and area of any lot created by consent (severed and retained parcel) are appropriate for the residential use, and is in compliance with the provisions of the zoning by-law. Each proposed lot has frontage and direct access from Ellerbeck Street, is in compliance with the zoning by-law, and is similar in lot area and frontage to other residential lots in the neighbourhood; therefore, the proposal is consistent with Section c. Committee of Adjustment Meeting 11 November 23,

9 Report to Committee of Adjustment Report Number D10-204/ November 23, 2015 Page 9 of 13 The proposed new residential lot and shared rights-of-way within the residential neighbourhood will not change the use or character of the subject property or broader neighbourhood. The application maintains the intent of the Official Plan. Zoning By-Law The subject property is zoned A One and Two Family Dwelling in Zoning By-Law Number 8499, as amended. The uses permitted in the A zone include a one and two family dwelling subject to the lot area. The subject lot has a lot area of square metres which permits a one or two family dwelling subject to the requirement of the A zone. The owner proposes to sever the lot in half and remove the existing single family dwelling to create two residential lots, each with a lot area of square metres and 7.9 metres of road frontage. Each lot will be permitted to be developed with a single family dwelling based on each lot area which is in keeping with the neighbourhood. A 1.78 wide shared right-of-way is proposed over each parcel to create a shared vehicle and pedestrian access from Ellerbeck Street to access the rear yard of each parcel. Each resulting lot will comply with the minimum lot area and frontage requirement of the A zone. Any new development on either the severed or retained lot will be required to comply with all provisions of the A zone. The consent application maintains the intent of the zoning by-law. Consent Discussion The neighbourhood was created in the early 1900 s when lots were typically wider to accommodate the needs of the residents. Overtime, these larger lots have led to other severances, subject to the placement or redevelopment of the lot. Details regarding any further development on either proposed lot will be addressed through the Building Permit application process. The subject property has a lot area of square metres. The A zone permits a two family dwelling subject to the requirements of the zone on a lot that is 740 square metres or greater in size. The owner could convert the existing dwelling or redevelop the existing lot with a two unit dwelling. Instead they are proposing to create two lots, both of which will exceed the minimum lot area requirement of 370 square metres for a single family dwelling use on each lot. The effect of this is that the two new lots will only be able to be developed with one single family dwelling on each. Residential lots along Ellerbeck Street range in lot area from 320 square metres to 800 square metres with road frontage widths from 8 metres to 15 metres. The severed and retained lots will each have a lot area of square metres with 7.9 metres of road frontage which is in keeping with the existing lot fabric of the neighbourhood and retains compliance with the minimum requirements of the A zone. The owner/applicant is creating a 1.78 metre wide shared right-of-way abutting the common property line between the severed and retained lots providing a shared driveway for pedestrian and vehicle access to each rear yard. The 3.56 metre wide shared driveway will be consistent with similar properties in the neighbourhood which also have shared driveways. The shared Committee of Adjustment Meeting 11 November 23,

10 Report to Committee of Adjustment Report Number D10-204/ November 23, 2015 Page 10 of 13 driveway will also provide a larger building envelope for each parcel and is more efficient as each development will not have to provide its own separate 2.7 metre minimum driveway. Technical Analysis The Consent application was circulated to external agencies and internal departments for review and comment. The following comments have been received. All comments and/or concerns have been addressed within the body of the report. Any comments received after the preparation of this report will be provided to the Committee prior to or at the meeting. Building Division: The owner shall be aware that demolition and building permits will be required for the removal or construction of any buildings. Building permits are also required for site services (water and sewer) for the newly severed lot. Engineering Services: An enhanced restoration of the asphalt will be required if new services for the lots are not in place prior to final lift of asphalt due to the ongoing construction on Ellerbeck Street. Any asphalt work will require restoration between the curb and the median. The grading of the severed and retained lots shall not affect neighbouring properties. A condition as such has been recommended as a condition of severance. Utilities Kingston: The severed and retained lots shall require dedicated non-encroaching services. Records indicate that a new 150 millimetre PVC sanitary lateral and new 25 millimetre copper water service were installed from the respective mains to the property line at this address in Unless a building permit for the proposed new building has already been issued prior to the demolition of the existing building, the existing sanitary, water and gas services shall be abandoned at the main at the time of demolition and new services to both the severed and retained portions shall be installed at the time of construction of the proposed residences. All costs associated with the abandonment of existing services and the installation of new services shall be the responsibility of the applicant. Prior to the issuance of a Certificate of Official it shall be necessary for Utilities Kingston to be satisfied that there is no encroachment of existing or proposed services on adjacent properties. A condition as such has been recommended as a condition of severance. Kingston Hydro: Parks Development: The owner shall be aware that when it comes time for the removal of the building, please submit a service application for the removal of the electrical service to the building. Cash-in-lieu of parkland of $1, shall be paid to the City for the creation of the new residential lot. A condition as such has been recommended as a condition of severance. Committee of Adjustment Meeting 11 November 23,

11 Report to Committee of Adjustment Report Number D10-204/ Public Comments November 23, 2015 Page 11 of 13 As of the time of the finalization of this report, there has been a total of ten (10) letters of concern or objection received by the Planning Division regarding this application. Copies of each letter are attached in Exhibit D. 1. Letter Bentley 2. Letter - Vivian 3. Letter - Mogl 4. Letter - Stewart 5. Letter - Rider 6. Letter - Reynolds 7. Letter - Newbigging 8. Letter - Jozsa 9. Letter - Field 10. Letter Billings In summary, the general theme of the letters speak to the existing residential character of the neighbourhood and any long term effects of having additional dwellings and rental housing, such as student housing in the area. There are concerns regarding the possible needs of future variances to construct a dwelling or the future intent to add second units to each new home or the creation of multiple family dwellings. Traffic and parking concerns have been raised as well as blocking views or sightlines to Lake Ontario. Overall, the principle concern is the application is out of character of the neighbourhood. The initial public notice which was mailed September 22, 2015 stated that the subject property is in an A5 One and Two Family Dwelling zone. The subject property is actually zoned A One and Two Family Dwelling zone and the correction was addressed through the mailing of a new notice to adjacent property owners on November 6, 2015 and accompanying signage erected on site 14 days prior to the public meeting date. The proposed severed and retained parcels comply with the policies of the Official Plan and meet the requirements of the zoning by-law. Previous Applications There are no other current or previous planning applications on the subject property. Committee of Adjustment Meeting 11 November 23,

12 Report to Committee of Adjustment Report Number D10-204/ November 23, 2015 Page 12 of 13 Conclusion The requested consent applications to create a new lot and shared right-of-way are consistent with the general purpose and general intent of both the City of Kingston Official Plan and Zoning By-Law Number The consents are in keeping with the property fabric of the neighbourhood. Each lot will be developed with a single family dwelling which is in keeping with established uses in the neighbourhood. As such, the applications are recommended for provisional approval subject to the conditions of severance. 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 8499 Notice Provisions: A Committee of Adjustment meeting is going to be held respecting this application on November 23, Pursuant to the requirements of the Planning Act, a notice of the statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site 14 days in advance of the meeting. In addition, notices were sent by mail to twenty property owners (according to the latest Assessment Roll) within 60 metres of the subject property and a courtesy notice was placed in the local newspaper. If the application is approved, a Notice of Decision will be circulated in accordance with the provisions of the Planning Act. Accessibility Considerations: Not applicable Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning, Building & Licensing Services extension 3252 Stacey Forfar, Manager, Development Approvals extension 3253 Tim Fisher, Planner, extension 3215 Committee of Adjustment Meeting 11 November 23,

13 Report to Committee of Adjustment Report Number D10-204/ Other City of Kingston Staff Consulted: November 23, 2015 Page 13 of 13 The applications were 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 and included within this report. Exhibits Attached: Exhibit A Exhibit B Exhibit C Exhibit D Key Map Site Plan Site Photo Ten Letters of Objection Committee of Adjustment Meeting 11 November 23,

14 56 54 KEY MAP BATH RD PALACE RD CONCESSION ST PRINCESS ST VICTORIA ST ALFRED ST STEPHEN ST DIVISION ST YORK ST Exhibit A MONTREAL ST HWY 2 QUEEN ST 52 JOHNSON ST BROCK ST 1 48 KING ST W 340 UNION ST Subject Lands BARRIE ST KING ST E ONTARIO ST DAVIDSON ST ELLERBECK ST D Lands Subject to Consent St. Mary's of the Lake Hospital D Retained Lands SCALE Meters 1:1,000 Planning, Building & Licensing Services a department of Community Services PREPARED BY: A. Dowker DATE: 11/12/ THE COR POR AT ION O F T HE C IT Y O F KIN G STO N APPLICATION FOR CONSENT Legend Lands Subject to Consent Lands to be Retained Applicant: Robert and Thomas Thurlby File Number: D Adrress: 37 Ellerbeck Street Legal Description: PLAN B13 LOT 8 B 342 ARN: Committee of Adjustment Meeting 11 November 23, Disclaimer: This document is subject to copyright and may only be used for your personal, non -commercial use provided you keep intact the copyright notice. The City of Kingston assumes no respo nsibility for any errors, an d is n ot liable fo r any dam ag es of any kin d resu ltin g from th e u se of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warran ty, express or im plied, concernin g the accuracy, qu ality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

15 Exhibit B Committee of Adjustment Meeting 11 November 23,

16 Exhibit C Committee of Adjustment Meeting 11 November 23,

17 Exhibit D Committee of Adjustment Meeting 11 November 23,

18 Exhibit D Committee of Adjustment Meeting 11 November 23,

19 Exhibit D Committee of Adjustment Meeting 11 November 23,

20 Exhibit D Committee of Adjustment Meeting 11 November 23,

21 Exhibit D Committee of Adjustment Meeting 11 November 23,

22 Exhibit D Committee of Adjustment Meeting 11 November 23,

23 Exhibit D Committee of Adjustment Meeting 11 November 23,

24 Exhibit D Committee of Adjustment Meeting 11 November 23,

25 Exhibit D Committee of Adjustment Meeting 11 November 23,

26 Exhibit D Committee of Adjustment Meeting 11 November 23,

27 Exhibit D Committee of Adjustment Meeting 11 November 23,

28 Exhibit D Committee of Adjustment Meeting 11 November 23,

29 Exhibit D Committee of Adjustment Meeting 11 November 23,