City of Kingston Report to Planning Committee Report Number PC

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1 To: From: Resource Staff: City of Kingston Report to Planning Committee Report Number PC Chair and Members of Planning Committee Lanie Hurdle, Commissioner, Community Services Marnie Venditti, Senior Manager, Client Relations & Development Services Date of Meeting: January 7, 2016 Subject: Executive Summary: Comprehensive Report Applications for Draft Plan of Subdivision, Official Plan Amendment & Zoning By-Law Amendment 2130 Isle of Man Lane File Numbers D , D & D Applicant Ontario Incorporated Agent FoTenn Consultants Incorporated This is a comprehensive report to recommend approval to Planning Committee for applications for Official Plan amendment, zoning by-law amendment and draft plan of subdivision submitted by FoTenn Consultants Incorporated, on behalf of Ontario Incorporated, for the property located at 2130 Isle of Man Lane. The property is designated Rural and Environmental Protection Area in the City of Kingston Official Plan and zoned Restricted Rural A1 zone in Zoning By-Law Number of the former Pittsburgh Township. The application for draft plan of subdivision proposes twelve (12) rural estate residential lots serviced by individual private well and septic systems. The application for Official Plan amendment proposes to amend the Rural and Environmental Protection Area designations to Estate Residential and Open Space designations and to create a site-specific policy area for lot 6 to permit access for this lot only by way of a registered right-of-way/easement. The zoning amendment seeks to establish site specific Estate Residential ER and Open Space OS zones. 112

2 Report to Planning Committee Report Number PC January 7, 2016 Page 2 of 26 The recommended zoning by-law provisions include the necessary land use controls stemming from the technical review of the applications to ensure the protection of natural heritage features and cultural heritage resources. A Public Meeting with respect to this application was held on March 1, The requested approvals for draft plan of subdivision, Official Plan amendment and zoning by-law amendment are appropriate, as the proposed development has been reviewed and is consistent with the Provincial Policy Statement and the intent of the policies of the City of Kingston Official Plan. Recommendation: That it be recommended to Council that the application for Official Plan amendment (File Number D ), for the lands municipally known as 2130 Isle of Man Lane, be approved; and That the City of Kingston Official Plan, as amended, be further amended, amendment number 46, as per Exhibit A (Draft By-Law and Schedule A to amend the Official Plan) to Report Number PC ; and That the amending by-law be presented to City Council for all three readings; and That it be recommended to Council that the application for zoning by-law amendment (File Number D ), for the lands municipally known as 2130 Isle of Man Lane, be approved; and That 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 Pittsburgh as amended, be further amended as per Exhibit B (Draft By-Law and Schedules A and B to amend Zoning By-Law Number 32-74) to Report Number PC ; and That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the by-law; and That the amending by-law be presented to Council for all three readings; and That it be recommended to Council that the application for draft plan of subdivision (File Number D ), for the lands municipally known as 2130 Isle of Man Lane, be approved, subject to the draft conditions as per Exhibit C (Draft Conditions) to Report Number PC

3 Report to Planning Committee Report Number PC January 7, 2016 Page 3 of 26 Authorizing Signatures: Lanie Hurdle, Commissioner, Community Services Gerard Hunt, Chief Administrative Officer Consultation with the following Members of the Corporate Management Team: Cynthia Beach, Corporate & Strategic Initiatives Not required Denis Leger, Transportation, Facilities & Emergency Services Not required Jim Keech, President and CEO, Utilities Kingston Not required Desiree Kennedy, Chief Financial Officer & City Treasurer Not required 114

4 Report to Planning Committee Report Number PC January 7, 2016 Page 4 of 26 Options/Discussion: Origin On January 5, 2012, Official Plan amendment, zoning by-law amendment and draft plan of subdivision applications were submitted by Ontario Incorporated for the purpose of creating a subdivision consisting of 12 lots. The subject property is designated Rural and Environmental Protection Area in the Official Plan and is zoned Restricted Rural A1 in Zoning By-Law Number of the former Pittsburgh Township. In 2013, the applicant filed an appeal with the Ontario Municipal Board with respect to these applications based on Council s non-decision on the applications within the statutory timeframe. A first phase hearing was conducted in April 2014 with respect to the subject applications, as well as appeals concerning a proposed 31 lot subdivision at 2611 Isle of Man Road (File Numbers D , D and D ). The purpose of the first phase hearing was to address the policy issues and determine if the applicable land use planning documents could allow for estate residential development on each of the two sites. Phases two and three of the hearing were to deal with the technical issues of the applications. On July 29, 2014, the Board issued an order that concurred with the appellants position that the applicable policy regime could allow for estate residential development on the two sites. Upon receiving the Board s decision, Council provided direction to staff to continue work on the technical review of the applications, noting the appellants option to at any time reengage the Board to proceed with the Phase 2 and 3 hearings. With respect to the applications for the subject property, 2130 Isle of Man Lane, staff are satisfied that the technical items, including stormwater management, private servicing and avoiding negative impacts to environmental and cultural heritage resources, have been addressed and are therefore advancing a recommendation for approval of these applications. In addition to the 12 proposed estate residential lots, the application now consists of a proposal for a block to be dedicated to the municipality as a public park abutting the shoreline of the Rideau Canal. The proposed development is to be accessed from a new street, to be assumed by the municipality as a public and local road. The road will be named and dedicated as part of the final subdivision approval process. In accordance with By-Law Number , a pre-application meeting between the applicant and various departments and agencies was conducted on October 14, On January 31, 2012 the applications were deemed complete, in accordance with the Planning Act. A public meeting with respect to this application was held on March 1, Site Characteristics The subject site is approximately hectares in size and is located in Part of Lot 41, Concession 5 in the Geographic Township of Pittsburgh, City of Kingston and is known municipally as 2130 Isle of Man Lane (Exhibit D - Key Map and Exhibit E Neighbourhood Context). The lands have frontage on Isle of Man Road, an unopened road allowance and Isle of Man Lane (a private laneway). The surrounding area consists of the following land uses/water body: 115

5 Report to Planning Committee Report Number PC January 7, 2016 Page 5 of 26 North Colonel By Lake/River Styx, which is part of the Rideau Canal System UNESCO World Heritage Site and rural lands; East primarily rural/residential; South - Colonel By Lake/River Styx, which is part of the Rideau Canal System UNESCO World Heritage Site; and West - Colonel By Lake/River Styx, which is part of the Rideau Canal System UNESCO World Heritage Site and rural/residential lands. The site currently contains existing development on proposed lots 6 and 8. The structure located on proposed lot 8 includes a farmhouse with a log tail that was assessed within the Heritage Impact Statement and Addendum that were prepared in support of the applications. The lots proposed for this subdivision vary in size from 0.91 hectare to 1.66 hectares, serviced by private septic and well water services. The Official Plan amendment application proposes to amend the existing Rural and Environmental Protection Area designations on the lands to Estate Residential and Open Space designations. The recommended Official Plan amendment also includes the creation of a site-specific policy area for lot 6 to permit access by way of a registered right-of-way/easement. The zoning by-law amendment application is required to permit the proposed new estate residential development. Staff have worked with the applicant through the technical review process to include site-specific Open Space zones and site specific provisions within the recommended Special Estate Residential zones to implement the recommendations from the technical analysis to ensure the protection of natural heritage, avoidance of natural hazards and to appropriately zone the area of parkland dedication. In support of the applications, the applicant has submitted the following: Draft Plan of Subdivision, prepared by Hopkins Chitty Land Surveyors Incorporated and Josselyn Engineering Incorporated (Exhibit H); Planning Rationale/Demonstration Report, prepared by FoTenn Consultants Incorporated; Tree Inventory, prepared by Dogwoods Inc.; Stormwater Management Report, prepared by Josselyn Engineering Incorporated; Traffic Impact Report, prepared by Josselyn Engineering Incorporated; Environmental Impact Assessment, prepared by Ecological Services; Bobolink Survey, prepared by Ecological Services; Phase I Environmental Site Assessment, prepared by Pinchin Environmental; Hydrogeological Assessment, Terrain Assessment and Servicing Options Statement, prepared by Trow (now exp); Stage 1 and Stage 2 Archaeological Assessment, prepared by Ground Truth Archaeology; and Heritage Impact Statement, prepared by Bray Heritage. Planning Demonstration Report A Planning Demonstration Report dated January 2012 was prepared by FoTenn Consultants Incorporated. The report assesses the proposed development within the context of the supporting studies and the policy and regulatory framework. The report indicates that the 116

6 Report to Planning Committee Report Number PC January 7, 2016 Page 6 of 26 supporting technical studies demonstrate that the site can be developed in a manner that preserves the rural character of the area, maintains heritage attributes, protects environmental features and ensures safe and healthy living environments (water, access and sanitation). The report concludes that the proposed development is appropriate from a land use planning perspective, as it is consistent with the broad policy directions of the Provincial Policy Statement and the Official Plan. Stormwater Management Report A Stormwater Management Report (August 10, 2011), was prepared by Josselyn Engineering Incorporated, to provide a preliminary engineering design of the proposed stormwater management works necessary for the servicing of the site. The report indicates analysis of the necessary measures with respect to quality and quantity control. The overall design includes the promotion of sheet drainage to new roadside ditches and the canal. The exact design details are to be specified in a Lot Grading Plan, which is required to be prepared as part of the final plan of subdivision when the detailed engineering design is prepared. The report concludes that a negligible increase in post-development runoff is expected as a result of the proposed development that will not significantly alter downstream areas. The recommendations of the report also include best management practices to control the quality of runoff from the proposed development. Environmental Impact Assessment (EIA) and Bobolink Survey Ecological Services completed an Environmental Impact Assessment (EIA) (March 15, 2011) and Bobolink Survey (July 13, 2011) for the subject lands. The EIA concludes that the subject lands have modestly low ecological value, due to their long-term and current agricultural and residential use and makes the following recommendations for implementation in order to mitigate the impacts of the proposed development: In general, the development should be set back a minimum distance of 40 metres from the high water level of the Cataraqui River and 30 metres from the floodplain, whichever is greater. Within the 40 metre setback, it is recommended that the 30 metres of land adjacent to the water be maintained as a buffer area within which there is no disturbance of the soil mantle or vegetation cover. That the eroding shoreline be stabilized such that it is no longer actively eroding sediment into the Cataraqui River. That prospective purchasers be advised that these are not water access lots. No site preparation, including any alteration of the soil or vegetation should occur during the Bobolink s breeding and rearing seasons (April 15 to July 30). That the proponent undertake additional research, as recommended by the Ministry of Natural Resources and Forestry, into the distribution/abundance of Bobolink on site, including habitat usage, to identify any additional impacts to species at risk and any mitigation options. The Bobolink Survey (Ecological Services, July 13, 2011) indicates that the use of the subject lands by Bobolinks is limited to the northern corner and northward onto adjacent lands, therefore 117

7 Report to Planning Committee Report Number PC January 7, 2016 Page 7 of 26 the Bobolinks have the greatest potential to be impacted by the development of proposed lots 2 and 3. The report indicates that the lots are large, such that there is potential for development to occur without altering the nature of the entire lot. The report includes a recommended building and development envelope for lots 2 and 3, attached as Figure 3 of the Bobolink Report. The following statement in the Bobolink Report speaks to the long-term assessment of the areas of lots 2 and 3 that are proposed for protection and exclusion from development: It is our opinion that it would be onerous and unreasonable to expect private land owners to artificially maintain the rear of their lots in a manner that maintains it for Bobolinks. It is expected, therefore, that the habitat will gradually become less suitable for these birds, and they will shift their activity slightly to the north, where agricultural operations continue, and where the Bobolinks appeared to already be more active. At such time as this occurs, MNR may be petitioned for a reassessment of permissible land use related to the Endangered Species Act. The Bobolink report also outlines an alternative approach whereby the applicant could request a permit from OMNRF, which is subject to OMNRF deeming social or economic benefit and that the proposed development will not jeopardize the survival of the species, if reasonable alternatives have been considered and if there will be mitigative measures taken to reduce impact. The Environmental Impact Statement and Bobolink Survey were the subject of a Peer Review prepared by Brunton Consulting Services (October 11, 2013), which was circulated to the applicant, Cataraqui Region Conservation Authority (CRCA) and the Ministry of Natural Resources and Forestry (MNRF) as part of the technical review of the subject applications. A memorandum by Ecological Services dated July 23, 2015 was provided by the applicant. The CRCA has indicated that with the inclusion of recommended conditions of draft plan approval and following their review of the proposed Official Plan amendment and zoning by-law amendment, their concerns have been addressed. The Ministry of Natural Resources and Forestry has advised of three options that could be pursued by the applicant: Register to damage or destroy bobolink habitat and compensate elsewhere under Section 23.6 of O. Reg. 242/08. Obtain a permit to damage or destroy bobolink habitat. Reduce the number of lots to maintain bobolink habitat, set aside this area as a natural area cutting it every 2 or 3 years. The recommended zoning for the area adjacent to the identified bobolink habitat prohibits development. In the future, should the owner of lots 2 and/or 3 wish to pursue development within the areas recommended to be zoned OS-18, the applicant would need to receive approval from the Ministry of Natural Resources based on one of the options noted above and a zoning by-law amendment would also be required. Phase 1 Environmental Assessment A Phase 1 Environmental Site Assessment (ESA) was prepared for the subject site by Pinchin Environmental (January 11, 2011) to examine potential environmental concerns arising from 118

8 Report to Planning Committee Report Number PC January 7, 2016 Page 8 of 26 previous uses of the property. The Assessment recommends no further work, as nothing was identified that is likely to give rise to potential subsurface impacts for the site. Hydrogeological Assessment and Terrain Analysis Report A Hydrogeological Assessment and Terrain Analyses were completed by Patterson Group Incorporated (April 22, 2009) and Trow (now exp) (February 22, 2011). The findings of the reports indicate that the site can accommodate the proposed development given the ground water quality and quantity and subsurface soil conditions. The Hydrogeological Assessments were subject to a Peer Review by XCG Consultants Limited, which was followed up by a Peer Review Response by Trow (now exp). Staff from the City s Environment Division have indicated no further concerns with the proposed development from a hydrogeological standpoint with the inclusion of five conditions of Draft Approval of the subdivision, including notice pertaining to elevated levels of sodium. Tree Inventory A Tree Inventory was completed by Dogwoods in 2011 which identified 180 trees located along the shoreline or in small clusters throughout the property. A tree preservation plan will be required as a draft plan condition, which will also include an analysis of any required tree compensation including tree replacement. The recommended zoning amendment includes a minimum 40 metre setback from the high water mark of Gibraltar Bay, which offers protection to the trees located within this setback. Archaeological Assessments (Stages 1 and 2) Ground Truth Archaeology conducted a Stage 1 and Stage 2 Archaeological assessment for the subject lands. The Stage 1 Archaeological Assessment concluded that the subject lands possessed high potential for both pre and post contact archaeological potential and recommended the preparation of a Stage 2 assessment. The field testing for the Stage 2 assessment included observations of ploughed portions of the property as well as shovel testing at 5 metre intervals for areas that could not be plowed. The field work did not reveal any archaeological resources and therefore the Stage 2 report recommended that aside from the requirements concerning any future accidental discovery of archaeological resources and/or human remains, that the site be considered clear of any further concerns from a perspective of archaeological potential. The City is in receipt of all necessary correspondence from the Ministry of Tourism Culture and Sport with respect to the assessments. Heritage Impact Statement A Heritage Impact Statement was prepared by Bray Heritage (October 2009) to assess the potential impacts of the proposed development on cultural heritage features on and adjacent to the subject site. The features reviewed in the report included the heritage landscape, Rideau Canal (National Historic Site, Canadian Heritage River and UNESCO World Heritage Site) and a farmhouse located on the subject lands coinciding with proposed lot number 8. The report includes the following recommendations for the mitigation of potential impacts on the identified cultural heritage features: Retain existing shoreline trees and shrubs. 119

9 Report to Planning Committee Report Number PC January 7, 2016 Page 9 of 26 Set back new development as far as possible from the shoreline, close to the access road, consider revising the plan of subdivision to include more compact development clustered further from the shoreline, with communal open space occupying much of the current farmland south of the existing access road. Screen new houses with a variety of landscape treatments, including, but not restricted to trees and shrubs, berms and solid fences. The original HIS was supplemented by an addendum (Bray Heritage, July 23, 2012) and a memorandum (Bray Heritage, April 18, 2013). The addendum provided a statement of cultural heritage significance for the existing farmhouse, with the log tail of this structure identified as a character defining element and a recommendation for the submission of a conservation plan as a condition of draft plan approval. 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 complemented by local policies addressing local interests. The application being considered is site specific to accommodate a specific proposal and does not involve any major policy issues. While the applications were submitted in 2012, when the 2005 Provincial Policy Statement (PPS) was in effect, the 2014 version came into effect in April 2014 and it is required that all planning decisions following this date are consistent with the 2014 PPS. The following section is an assessment of the proposed development s consistency with the intent of the 2014 PPS. Section 1.1, Managing and Directing Land Use to achieve Efficient and Resilient Development and Land Use Patterns, includes a number of ways in which municipalities should strive to sustain healthy, liveable and safe communities: a) Promoting efficient development and land use patterns which sustain the financial wellbeing of the Province and municipalities over the long term; With the exception of lot 6 which is a constrained lot with existing development (existing dwellings located on proposed lots 6 and 8), the proposed development includes lot sizes that generally meet the requirements of the Official Plan and the technical analysis has demonstrated that they will be of a sufficient size for the long term viability of the development. b) Accommodating an appropriate range and mix of residential (uses)...recreation, park and open space, and other uses to meet long-term needs: The proposed development will provide 12 residential lots that will contribute to the range and mix available of dwelling units in the city. As per the Planning Act, City of Kingston Official Plan and the City s Parkland By-Law, the development will include land dedication for a public park, thereby contributing an additional waterfront recreational amenity to this area of the City to the benefit of residents and general public. 120

10 Report to Planning Committee Report Number PC January 7, 2016 Page 10 of 26 c) Avoiding development and land use patterns that would prevent the efficient expansion of settlement areas: The proposed development will be on private servicing and is not in proximity to an existing settlement area. As per the Provincial Policy Statement, the lands are considered rural lands that are located within a rural area. The definition of rural lands in the Provincial Policy Statement (PPS) is lands which are located outside settlement areas and which are outside prime agricultural areas. The definition of rural areas is a system of lands within municipalities that may include rural settlement areas, rural lands, prime agricultural areas, natural heritage features and areas and resource areas. Section and of the PPS deal with the policies for rural areas and rural lands, respectively. The proposal is consistent with the Provincial Policy Statement with respect to the following: Healthy, integrated and viable rural areas should be supported by: a) Building upon rural character and leveraging rural amenities and assets: The proposed development is of a scale that is consistent with the character of rural development in the area in terms of lot sizes, building envelopes and servicing arrangements. Environmentally significant natural features consisting of the watercourses, an unevaluated wetland and the Great Cataraqui River are being protected as part of the proposed development through additional land use controls implemented through zoning and conditions of draft plan approval. e) Using rural infrastructure and public service facilities efficiently: The proposed development is not expected to negatively impact the efficient use of rural infrastructure and public service facilities. The lots are proposed to be serviced by private wells and septic systems. The access road for the subject lands is existing and the proposed road within the development is a relatively short cul-de-sac, which will be constructed at the Owner s expense and assumed by the municipality as part of final subdivision approval. As per By-Law Number , the development is subject to parkland dedication, which will be in the form of a dedicated waterfront parkland block. h) Conserving biodiversity and considering the ecological benefits provided by nature: The recommended official plan amendment and zoning by-law amendment includes land use controls to ensure the protection of the ecologically significant features on and adjacent to the site. Growth and development may be directed to rural lands in accordance with policy 1.1.5, including where a municipality does not have a settlement area. When directing development on rural lands, a planning authority shall apply the relevant policies of Section 1: Building Strong Healthy Communities, as well as the policies of Section 2: Wise Use of Resources and Section 3: Protecting Public Health and Safety ( ). As per Section , the permitted uses for rural lands located within municipalities include limited residential development: 121

11 Report to Planning Committee Report Number PC January 7, 2016 Page 11 of 26 - The proposed development is limited to 12 lots. The proposed use is compatible with surrounding land uses, which consist of rural residential lots and agricultural uses. Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted ( ): - The technical analysis of the applications has demonstrated that the proposed development can be sustained by rural service levels and has relatively convenient access to Highway 15 from Isle of Man Road. Well water and septic systems will be constructed and maintained at the owner s expense. Overall rural service levels are not expected to be adversely impacted by the proposed development. Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure ( ): - The lots are to be serviced privately, by well and septic systems. The lands have access to an existing road that does not require upgrades at this time and the road network within the proposed development, Street A, will be constructed at the expense of the developer to municipal standards. Opportunities should be retained to locate new or expanding land uses that require separation from other uses ( ): - The subject lands are in close proximity to other compatible uses, such as rural residential lots and agricultural uses, therefore no concerns are expected with respect to land use compatibility. Section 1.4 (Housing), indicates under Section 1.4.3b that Planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market by permitting and facilitating all forms of housing required to meet the social, health and well-being requirements of current and future residents. The proposed development provides a form of housing that contributes to the provision of housing for current and future residents of the regional market. The provision of a waterfront park within the proposed development provides an amenity to the residents of the development and all of Kingston that creates a resource in the area that enhances quality of life. Section 1.5 (Public Spaces, Recreation, Parks, Trails and Open Space) advises that healthy, active communities should be promoted by planning and providing for a full range and equitable distribution of publicly accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails and linkages, and where practical, waterbased resources (1.5.1b) and provision of opportunities for public access to shorelines. The proposed development includes the provision of parkland in accordance with the Planning Act, and the Official Plan and is consistent with this policy of the PPS. Section 1.6 (Infrastructure and Public Service Facilities) requires the provision of coordinated, efficient and cost-effective servicing and transportation systems. Section indicates that in cases where public or communal servicing infrastructure is not available, individual on-site water and sewage services may be used provided that site conditions are suitable for the long-term 122

12 Report to Planning Committee Report Number PC January 7, 2016 Page 12 of 26 provision of such services with no negative impacts. The Hydrogeological Assessment and Terrain Report have undergone a peer review and have been reviewed to the satisfaction of the City (including the Kingston Frontenac Lennox and Addington Health Unit); therefore, negative impacts are not anticipated. The design of the subdivision and the technical review of the supporting information for the applications demonstrate sufficient land within each of the building envelopes of the lots for a replacement septic system, further ensuring the long-term provision of the septic systems. A condition has been included in the recommended draft conditions that will require a letter of notification of the measured concentrations of sodium to the Medical Officer of Health and that any future subdivision agreements include a warning statement indicating the elevated levels of sodium. Section states that transportation systems should be provided which are safe, energy efficient and appropriate to address projected needs. Access to the development is provided via proposed Street A, which connects to Isle of Man Road, which in turn links to Provincial Highway 15, which provides access to the urban area of Kingston, including the Central Business District, therefore providing an appropriate means of transportation that will meet the projected needs of the proposed development and the future owners and visitors of the residential properties. Lot 6 does not have direct road frontage, but is developed with an existing house. Staff have included a condition in the Draft Conditions to ensure that a registered right-of-way/easement is in place to ensure legal access for this lot to the road transportation network. The PPS also includes policy and direction on the wise use and management of resources. Section 2.1 (Natural Heritage) indicates that development or site alteration shall not be permitted on lands identified as having significant natural heritage features. A similar policy framework is stated for adjacent lands, with the requirement that the ecological function of adjacent lands has to be evaluated with demonstration that there will be no adverse impact on the natural heritage resource or on their ecological functions (2.1.8). The proposed development has been the subject of an Environmental Impact Assessment and a Bobolink Survey, both by Ecological Services and a Peer Review of these reports by Brunton Consulting. These reports and peer review have been reviewed to the satisfaction of the City, CRCA and MNRF. The recommended land use designations and zoning provisions for the subdivision implement the recommendations for mitigation to avoid adverse effects with respect to natural heritage features and the ecological functions on and adjacent to the site. The MNRF has outlined options that the applicant can pursue to preserve or remove the habitat and staff have included land use controls on Lots 2 and 3 to protect the area identified in the Bobolink Report. Section 2.3 (Agriculture) requires protection of prime agricultural areas for long-term agricultural use. The Official Plan does not identify the lands as being of agricultural potential (Prime Agricultural) with respect to Section 2.3 of the PPS. The proposed development is not adjacent to any lands designated Prime Agricultural Area, adverse impacts on prime agricultural areas are not expected as a result of the proposed development. Section 2.6 (Cultural Heritage and Archaeology) requires the conservation of significant built heritage resources and significant cultural heritage landscapes. This section also requires that prior to development or site 123

13 Report to Planning Committee Report Number PC January 7, 2016 Page 13 of 26 alteration on lands containing archaeological resources or areas of archaeological potential, significant archaeological resources are conserved. As per the PPS and official plan, a Heritage Impact Statement was submitted with the application to assess any adverse impacts of the development on the protected heritage resource, the Rideau Canal. The lands contain a former homestead that has been identified through the applicant s submission as having cultural heritage value. The HIS has been reviewed to the satisfaction of the City and Parks Canada. The recommended zoning incorporates a minimum setback for the lots that abut the Rideau Canal and the recommended conditions for the Draft Plan of Subdivision require a landscape plan to enhance the lands within 30 metres of the canal. In terms of archaeology, the lands have been subject to Stage 1 and Stage 2 Archaeological Assessments. The Stage 2 report did not identify any significant archaeological resources. The reports have been reviewed to the satisfaction of the City and the Ministry of Tourism Culture and Sport to ensure that the development is consistent with the PPS in addressing archaeological potential and significant archaeological resources. Section 3 (Natural Hazards) requires that development is generally directed to areas outside of hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. The recommended official plan amendment, zoning bylaw amendment and draft plan of subdivision conditions include policy, provisions and requirements that ensure that natural hazards are avoided through the proposed development and is therefore consistent with the intent of the PPS. In summary, the proposed development is consistent with the intent of the PPS, including policies that relate to residential development in rural areas, the provision of housing, infrastructure, transportation, recreation/open space, protection of resources (natural heritage and cultural heritage), avoidance of natural hazards and avoidance of impacts on agricultural lands. Official Plan The subject property is designated Rural and Environmental Protection Area on Schedule 3-C of the City of Kingston Official Plan (Exhibit F Current Official Plan designations). The predominant use within the Rural designation is agricultural uses and agriculture-related uses. In addition, sports and outdoor recreation activities and detached dwellings are also permitted, in accordance with Section , and that are compatible with adjacent land uses. Rural Area is defined in the Official Plan as lands that are located outside settlement areas, and which are outside prime agricultural areas. The analysis throughout this report affirms that this development is viable for the subject lands in a manner that does not compromise resource protection or environmental objectives of the Rural Area. The Environmental Protection Area recognizes lands that have inherent environmental sensitivity. The goal of the designation is to preserve the ecosystem role that Environmental Protection Areas play in sustaining the natural heritage system of the City and the broader region. The applicant requested to amend the designation on the lands to an Estate Residential designation within the Official Plan. Section of the Official Plan states that approval of new areas of estate residential development is strongly discouraged and, upon review of the following criteria, may be prohibited. Any proposal to expand or designate new estate residential 124

14 Report to Planning Committee Report Number PC January 7, 2016 Page 14 of 26 areas requires an amendment to this Plan, rezoning and a plan of subdivision. All applications are required to demonstrate conformity to the following ten (10) criteria: a. Estate residential development must be limited in scale, both in the context of the amount of development in the municipality as a whole and in the context of specific proposals for individual sites: o The proposed development consists of 12 residential lots which represents a smaller scale development within the City-wide context and within an area where development opportunities are limited. Within the wider context, Section of the Official Plan notes that the municipal population is expected to grow by 15,900 persons by 2026 and will require 13,300 new residential units to accommodate the projected growth. Within this context, the proposed development represents a small, limited contribution towards achieving the overall target. Within the context of a specific proposal, all aspects of the technical analysis of the applications have confirmed that the scale of development is appropriate, as the development size and pattern has been demonstrated to be compatible and that potential adverse effects can be successfully mitigated. b. The site has tree cover, varied topography or other interesting landscape characteristics suitable for residential development and these qualities are preserved in the proposed development: o The site is primarily flat, with treed areas along the shoreline and interior hedgerows. The recommendations for the applications incorporate protection of features as elements to be incorporated and enhanced within the development. These measures of protection include setbacks and buffers. The buffer area is recommended to be augmented through additional trees being added by the owner through a landscape plan. A public waterfront park is included in the development that will incorporate a naturalized and enhanced 30 metre buffer. The lots that abut the Rideau Canal are recommended to have a metre setback from the high water level/maximum recorded water level. The waterfront location of the property will contribute to the aesthetic quality and the recreational amenity of the proposed development. c. The open space amenity is preserved by clustering residential lots and protecting the natural heritage system from development: o The technical reports submitted with the application, the resulting review by the City and agencies and the recommendations in this report propose an approach to this development that ensures the protection of the natural heritage system. A portion of the waterfront lands will be dedicated to the City for use as public open space with a protected naturalized buffer. Each lot is of a size that will also protect natural areas. d. The distance from the urban area is sufficient to ensure that there are no future demands for extension of municipal water or sewer services and the City is satisfied that there will be no other undue financial demands on the municipality: o The twelve residential lots will be serviced by individual private well and septic services. The proposed development is at a distance from the urban serviced area 125

15 Report to Planning Committee Report Number PC January 7, 2016 Page 15 of 26 such that the extension of municipal services has been ruled out as an option to service the lands. e. The soil and groundwater conditions are capable of supporting necessary individual onsite water and sewage services with no adverse effects on the proposed development lands, adjacent lands or on the surface water system as demonstrated by an engineering and hydrogeological report to the satisfaction of the City, Health Unit and Ministry of Environment, as appropriate: o A Hydrogeological Study and Terrain Report was submitted with the applications to evaluate the suitability of the lands to accommodate the proposed private services. The Hydrogeological Study was the subject of a Peer Review. All of these reports have been reviewed to the satisfaction of the City and the local Health Unit and the recommended draft conditions include requirements that are required to be fulfilled prior to Final Plan of Subdivision approval. f. Access is from a public road that has been assumed by the City: o Currently, the municipally assumed portion of Isle of Man Road ends where it transitions to Isle of Man Lane. The development of the subdivision will include the upgrading of the private road to provide public road access to the entire subdivision. Lot 6 contains existing development and is proposed to have access to Street A via a proposed relocated registered right-of-way. The recommended official plan amendment includes a site-specific policy area for lot 6 to permit it to have access to a public street by way of a registered right-of-way/easement. This right-of way will also provide continued access to lands to the north. g. In areas that abut a watercourse or water body, all setbacks are those set out in the Official Plan or such additional setback as may be determined through consultation with the Cataraqui Region Conservation Authority (CRCA), or as established in the implementing zoning by-law: o In accordance with the submitted Environmental Impact Assessment and resulting from the technical review process of the subject applications, the zoning incorporates a minimum metre setback from the high water level or maximum recorded water level of the Rideau Canal. The recommended zoning provisions for the protection of the relocated watercourses include a minimum 5 metre setback for development on both sides. This approach has been included in the recommendation through consultation with the CRCA and is supported by the applicant. h. Where estate residential development is proposed on adjacent lands to the Rideau Canal, it does not impact upon the natural heritage system or cultural heritage resources of that setting: o The subject lands abut Colonel By Lake/River Styx, which is part of the Rideau Canal system, a cultural heritage resource that has been designated as a UNESCO World Heritage Site, a Canadian Heritage River and a National Historic Site. The applicant submitted both a Heritage Impact Statement (HIS) and an Environmental Impact Assessment (EIA) to assess any potential adverse impacts from a cultural heritage and a natural heritage perspective and to make recommendations on mitigation 126

16 Report to Planning Committee Report Number PC January 7, 2016 Page 16 of 26 measures to address such impacts. The proposed development includes a minimum metre water setback, where the first 30 metres is to be maintained as a no cut buffer. The draft conditions include a recommendation for a landscape plan within this setback area to augment the existing vegetation to provide additional visual buffering, which will in turn further improve the environmental buffer. The recommendations of the applicant s HIS include the identification of cultural heritage value on the site including the existing farmhouse which is recommended for consideration of formal protection under the Ontario Heritage Act. i. The minimum lot area is 1.0 hectare, or as may be determined by the above criteria, as applied to the site, and established in the implementing zoning by-law: o Eleven of the twelve proposed lot sizes meet this minimum threshold, which is reinforced through the recommended zoning amendment. Lot 6 has existing residential development and has constraints in terms of achieving the minimum lot area. The proposed lot area of Lot 6 is 0.91 hectares, which has been recognized through the recommended provision for minimum lot area for Lot 6. The technical analysis for the private servicing of Lot 6 has determined that the proposed lot area is sufficient. j. The area of influence in proximity to any Mineral Resource designation and the minimum distance separation formulae in proximity to livestock operations must be met: o No on-site or nearby mineral resource or livestock operations impose impacts on the development potential of the site. Section outlines the information that is required to be included on proposed plans of subdivision that accompany an official plan amendment to permit an estate residential development or the extension of an existing estate residential area. The plan submitted in this circumstance must indicate: a. Detailed topographic information: o The application submission includes topographical data. b. The location of all proposed buildings (or building envelopes) and all proposed individual on-site water and sewage services: o The Draft Plan includes the building envelopes of each lot and the location of buildings and on site services, including land identified on each proposed lot for both a primary and a replacement septic system. c. The location of all existing and all retained landscape features within the site as well as beyond the site, adjacent to its perimeter: o The application submission includes this information in the supporting studies and is represented on the Draft Plan through the identified setbacks for areas adjacent to natural areas. 127

17 Report to Planning Committee Report Number PC January 7, 2016 Page 17 of 26 d. The location of all proposed roads and utilities: o The roads are shown on the submitted Draft Plan. The utilities will be included as part of a composite utility plan submitted at the future detailed design stage of this project. Section 2 captures the long-term vision and policy of the municipality with respect to strategic sustainable development. As per Schedule 2 of the Official Plan, the subject lands are located within the Country Area. Section limits growth within the Country Area. The policy states that the natural assets, functions and occupations that contribute to the general sustainability of the City as a whole will be supported through the following measures: a. The protection of groundwater sources: o A Hydrogeological Study was submitted in support of the applications and a Peer Review of the Study was completed. The study and peer review have been reviewed and staff have confirmed that appropriate potable well water sources and subsurface conditions are present and in accordance with the regulations of the Ministry of Environment. b. An ecosystem approach to protecting the natural heritage system: o The Environmental Impact Assessment and associated Peer review have been completed to ensure that appropriate mitigation is being implemented to protect the ecological functions of the significant natural heritage features on and adjacent to the site. Setbacks have been recommended to implement this protection. The recommended setbacks from the relocated watercourses also contribute to the protection of the watercourses from a natural heritage perspective. c. The protection of surface water features, including inland lakes and rivers, Lake Ontario and the St. Lawrence River: o The Cataraqui Region Conservation Authority has reviewed the applications to ensure the protection of the surface water quality of the watercourses that traverse the subject lands. The recommended zoning provisions include a minimum 5 metre setback on both sides for development. The Rideau Canal is protected through a minimum metre setback, with 30 metres inland from the shoreline protected through the zoning provisions as a no-cut area. A landscape plan for the enhancement of the natural vegetation of the lands abutting the canal is a recommended condition of draft plan approval. Once implemented, the planting of additional native species in this area will assist in further protecting water quality. d. The extraction of mineral mining operation sites, which must occur in a manner that is sensitive to the existing uses in the general area and in accordance with appropriate provincial legislation: o The subject lands are not located in a mineral resource extraction area. e. Limiting the types of permitted development to those that support a resource based local economy and sustainable practices: o The scale of the proposed subdivision, its relative neutrality in terms of its impact on servicing and its protection of the existing natural heritage features all contribute 128

18 Report to Planning Committee Report Number PC January 7, 2016 Page 18 of 26 sustainable components to the development. The future residents have the potential of supporting the surrounding rural economy. f. Promotion of agricultural opportunities, practices and alliances that enhance agricultural employment, local food production and distribution: o The subject site and adjacent lands are not identified as a prime site for agricultural production. Section is a policy to affirm the role of Country Areas within the overall structure of the City. The policy advises that these areas play a critical role in protecting the rural values and rural community of the City and sustain natural heritage features and areas that are important to the ecosystem of the entire City. Country Areas provide for the integration of limited new development on lands deemed appropriate due to lower soil capability for agriculture and limited impact on adjacent agricultural operations. Section 2.3 (Principles of Growth) states that planning for Country Areas must balance the resource protection objectives for agriculture, aggregates and minerals with the environmental objectives of the natural heritage features and areas and watershed management and the social objectives of protecting rural communities and the rural way of life. The subject lands are in the area with existing rural residential development and are not located in an area of prime agricultural or mineral resource designations. The proposed development incorporates appropriate measures to ensure the protection of natural heritage features on and adjacent to the site. Land Use Compatibility is addressed through Section 2.7 of the Official Plan, with Section stating that only proposed land use changes that are compatible, or can be made compatible, with surrounding land uses and land use designations will be approved. The proposal meets the following policy tests outlined under Section (adverse effects): The proposed development does not produce adverse shadowing or loss of privacy; The proposed use is residential and therefore noise levels are not expected to adversely impact adjoining uses; The proposed development of 12 lots is not expected to result in an adverse effect on the existing transportation network, the primary adjacent artery is Highway 15, a provincial highway and a Traffic Impact Study is included as a recommended condition of draft plan of subdivision approval; Environmental impacts have been assessed and mitigated to the satisfaction of the City, CRCA and MNRF; The protection of the adjacent cultural heritage resource has been reviewed to the satisfaction of the City and Parks Canada with mitigation measures included in the recommendation of this report. Views from the water are maintained through a metre setback with this buffer being enhanced through additional tree plantings; and The proposed development includes a waterfront public park, which will provide public access to use the amenity of this culturally and naturally significant area recreationally. As the proposed development abuts the Rideau Canal, the policies of Section 3.10.A UNESCO World Heritage Designation are applicable. The designation is an overlay that applies to