City of Kingston Report to Planning Committee Report Number PC

Transcription

1 To: From: Resource Staff: Date of Meeting: Subject: Executive Summary: City of Kingston Report to Planning Committee Report Number PC Chair and Members of Planning Committee Lanie Hurdle, Commissioner, Community Services Paige Agnew, Director of Planning, Building & Licensing Services Comprehensive Report Applications for Draft Plan of Subdivision, Official Plan Amendment & Zoning By-Law Amendment 2611 Isle of Man Road File Numbers D , D & D Applicant B.C. Limited Agent IBI Group Incorporated This is a comprehensive report to recommend approval to Planning Committee for an application for official plan amendment, zoning by-law amendment and Draft Plan of Subdivision submitted by IBI Group Incorporated, on behalf of B.C. Limited, for the property located at 2611 Isle of Man Road. The property is designated Rural and Environmental Protection Area in the City of Kingston Official Plan and zoned Holding Special Restricted Rural A1-60-H, Holding Special Highway Commercial CH-12-H and Environmental Protection area EPA zones in Zoning By-Law Number of the former Pittsburgh Township. The application for Draft Plan of Subdivision proposes twenty-nine (29) 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 an Estate Residential, Open Space and Environmental Protection Area designations. The zoning amendment seeks to establish site specific Estate Residential ER, site specific Open Space OS and site specific Flood Plain zones. Further amendments to the proposed zone provisions 350

2 Page 2 of 46 with respect to height, setbacks and marine facilities as prohibited uses have been incorporated into the recommendation to ensure the implementation of various technical studies addressing natural hazard avoidance, natural heritage protection and cultural heritage protection. A Public Meeting with respect to this application was held on April 19, 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 ), submitted by IBI Group Incorporated, on behalf of B.C. Limited, for the property municipally known as 2611 Isle of Man Road, be approved; and That the City of Kingston Official Plan, as amended, be further amended as follows: 1. The Official Plan for the City of Kingston is hereby amended by the following map changes which shall constitute Amendment Number 36 to the Official Plan for the City of Kingston. (a) Amend Schedule 3-C, Land Use, of the City of Kingston Official Plan, so as to designate the lands located at 2611 Isle of Man Road, as shown on Schedule B to By-Law Number from Rural and Environmental Protection Area to Estate Residential, Open Space and Environmental Protection Area ; (b) Remove Section ; (c) Remove Site Specific Policy Area Number 33 on Schedule 3-D of the Official Plan; and That the by-law be presented to City Council for all three readings; and That the application for zoning by-law amendment (File Number D ), submitted by IBI Group Incorporated, on behalf of B.C. Limited, for the property located at 2611 Isle of Man Road, be approved; 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 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 follows: 1.1. That Zoning Schedule A, Map 1 of Zoning By-Law Number 32-74, as amended, is hereby further amended by changing the zone symbol of the subject site from A1-60-H, 351

3 Page 3 of 46 CH-12-H to ER-12, FP-6, OS-15, OS-16 and OS-17 as shown on Schedule A attached to and forming part of By-Law Number That the following be added as Section 22A(3)(f) of the by-law: (f) Special Requirements (FP-6) Notwithstanding any provisions of Section 22A of the by-law to the contrary, the lands zoned FP-6 on Schedule A attached hereto shall be used for no purpose other than a conservation use or public use. Structures and/or marine facilities (including but not limited to boathouses and/or docks) are prohibited That the following be added as Section 7(3)(l) of the by-law: (l) Special Requirements (ER-12) Notwithstanding any provisions of this by-law to the contrary, on the lands zoned ER-12 on Schedule A attached hereto, the following provisions shall apply: (i)uses Permitted No person shall within any ER-12 zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: (a) Residential Uses a detached single unit dwelling house (b) Non-Residential Uses a home occupation a public use (ii) Prohibited Uses: (a) marine facilities (including but not limited to boathouses and/or docks) (iii) Zone Provisions (a) For lots with dual zones that include the FP-6 zone, the combined area of the two zones shall be used for the purpose of calculating minimum lot area and minimum lot frontage (b) Lot Area (minimum): 1.0 hectare (c) Lot Frontage (minimum): 50 metres 352

4 Page 4 of 46 (d) Front Yard Depth (minimum): 15 metres (e) Exterior Side Yard Width (minimum): 15 metres (f) Interior Side Yard Width (minimum) (i) For lots with one interior side yard abutting the FP-6 zone: the interior side yard setback shall be a minimum of 15 metres from the FP-6 zone and 3 metres where the interior side yard does not abut the FP-zone. The minimum setback of 15 from the FP-6 zone shall also apply to accessory structures. (ii) For lots that do not have interior side yards that abut the FP-6 zone, the interior side yard(s) shall be a minimum of 6 metres each. (g) Rear Yard Depth (minimum): 15 metres, except for rear yards that include the FP-6 zone, where the minimum rear yard setback shall be 15 metres from the FP-6 zone. (h) Height of Building (maximum): 12 metres (i) (j) No structures shall be located closer than 40 metres from the high water mark of Colonel By Lake, defined as metres G.S.C. The first 30 metres inland from the high water mark of Colonel By Lake, defined as metres GSC shall be maintained as a no cut buffer area within which there is no disturbance of the soil mantle or vegetation cover. (k) No structures shall be located closer than 15 metres from the FP-6 zone. (l) No structures shall be located closer than 30 metres from the OS-15 zone. (m) Maximum Building Height: 10.5 metres. 1.4 That the following be added as Section 22(3)(o), Section 22(3)(p) and Section 22(3)(q) of this by-law: (o) Special Requirements (OS-15) Notwithstanding any provisions of this by-law to the contrary, the lands zoned OS- 15 on Schedule A attached hereto shall be used for no purpose other than a conservation use. Structures and/or marine facilities (including but not limited to boathouses and/or docks) are prohibited. (p) Special Requirements (OS-16) 353

5 Page 5 of 46 Notwithstanding any provisions of this by-law to the contrary, the lands zoned OS- 16 on Schedule A attached hereto shall be used for no purpose other than a public pathway or public park in accordance with the following provisions: (i) No structures shall be located closer than 15 metres from the FP-6 zone. (ii) Marine facilities (including but not limited to boathouses and/or docks) are prohibited. (q) Special Requirements (OS-17) Notwithstanding any provisions of this by-law to the contrary, the lands zoned OS- 17 on Schedule A attached hereto shall be used for no purpose other than a tree protection area, excluding any buildings and excluding any marine facilities (including but not limited to boathouses and/or docks); and That the by-law be presented to City Council for all three readings; and That the application for Draft Plan of Subdivision (File Number D ), submitted by IBI Group Incorporated, on behalf of B.C. Limited, for the property municipally known as 2611 Isle of Man Road, be approved subject to the following conditions: 1. Approved Draft Plan: That this approval applies to the Draft Plan of Subdivision, prepared by IBI Group Incorporated, dated May 7, 2015 which shows the following 9 bullets: 29 residential lots (Lots 1-29); 3 blocks for natural open space (Blocks 33, 34, and 38); 2 blocks for parkland dedication (Blocks 31 and 32); 1 block for environmental protection (Block 37); 1 block for stormwater management (Block 36); 1 block for road widening purposes (Block 43); 4 blocks for 0.3 metre reserves (Blocks 39, 40, 41 and 42); 4 blocks for daylighting triangles (Blocks 35, 44, 45 and 46); and 2 new roadways (Roads A and B : Block 30). 2. Streets and Civic Addressing: (a) That the road allowances included in this plan shall be shown and dedicated as public highways. (b) That the road allowances within the plan shall be designed in accordance with the Municipality s engineering standards and shall be dedicated to the Municipality free of all charge and encumbrances. The streets, lots and blocks shall be designed to coincide with the development pattern on adjacent properties. 354

6 Page 6 of 46 (c) That prior to final approval, the Owner shall submit proposed street names for approval by the Planning Division and shall be included on the first submission of the engineering drawings. The streets within this plan shall be named to the satisfaction of the City, in consultation with the Planning Division, in accordance with the City s Civic Addressing and Road Naming By-Law. (d) That prior to final plan approval, the owner shall provide confirmation that civic addresses have been assigned to the proposed lots and blocks by the City s Planning Division, in accordance with the City s Civic Addressing and Road Naming By-Law. The Owner shall be advised that the civic addresses are tentative until such time that the final plan is registered and the final lot layout has been confirmed. (e) For lots with more than one road frontage, the lots will be addressed on the road frontage on which primary vehicular access is situated. Prior to applying for a building permit the owner shall confirm with the Planning Division the appropriate road frontage where primary vehicular access is to be provided and shall confirm the approved civic address in order to comply with the City s Civic Addressing and Road Naming By-Law and emergency response requirements. (f) That prior to final plan approval, the owner shall deed to the Municipality Blocks 35, 44, 45 and 46 as daylighting triangles. (g) (h) (i) Any dead end or open side of a road allowance within the plan shall be terminated in a 0.3 m reserve to be conveyed to the Municipality free of all charges and encumbrances. That the owner shall agree that the location and design of any construction access shall be approved by the Municipality and/or the appropriate authority. Prior to execution of the subdivision agreement or pre-servicing agreement the owner agrees to provide a video inspection and analysis of the structural integrity of Isle of Man Road from Highway Number 15 to the entrance to the subdivision provided by a third party geotechnical firm. Prior to issuing Final Certificate of Approval of the Works the City will determine if repairs to Isle of Man Road are required. In the event of a disagreement between the City and the owner, a second geotechnical analysis we be required to determine any corrective measures. All costs for studies and repairs will be the responsibility of the developer. 3. Reserves and Easements: (a) That a 0.3 metre reserve will be required on Lots 1, 20, 21 and 29 along the property line with Isle of Man Road, as per Blocks 39, 40 and 41 and 42. (b) That any dead ends and open sides of the road allowances created by this plan shall be terminated in 0.3 metre reserves to be conveyed to, and held in trust, by the Municipality. 355

7 Page 7 of 46 (c) (d) That such easements as may be required for utility or drainage purposes shall be granted to the appropriate authority free of all charges and encumbrances. That Prior to Final Plan Approval, a plan of survey (reference plan) be completed for the watercourses to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority which identifies each half of the watercourse (as it is to be divided equally between the abutting land owners) as a separate part on the plan of survey. The plan of survey will also identify an easement to be registered in favour of the Municipality for maintenance purposes for the channel width of the watercourses, plus sufficient area on each side for maintenance access. The plan of survey (reference plan shall also identify the approximately 0.53 hectare area of locally significant wetland to be conveyed as part of Lot Restrictive Covenants: (a) That the subdivision agreement will include clauses with respect to Lots 9 through 20 as shown on the draft plan prepared by IBI Group Incorporated, dated May 7, 2015 requiring a restrictive covenant registered on title. The restrictive covenant shall detail recommendations of the EIS (Ecological Services, September 8, 2011) with respect to the following: (i) That the lots abutting Colonel By Lake (Gibraltar Bay) are water view lots with a minimum 40 metre setback from the highwater mark of Colonel By Lake and the maintenance of a 30 metre no-cut area within the setback. Marine facilities (including but not limited to boathouses and/or docks) are prohibited. 5. Financial Requirements: (a) (b) (c) (d) That the Owner agrees in writing to satisfy all the requirements, financial and otherwise, of the Municipality concerning all provisions of municipal services but not limited to including fencing, lighting, landscaping, sidewalks, roads, installation of underground services, provisions of drainage and noise mitigation where required. That Prior to Final Plan Approval, the owner shall submit for the Municipality s approval a detailed breakdown of the construction costs for the works associated with the development of this plan, including any cash surcharges or special levies. The construction costs shall be prepared and stamped by a professional engineer. The cost estimate shall be submitted in the Municipality s standard format for incorporation into both the Pre-Servicing and Subdivision Agreements. That the Owner shall bear the expense of all off site works resulting from the approved public works design where such works are not subsidized under the policies and bylaws of the Municipality. That the Owner agrees to reimburse the Municipality for the cost of any Peer Reviews of the Studies/Reports submitted in support of the proposed Plan of Subdivision. 356

8 Page 8 of Subdivision Agreement: (a) (b) (c) (d) (e) (f) (g) That the owner shall enter into the Municipality s standard Subdivision Agreement which shall list all approved plans and municipal conditions as required by the Municipality for the development of this plan. The Subdivision Agreement between the owner and the Municipality be registered against the lands to which it applies once the Plan of Subdivision has been registered. That the Subdivision Agreement shall contain all necessary warning clauses and notices to purchasers resulting from, but not necessarily restricted to, the design and provision of services, including the requirement to provide and maintain private site specific works as necessary. That the owner agrees in writing through provisions of the subdivision agreement to satisfy all the requirements, financial and otherwise, of the City of Kingston concerning all provisions for municipal services. That the subdivision agreement between the City of Kingston and the owner contain all necessary notices to purchasers resulting from, but not necessarily restricted to, the design and provision of services, including the requirement to provide and maintain private site specific works as necessary. That the Subdivision Agreement include text to the satisfaction of the City and Parks Canada notifying the owner that permission from Parks Canada will be required in accordance with Parks Canada s Policies for In-Water and Shoreline Works and related activities prior to the commencement of any in-water and shoreline work on lots 9 through 20 inclusive and blocks 33, 34, 37, 38. No cleanup or removal of stumps, tree branches living or dead will be permitted in the water. Such activities would be considered a harmful alteration of fish habitat contrary to the provisions of Section 35 of the Canada Fisheries Act. That the Subdivision Agreement include text to the satisfaction of the City, the CRCA and Parks Canada advising subsequent purchasers about the requirement to maintain buffer areas adjacent to Gibraltar bay, the watercourses and the unevaluated wetland in a natural, undisturbed state. 7. Engineering Drawings: (a) That prior to final plan approval, the owner shall submit for approval, subdivision design drawings, including design plans for all public works and services, prepared and certified by a Professional Engineer and designed pursuant to the Municipality s Subdivision Design Guidelines and to the satisfaction of the Municipality. Such plans are to form part of the Subdivision Agreement. 357

9 Page 9 of 46 (b) That prior to final plan approval, the owner shall submit a digital listing of the approved subdivision design drawings in the Municipality s standard format for incorporation into the Pre-Servicing and Subdivision Agreement. 8. Revisions to Draft Plan: (a) (b) (c) That any further subdivision of Blocks or additional road patterns on the Plan shall be completed to the satisfaction of the Municipality. That prior to final plan approval of any part of the plan, the owner shall submit a revised Plan, if required, to reflect any significant alterations caused from this Draft Plan Approval. That where final engineering design(s) result in minor variations to the plan (e.g. in the configuration of road allowances and lotting, number of lots, etc.), these may be reflected in the Final Plan to the satisfaction of the Municipality. 9. Phasing: (a) (b) That Final Plan Approval for registration may be issued in phases to the satisfaction of the Municipality, subject to all applicable fees. That the phasing of the development shall be reflected in the Subdivision Agreement and on the approved subdivision design drawings to the satisfaction of the Municipality, taking into account the temporary termination of underground services, interim grading, interim stormwater management, operations and maintenance vehicle access and access for emergency services. (c) That the phasing of the development shall be proposed in an orderly progression, in consideration of such matters as the timing of road improvements, infrastructure, schools and other essential services. (d) That all agencies agree to registration by phases and provide clearances, as required, for each phase proposed for registration; furthermore, the required clearances may relate to lands not located within the phase sought to be registered. 10. Zoning By-Law Compliance: (a) (b) That the lands within this draft plan shall be appropriately zoned by a zoning by-law which has come into effect in accordance with the provisions of the Planning Act. That Prior to Final Plan Approval, the owner shall submit a Surveyor s Certificate which confirms that the lots and blocks within this plan conform to the minimum lot frontage and lot area requirements of the applicable zoning by-law. 358

10 Page 10 of Required Studies: (a) (b) That prior to final plan approval, the owner shall submit a Geotechnical Study, certified by a Professional Engineer, to the satisfaction of the Municipality. The recommendations of the Geotechnical Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the owner agrees to implement the study recommendations to the satisfaction of the Municipality. That prior to final plan approval, the owner shall demonstrate that the soil and groundwater quality of the property is compatible with a residential land use as defined by the generic criteria listed within the Guideline for Use at Contaminated Sites in Ontario (MOE, rev. 1997). The acceptable method for this demonstration would be a Phase II Environmental Site Assessment (ESA) performed in accordance with CSA standard Z and any required follow up investigations (Phase II ESA) or remediation. The recommendations of the study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the owner agrees to implement the study recommendations to the satisfaction of the Municipality. Should site remediation be required to meet the applicable soil and ground water criteria set out in applicable guidelines, the owner shall submit to the Municipality prior to final plan approval, a copy of the Record of Site Condition acknowledged by a Provincial Officer of the Ministry of the Environment. The owner shall provide a certificate by a qualified professional that all lands within the plan and any lands and easements external to the plan to be dedicated to the Municipality, meet the applicable soil and ground water criteria. (c) (d) (e) That prior to final plan approval, a Stormwater Management Report and implementing plans for the development shall be prepared by a qualified Professional Engineer, to the satisfaction of the Municipality and Cataraqui Region Conservation Authority. Such plans shall be included in the Subdivision Agreement. The owner shall carry out the recommendations of the report, at his expense, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority. That prior to final plan approval, the owner shall submit a detailed Noise Impact Study prepared to the satisfaction of the Municipality and the Ministry of Environment. The recommendations of the study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the owner agrees to implement the study recommendations to the satisfaction of the Municipality. That prior to final plan approval and/or any proposed modifications to the watercourses on the subject lands, a hydrologic and hydraulic analysis prepared by a qualified Professional Engineer and approved to the satisfaction of the city and the Cataraqui Region Conservation Authority. 359

11 Page 11 of 46 (f) (g) (h) That a restoration plan for the modified watercourses and associated buffer lands be prepared by the proponent, approved to the satisfaction of the City and the CRCA, and that appropriate text to implement the plan be included in the Subdivision Agreement. That a Shoreline Stabilization Plan be prepared by the proponent and approved by the City, approved by the CRCA, executed through a permit under Ontario Regulation 148/06: Development, Interference with Wetlands, and Alterations to Shoreline Works and Related Activities, prior to the commencement of development and site alteration (including but not limited to stockpiling, filling, grading, buildings and structures) on each of the lots and blocks. The agreement shall also include text advising subsequent purchasers and/or owners of this requirement. That prior to final plan approval, the owner shall submit an addendum to the Heritage Impact Assessment in conjunction with the Landscape Plan required as per condition 16 to assess any residual adverse impacts, the implementation of the conservation objectives of the original Heritage Impact Study (IBI Group, December 7, 2011) and Heritage Impact Study Addendum (IBI Group, December 22, 2011) and a further consideration of the feasibility of incorporating the existing fieldstone on the subject lands. 12. Archaeological Assessment: (a) (b) (c) That the Subdivision Agreement shall contain provisions that 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 Culture & Sport ( ) and the City of Kingston Planning Division ( extension 3180) must be immediately contacted. That the Subdivision Agreement shall contain provisions that 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 Culture ( ), and the City of Kingston Planning Division ( extension 3180) must be immediately contacted. That prior to final plan approval, the owner shall submit documentation of the excavation recommended in the Stage 4 Archaeological Assessment (Ground Truth Archaeology, July 27, 2011) to the City s Planning, Building & Licensing Services Department for City records. 13. Stormwater Management: (a) That prior to final plan approval, Block 36 shall be deeded to the Municipality for Stormwater Management purposes. 360

12 Page 12 of 46 (b) (c) That prior to final plan approval, the owner shall submit lot grading and drainage plans, and erosion and sediment control plans prepared by a qualified Professional Engineer for the owner, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority. The approved plans shall be included in the Subdivision Agreement between the owner and Municipality. Prior to final plan approval and prior to any works commencing on the site, the owner shall submit for approval by the Municipality, the Cataraqui Region Conservation Authority (CRCA) and the Ministry of Transportation (MTO), detailed engineering report(s) that describes the storm drainage system for the proposed development, which shall include: i) Plans illustrating how this drainage system will be tied into the surrounding drainage systems, and indicating whether it is part of an overall drainage scheme, the design capacity of the receiving system and how external flows will be accommodated; ii) The location and description of all outlets and other facilities; iii) Storm water management techniques which may be required to control minor and major flows; iv) Proposed methods of controlling or minimizing erosion and siltation on-site and in downstream areas during and after construction; v) Overall grading plans for the subject lands; and vi) Storm water management practices to be used to treat storm water, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to fish and their habitat. The owner shall contact MTO to determine any additional requirements for the detailed stormwater management reports and plans required as part of the Final Plan of Subdivision Review. (d) (e) (f) That the owner shall agree to maintain all storm water management and erosion and sedimentation control structures operating and in good repair during the construction period. The subdivision agreement between the City and the owner shall make provision for the owner to carry out the recommendations of the Final Storm Water Management Report, at his expense, to the satisfaction of the City of Kingston and the Cataraqui Region Conservation Authority. That Prior to final plan approval, text shall be included in the Subdivision Agreement between the owner and Municipality, to the satisfaction of the Cataraqui Region Conservation Authority, notifying the owner of the requirement to obtain a permit under Ontario Regulation 148/06: Development Interference with Wetlands and Alterations to Shorelines and Watercourses from the Cataraqui Region Conservation Authority, prior to the commencement of development and site alteration (including but not limited to stockpiling, filling, grading, buildings and structures) on each of the lots and blocks. 361

13 Page 13 of 46 The agreement shall also include text advising subsequent purchasers and/or owners of this requirement. 14. Hydrogeological Requirements: (a) (b) (c) (d) That prior to final plan approval, the owner shall provide a letter containing notification of the measured concentrations of sodium to the Medical Officer of Health. Wells constructed for the development should target the deeper water bearing zone (on the order of 35 metres below grade), with due consideration for specific conditions at the time and location of drilling and for the experience of the licensed driller constructing the wells. The locations of the groundwater wells and septic infiltration beds should be jointly determined to result in the groundwater wells being located hydrogeological upgradient to the septic beds and with the goal of creating the maximum separation distance practical. Drinking water treatment systems should be installed to disinfect the water and help ensure the long term safe yield of the drinking water supply. 15. Parkland Conveyance/Open Space/Environmental Protection Areas: (a) (b) (c) That the owner shall dedicate 5% of the total development site area, not including lands designated as Environmental Protection Area, to the Municipality for functional park or other public recreational purposes in a combination of land conveyance and Cash-in-Lieu (C-I-L) of conveyance. The Parkland dedication requirement is 2.00 hectares and shall be confirmed prior to Final Subdivision approval. The C-I-L shall be determined by appraisal, valued as of the day of Draft Plan approval, and payable prior to Final Subdivision approval. The C-I-L may be reduced in accordance with the Parkland Dedication By-Law, should amendments to the by-law, permitting such reductions, be passed by City Council prior to the final plan approval. That the owner shall deed Blocks 31 and 32, approximately 1.6 hectares in area, to the Municipality as parkland. That lands to be conveyed to the Municipality for park or other public recreational purposes shall be subject to the following conditions: (i) (ii) That all lands shall be left in an untouched, natural state. All existing vegetation is to remain within the limits of the park site, including any significant trees at the property line. Existing grades/elevations are to be maintained at the property lines and within the park itself unless approval for site alteration is received in writing from the Manager of Parks Development or designate; That prior to assumption of the park, the Manager of Parks Development shall be in receipt of a clearance memo from the Manager of Environment indicating that 362

14 Page 14 of 46 the park site and other deeded public lands, as described within, are environmentally suitable for their intended use; (iv) That the Owner shall enter into a Site Access Agreement with the Municipality to permit City staff to access the park site to complete pre-engineering, survey and design works for the park. This Agreement shall terminate once the Municipality is deeded the land as part of Final Plan Approval; (v) That prior to the commencement of any clearing, grubbing or construction work within 10 metres of the park blocks defined on the Draft Plan, the owner shall: 1. Install snow fencing around the periphery of the park site to protect the site. The Municipality will be responsible for the maintenance of the fence and its removal; 2. Post signage to Municipality specifications, on all accessible sides of each park block, which indicates: the future use of the block as a park; that no construction storage shall occur on this parcel of land nor shall any construction debris be dumped on this site; and that all trees and other vegetation must not be disturbed; (vi) That prior to the transfer of deeds for the parkland to the Municipality, the Manager of Parks Development or designate shall inspect the park site to ensure that the park is in a clean/natural state. The conditions on the site must be satisfactory to the Director, Recreation & Leisure Services prior to transfer of title and the removal of the snow fencing. Should the park blocks be in an unsatisfactory state, the owner shall be held responsible for restoring the site to the Municipality s satisfaction. (d) (e) (f) That the owner shall deed Blocks 33, 34, and 38 to the Municipality, without prejudice or compensation, as Natural Open Space lands. Text shall be included in the Subdivision Agreement between the owner and Municipality, to advise all purchasers that these public lands are intended to remain in a naturalized condition and that only risk management practices will be done on the land as required by the Municipality. No regular or periodic maintenance will be done on the subject parcel. That the owner shall deed Block 36 to the Municipality, without prejudice or compensation, as Natural Open Space land for the purpose of storm water management. Text shall be included in the Subdivision Agreement between the owner and Municipality, to advise all purchasers that these public lands are intended to remain in a naturalized condition, for the purpose of providing fish and wildlife habitat and opportunities for passive recreation, and that the lands may be subject to flooding and erosion from time to time. Risk management practices only will only be done on the land. No regular or periodic maintenance will be done on the subject parcel. That the owner shall deed Block 37 to the Municipality, without prejudice or compensation, as Environmental Protection Area land. Text shall be included in the Subdivision Agreement between the owner and Municipality, to advise all purchasers that these public lands are intended to remain in a naturalized condition, for the 363

15 Page 15 of 46 purpose of providing fish and wildlife habitat and opportunities for passive recreation, and that the lands may be subject to flooding and erosion from time to time. Risk management practices only will only be done on the land. No regular or periodic maintenance will be done on the subject parcel. (g) That prior to final plan approval, the owner shall prepare a Landowner Information Package, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority, which shall be distributed to all prospective purchasers and shall be appended to their Agreements of Purchase and Sale or Lease. Text shall be included in the Subdivision Agreement between the owner and the Municipality, to the satisfaction of the Municipality and the Cataraqui Region Conservation Authority, to require a Notice to Purchasers that the Landowner Information Package has been prepared to help affected landowners with compliance with the recommended mitigation measures for the protection of natural heritage features, cultural heritage features and avoidance of natural hazards in the use of their properties. The Landowner Information Package shall be registered on title of the subject property. 16. Landscape Plan: (a) That prior to final plan approval, the owner shall prepare a Landscape Plan for the 30 metre setback area from Gibraltar Bay on lots 9 through 20 and Blocks 33, 34 and 38. The submitted Landscape Plan shall also include an elevation profile and be reviewed to the satisfaction of the City, Cataraqui Region Conservation Authority and Parks Canada. 17. Tree Inventory/Street Trees: (a) Based on the current review of the Tree Inventory (Dogwoods, March 2011), the minimum number of replacement trees for the site is 7. (b) (c) (d) (e) Trees identified in the submitted Tree inventory as being in poor condition should not be candidates for retention except where they have low risk of impacting targets and/or retained for wildlife purposes. A Street Tree Planting plan shall be submitted to the satisfaction of the City as per the Rural cross-section detail found within the Subdivision Development Guidelines as part of the design submission. A Tree Preservation Plan shall be prepared to the satisfaction of the City, Cataraqui Region Conservation Authority and Parks Canada for those trees to be retained. The plan shall include a Tree Protection Fencing detail as per the Guidelines for Tree Preservation and Protection. That prior to any grubbing/clearing or construction on parcels of land not defined as roadways or servicing easements on the draft plan, the owner shall receive final approval from the City and Cataraqui Region Conservation Authority for a Tree 364

16 Page 16 of 46 Preservation plan prepared for the subject lands. The final approved tree inventory plan shall be prepared by a certified arborist (ISA approved), and shall set out the surveyed locations of all trees on the site. The tree inventory shall list the species, caliper size, condition, crown radius and indicate whether the tree is to be retained or removed. If trees 6 inches (150 millimetres) or more in diameter are to be removed from the subject lands, the developer will abide by the conditions of the tree removal permit under the Tree Conservation By-Law which may, at the Supervisor of Forestry's discretion, include a tree preservation plan, a tree replacement plan or cash compensation for the value of the trees to be removed. If the tree is to be removed a rationale for this action must be noted. If significant trees or groups of trees are identified to be retained in the tree inventory, a tree preservation plan will be required prior to final approval at the discretion of the Municipality. This plan shall be reviewed and approved by the Municipality and be included as a schedule to the Subdivision Agreement. Requirements for the tree preservation plan are noted in the subdivision design guidelines produced by the Municipality. (f) That prior to final plan approval, the owner shall submit a Street Tree Planting Plan prepared by a Landscape Architect to the satisfaction of the Municipality. 18. Existing Wells and/or Septic System: (a) That any existing wells and or septic systems that may be present on the site be decommissioned as per all applicable regulations pertaining to each. 19. Kingston and Frontenac Lennox & Addington Public Health Unit Requirements: (a) An updated site servicing plan showing the location of the house, well and sewage system envelopes [primary and alternate], taking into consideration site topography, be prepared and provided to all future purchasers. (b) Primary and alternate sewage system locations are to be reserved and maintained solely for that purpose. No constructions of wells, homes, driveways, pools, garages or other structures is to take place in the primary or alternate area. (c) Existing soil conditions will necessitate the importation of suitable fill for the installation of the sewage system, resulting in fully raised sewage systems. Some lots will require additional fill or extensive site grading to deal with saturated conditions. (d) Lot 1 may be considered a building lot only after site work has established that an area exists for a primary and secondary sewage system location. Evidence of sufficient soil thickness (0.25 metres) must be provided in the proposed sewage system locations. Failing that, the lot will be considered unsuitable for development. It should also be noted that if the current drainage ditch remains, a 15 metre clearance distance must be maintained to the septic system. In addition, the dwelling location and sewage system locations may be quite remote to each other resulting in challenging conditions for 365

17 Page 17 of 46 servicing. The updated site servicing plan must provide this information to perspective purchasers. (e) Lot 29 appears to contain a natural spring on the east side of the lot in the middle, on top of the hill. This area must be avoided when constructing a septic system. (f) As the sewage systems are raised, pumps may be required. (g) Due to the areas of soil saturation in the proposed subdivision, a proper drainage plan will be crucial in the functioning and maintenance of the septic systems, foundation drainage [sump pumps], etc. (h) Deviations from the locations on the updated site servicing plan may require the submission of an engineering report/design and terrain analysis supporting the proposed changes (including potential impact on adjoining properties). 20. Ministry of Transportation: (a) The owner may be required to obtain a sign permit from MTO if seeking to advertise on MTO s Highway 15. (b) That prior to Final Plan Approval, the owner shall prepare detailed a Stormwater Management Report and supporting plans to the satisfaction of MTO. The owner shall consult with MTO on the scope of this requirement. (c) That prior to Final Plan Approval, the owner shall prepare a Traffic Impact Study (TIS) plans to the satisfaction of MTO. The Owner shall consult with MTO on the scope of this requirement. 21. Canada Post - Community Mail Boxes: (a) (b) That prior to Final Plan Approval, the owner shall, in consultation with and to the satisfaction of Canada Post, identify the location of community mail boxes within the Plan, and shall identify such locations on drawings for approval by the City. That prior to Final Plan Approval, the owner shall, in consultation with and to the satisfaction of the City, provide detailed design plans for the community mail boxes including a landscape plan showing street furniture and complimentary architectural features. (c) That prior to Final Plan Approval, the owner shall enter into a Community Mailbox Developer Agreement and pay the Address Activation Fee with Canada Post Corporation for the installation of Community Mail Boxes as required by Canada Post. (d) That the owner shall identify in all offers of purchase and sale, or lease for all lots and blocks within this plan that mail delivery will be provided via a community mail box, provided that the owner has paid for the activation and equipment installation of the 366

18 Page 18 of 46 community mail box, and the locations of all community mail boxes within this Plan. A Notice to Purchasers shall also be included in the Subdivision Agreement to this effect. 22. Bell Canada Requirements: That the owner shall meet the following conditions of Bell Canada: (a) (b) (c) That the owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant Bell Canada any easements that may be required for telecommunications services; That the owner shall be requested to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the Municipality, or if no such conditions are imposed, the owner shall advise the Municipality of the arrangements for servicing; and The developer is hereby advised that prior to commencing any work within the plan, the developer must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the developer is hereby advised that the developer may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the developer elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the developer shall be required to demonstrate to the municipality that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services (i.e. 911 Emergency Services). 23. Hydro One Requirements: (a) (b) That prior to final plan approval, the owner/subdivider shall submit to Hydro One the lot grading and drainage plan, showing existing and final grades, for review and approval. Drainage must be controlled and directed away from the Hydro One corridor. The costs of any relocations or revisions to Hydro One facilities that are necessary to accommodate this subdivision shall be borne by the Owner. 24. Utilities Requirements: (a) The owner shall agree to design, purchase materials and install a street lighting system, compatible with the existing and/or proposed systems in surrounding plans, all in accordance with Municipal standards and specifications. 367

19 Page 19 of Warning Clauses: That the owner shall cause the following warning clauses to be included in a schedule to all offers of purchase and sale, or lease for all lots/blocks within this plan: (a) Within the entire subdivision plan: i. Purchasers and/or tenants are advised that with respect to water quality, there are elevated levels of sodium ; ii. Purchasers and/or tenants are advised that despite the inclusion of noise control features within both the development area and the individual building units, noise levels, including from construction activities, may be of concern and occasionally interfere with some activities of the dwelling occupants ; iii. Purchasers and/or tenants are advised that the proposed finished lot and/or block grading may not meet Municipality of Kingston lot grading criteria in certain areas to facilitate preservation of existing vegetation and to maintain existing adjacent topographical conditions ; iv. Purchasers and/or tenants are advised that traffic calming measures may have been incorporated into the road allowances ; v. Purchasers and/or tenants are advised that the planting of trees on Municipality boulevards in front of residential units is a requirement of the Municipality and a conceptual location Plan is included in the Subdivision Agreement. While every attempt will be made to plant trees as shown, the Municipality reserves the right to relocate or delete any boulevard tree without further notice ; vi. Purchasers and/or tenants are advised that mail delivery will be from a designated community mailbox, the location of which will be identified by the Owner prior to any home closings ; vii. Purchasers and/or tenants are advised that any roads ending in a dead end or temporary turning circle may be extended in the future to facilitate development of adjacent lands, without further notice ; and viii. Purchasers and/or tenants are advised that any trees that are planted should be a minimum of three (3) metres from the septic system. (b) Abutting any open space, woodlot or storm water facility: i. Purchasers and/or tenants are advised that the adjacent open space, woodlot or storm water management facility must be left in a naturally vegetated condition and receive minimal maintenance. (c) Abutting a park block: i. Purchasers and/or tenants are advised that the lot abuts a Park, and that noise and lighting should be expected from the designed active use of the park. 368

20 Page 20 of Model Homes: That where the owner proposes to proceed with the construction of a model home(s) prior to registration of the plan, the owner shall enter into an agreement with the Municipality, setting out the conditions, and shall fulfill all relevant conditions of that agreement prior to issuance of a building permit. 27. General Conditions: (a) That prior to Final Plan Approval, the applicant will submit a detailed account of how each Condition of Draft Plan Approval has been satisfied; (b) That the owner shall pay any and all outstanding application fees to the Planning Division, in accordance with the Municipality s Tariff of Fees By-Law; (c) That when requesting Final Approval from the Municipality, the owner shall accompany such request with the required number of originals and copies of the Final Plan, together with a surveyor s certificate stating that the lots/blocks thereon conform to the frontage and area to the requirements of the zoning by-law; (d) That the owner agrees to remove any driveways and buildings on site, which are not approved to be maintained as part of the plan; any modification to off-site driveways required to accommodate this plan shall be coordinated and completed at the cost of the owner; (e) That the owner shall agree that all lots or blocks to be left vacant shall be graded, seeded, maintained and signed to prohibit dumping and trespassing prior to assumption of the works by the municipality; (f) That the owner shall agree to erect fencing in the locations and of the types as shown on the approved subdivision works drawings and as required by the Municipality; (g) The owner shall agree that no building permits, with the exception of model homes, will be applied for until the Municipality is satisfied that adequate access, potable water and private sub-surface sewage disposal systems have been approved by the City and public health, and storm services have been approved by the City. 28. Clearance Letters: (a) That prior to final plan approval, the approval authority shall advise that all Conditions of Draft Plan Approval have been satisfied; the clearance memorandum shall include a brief statement detailing how each condition has been met. (b) That prior to final plan approval, the Municipality is to be advised in writing by the Cataraqui Region Conservation Authority the method by which Conditions 6(g), 11(c), (e), (f) and (g), 13(b),(c),(e) and (f), 15(g), 16(a) and 17(d) and (e) have been satisfied. 369

21 Page 21 of 46 (c) That prior to final plan approval, the Municipality is to be advised in writing by KFL&A Health Unit the method by which condition 19 has been satisfied. (d) That prior to final plan approval, the City is to be advised in writing by Canada Post the method by which condition 21 has been satisfied. (e) That prior to final plan approval, the Municipality is to be advised in writing by Ontario Hydro the method by which Condition 23 has been satisfied. 29. Lapsing Provisions: (a) That pursuant to Section 51(32) of the Planning Act, this Draft Plan Approval shall lapse at the expiration of three (3) years from the date of issuance of Draft Plan Approval if final approval has not been given, unless an extension is requested by the Owner and, subject to review, granted by the approval authority. (b) That pursuant to Section 51(33) of the Planning Act, the Owner may submit a request to the approval authority for an extension to this Draft Plan Approval. The extension period shall be for a maximum of two (2) years and must be submitted prior to the lapsing of Draft Plan Approval. Further extensions may be considered at the discretion of the approval authority where there are extenuating circumstances. 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 370

22 Page 22 of 46 Options/Discussion: Origin On January 13, 2012, official plan amendment, zoning by-law amendment and draft plan of subdivision applications were submitted by B.C. Limited for the purpose of creating a subdivision consisting at that time of 31 lots. The subject property is designated Rural and Environmental Protection Area in the official plan and subject to Site Specific Policy Area Number 33 and is zoned Holding Special Restricted Rural A1-60-H, Holding Special Highway Commercial CH-12-H and Environmental Protection area EPA zones 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 failure to make a 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 12 lot subdivision at 2130 Isle of Man Lane (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, 2611 Isle of Man Road, staff are satisfied that the technical items have been addressed and are therefore advancing a recommendation on these applications. The application now consists of a proposal for a 29 estate residential lot subdivision including two public roads and open space blocks. The proposed development is to be accessed from Isle of Man Road, a local road. In accordance with By-Law Number , a pre-application meeting between the applicant and various departments and agencies was conducted on April 27, On January 13, 2012 the applications were deemed complete, in accordance with the Planning Act. A public meeting with respect to this application was held on April 19, Site Characteristics The subject site is approximately 41 hectares in size and is located in Parts of Lots 2, 3 and 4, Concession 4 in the Geographic Township of Pittsburgh, City of Kingston and is known municipally as 2611 Isle of Man Road (Exhibit A - Key Map and Exhibit B Aerial Photo). The lands have frontage on Highway 15, Isle of Man Road, Dane Road and an unopened road allowance. The surrounding area consists of the following land uses/water body: North - Gibraltar Bay, which is part of the Rideau Canal System UNESCO World Heritage Site; East primarily rural with sparse residential; 371

23 Page 23 of 46 South Highway 15, rural residential lots and vacant land condominium (Stephentown Creek); and West - Gibraltar Bay, which is part of the Rideau Canal System UNESCO World Heritage Site and proposed plan of subdivision (2130 Isle of Man Lane, files D , D and D ). At the time of submission of the applications in 2012, the lands contained a number of derelict structures including a cottage, a barn, a house (known as the Robert Kelley House, circa 1861) and accessory structures. Since this time, as was indicated in the addendum to the HIS submitted by the applicant, the Robert Kelley House was destroyed by fire. The revised applications include an official plan amendment, zoning by-law amendment and Draft Plan of Subdivision, for the purpose of creating 29 residential lots. The proposed lots vary in size from 1 hectare to 3.05 hectares, serviced by a 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 an Estate Residential, Open Space and Environmental Protection Area designations. The property is also subject to Site Specific Policy Number 33. 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 Floodplain and Open Space 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 IBI Group (Exhibit C) Planning Rationale Report, prepared by IBI Group Tree Inventory, prepared by Dogwoods Inc. Stormwater Management Report, prepared by IBI Group Environmental Impact Assessment, prepared by Ecological Services Bobolink Survey, prepared by Ecological Services Noise Study, prepared by IBI Group Environmental Site Assessment, prepared by WESA Hydrogeological Assessment, Terrain Assessment and Servicing Options Statement, prepared by WESA Archaeological Assessments (Stages 2, 3 and 4), prepared by Ground Truth Archaeology Heritage Impact Statement, prepared by IBI Group Planning Demonstration Report A Planning Demonstration Report dated January 2012 was prepared by IBI Group 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 supporting technical studies demonstrate that the site can be developed without significant impacts. 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. 372

24 Page 24 of 46 Stormwater Management Report A Stormwater Management Plan and Report (November 2011), was prepared by IBI Group Incorporated, to provide a preliminary engineering design of the proposed drainage. The report indicates that the receiving watercourse, the Rideau Canal, requires level 2 protection for stormwater releases. The stormwater design for the proposed subdivision includes the following design features: Onsite and offsite stormwater designed to be conveyed to Rideau Canal system. Increased runoff from the proposed development is estimated to be within the capacity of the receiving watercourse, therefore, significant impacts are not expected; Application of stormwater best management practices will achieve adequate levels of protection; Stormwater ponds not required due to large lawn areas, onsite swales and roadside ditches; and Detailed design of channels and culvert crossings will be undertaken during final design. Environmental Impact Assessment (EIA) and Bobolink Survey Ecological Services conducted an Environmental Impact Assessment (EIA) (January 2012) and Bobolink Survey (July 2011) for the subject lands. The following is a summary of the analysis presented in the EIA: The proposed development will not result in a loss of fish habitat; The wildlife habitat on the subject site is not significant for the purposes of the Provincial Policy Statement; Waterfront lots are to be marketed as water view lots and that no water access development or structures (boathouses or docks) be permitted. Similarly, the park block is to have no water access development (structures); All development is to be setback a minimum of 40 metres from the high water mark of Gibraltar Bay (Great Cataraqui River). Within the 40 metres, it is recommended that the first 30 metres from the water be maintained as a no cut buffer, within which no disturbance of the soil mantle or vegetation cover be permitted. The remaining 10 metres between development and the 30 metre buffer can be maintained as lawn or support other use associated with a residential development; The eroding shoreline be stabilized such that it is no longer actively eroding sediment into Gibraltar Bay. This can be achieved in a number of ways, including increased soil stability through planting of native shrubs and trees. This should be reviewed and, if required, authorized by the Cataraqui Region Conservation Authority prior to implementation; and Recommended that an authorization under the Endangered Species Act be sought from the Ministry of Natural Resources and Forestry in order that a decision be provided by the Province of Ontario on whether or not the number of Bobolinks using the subject lands should be considered significant. The EIA concludes that provided the recommendations are implemented, there will be no negative impacts to any significant natural heritage features. 373

25 Page 25 of 46 The Bobolink Survey (Ecological Services, July 2011) indicates that the use of the subject lands by Bobolinks is limited to the central portion and that although the lots are large, the proposed development will impact the Bobolink habitat. The following is an excerpt from page 8 of the Bobolink Survey Report: We note that the subject lands provide suitable habitat at present only because of cultural (agricultural) activities. In this case the maintenance of hayfields. While this does not negate the fact that the lands are being used by a threatened species, it is relevant that should those (agricultural) activities cease, the land would quickly succeed to shrub and eventually forest cover, and would gradually become unsuitable for Bobolinks. It is our opinion that it would be onerous and unreasonable to expect private landowners to artificially maintain the rear of their lots in a manner that maintains it for Bobolinks. It is expected therefore, that the habitat in the protected blocks will gradually become less suitable for these birds, and Bobolinks will shift their activity, likely toward the east side of Isle of Man Road, where agricultural operation s continue. At that point, the restrictions on the lots would become meaningless. The EIS and Bobolink Survey were the subject of a Peer Review prepared by Brunton Consulting Services (August 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. The CRCA has indicated that their concerns with respect to habitat of threatened species have been addressed and the Ministry of Natural Resources and Forestry has advised that the proposed development will not likely require authorization under the Endangered Species Act (ESA). Phase 1 Environmental Assessment A Phase 1 Environmental Site Assessment (ESA) was prepared for the subject site by WESA (September 2011). The Assessment recommends a Phase II ESA for three areas on the subject property (farm homestead, cottage and former dog kennel). Hydrogeological Assessment, Terrain Assessment and Servicing Options Statement A Hydrogeological Assessment and Terrain Analysis was completed by WESA (January 2012). The report provides analysis with respect to the geology, physiography and drainage of the site as well as groundwater occurrences, quantity and quality available. The hydrogeological assessment provided the following recommendations: The location of the drilled well and septic bed should be considered jointly to maximize separation; Approved drinking water treatment systems/technology such as an ultra violet disinfection unit, should be installed; and Notice to purchasers should be implemented to advise prospective purchasers of the subdivision of the lots that sodium levels may be above 20 milligrams/l (which may pose a health risk to persons on a sodium restricted diet). The terrain assessment concludes that lot sizes of 1 hectare or more are adequate for the septic systems, including a future replacement system. The assessment contains a number of recommendations, including: 374

26 Page 26 of 46 All class IV subsurface sewage disposal systems are to be constructed in accordance with the Ontario Building Code; Once building sites are selected, percolation tests are to be conducted at the intended locations of the septic beds to allow for appropriate sizing; That the infiltration bed is to be located as far as practical from the supply well; Trees should not be planted any closer to the septic system than 3 metres, especially willow trees; and Chemicals that can damage septic systems including large quantities of non-organic household cleaners, detergents and bleaches; and any amount of paints, paint thinners, oils, gas and automotive products should not be put down household drains. The Servicing Options Statement indicated that the closest municipal water and sewer infrastructure is approximately 6.2 kilometres from the subject lands, therefore municipal servicing for the proposed development is deemed to be impractical. The statement indicates that the general area is rural and private wells and septic services are used for properties within the vicinity of the subject property. Based on the analysis, the statement concludes that private water and waste water servicing is the preferred and recommended option for the proposed development. The Hydrogeological Assessment was the subject of a Peer Review by Malroz, which was followed up by a Peer Review Response by WESA and a subsequent further review by Malroz. Staff from the City s Environment Division have indicated no further concerns with the proposed development from a hydrogeological standpoint with the inclusion of two conditions of Draft Approval of the subdivision regarding notice pertaining to elevated levels of sodium. Noise Study IBI Group Incorporated prepared an acoustical analysis of the noise impact of surrounding noise sources on the proposed development, with the primary source being vehicular traffic on the adjacent Highway 15, located southeast of the proposed development. The report makes the following recommendations for registration on title with respect to Lots 1, 2 and 3 to provide mitigation that would bring the development within acceptable levels as per the Ministry Guidelines: At the building permit application stage, the plot plans for lots 1, 2 and 3 be prepared showing the location of the dwelling and outdoor recreation area and to locate the noise contours as indicated on Figure 1 of the November 11, 2011 Acoustical report. The plan shall be reviewed by an Acoustical Engineer to determine if attenuation or a warning clause is required. o If the dwelling unit is located within 50 dba night time outdoor or 60 dba daytime condition then due to exceeding the MOE criteria for daytime and night time acoustical levels from Highway 15, the unit is to be fitted with forced air heating. Further, the lots are recommended to include Warning Clause Type C which reads: This dwelling unit has been fitted with forced air heating system and ducting, etc., sized to accommodate central air conditioning. Installation of central air conditioning by the occupant will allow windows and exterior doors to remain closed, thereby ensuring that 375

27 Page 27 of 46 the indoor noise levels are within the Municipality s and the Ministry of Environment s noise criteria. Note: the location and installation of the outdoor air conditioning device should be done so as to comply with noise criteria of MOE Publication NPC-216, Residential Air Conditioning Devices and thus minimize the noise impacts both on and in the immediate vicinity of the subject property. o o If the outdoor recreation area is located within the 60 dba daytime contour, then the provision of physical barriers can serve to reduce the impact of excess noise levels. If the house and/or outdoor recreation is located within this contour, a noise barrier will be required and further assessment will be required to determine the height and location of such barrier. Further, Warning Clause Type C as above shall be included. If the outdoor recreation area is located within the 55 dba noise contour, a noise warning clause will be required. The Type A Warning Clause shall read: Purchasers/Tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the Municipality s and the Ministry of Environment s noise criteria. The report concludes that the proposed development of estate residential dwellings will comply with MOE requirements for noise, subject to the implementation of the recommendations. 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 completed through the application for final plan of subdivision, 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 2, 3 and 4) Ground Truth Archaeology conducted the Stage 1 through 4 Archaeological Assessments for the subject lands. A Stage 1 Archaeological Assessment was prepared in 2007 that concluded a recommendation for the preparation of a Stage 2 Assessment, as the lands had a high potential for the presence of archaeological resources due to location adjacent to both Gibraltar Bay and a historic transportation route along Highway 15. The Stage 2 Assessment was conducted on the lands in October of 2010, with the resulting report finalized in December Two archaeological sites were initially identified, but upon further review, only one of these sites warranted further work through Stage 3 and 4 Assessments. A Stage 3 Archaeological Assessment was conducted on one of the sites to determine the site limits and a Stage 4 Assessment was subsequently conducted to mitigate the archaeological site through excavation. The City is in receipt of all necessary correspondence from the Ministry of Tourism Culture and Sport with respect to the assessments. 376

28 Page 28 of 46 Heritage Impact Statement A Heritage Impact Statement was prepared by IBI Group Incorporated (December 2011) 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), the Gibraltar Bay Cabin archaeological site and the 1861 Robert Kelley House. The following recommendations for the mitigation of potential impacts were included in the report to ensure no significant adverse impacts on the identified cultural heritage features: The existing cottage and farm buildings on site are not in good condition. Documentation and demolition are recommended for these buildings; There is no impact on defined archaeological sites based on the Stage 2, 3 and 4 reports; The Rideau Canal, World Heritage Site can be experienced by anyone on the water. The view of the tree covered river bank is a reminder of the history of the canal. The understanding of the engineering and construction feat that this system represents is supported by these glimpses of the wilderness that could have existed when the canal was built; The river bank is generally 3 to 6 metres high and is the most significant landform from both an onsite perspective, or view to the Rideau Canal (Gibraltar Bay). Any reduction in tree cover will have a negative impact on the resource. A 40 metre, non-development setback from the high water mark of Gibraltar Bay is recommended. A 15 metre non development buffer is also recommended to be implemented where practical to protect natural drainage features; A program is recommended to be implemented to augment and infill this strip of trees with the same or compatible native plant material, especially along the western portion of the shoreline. Other mature trees should be protected during construction; The development setback and tree planting program will help reduce the visibility of new development from the river and maintain the spirit of the old riverscape; and A maximum building ridge height of 12 metres is recommended to minimize the visibility of new development from the river behind the tree covered river banks. 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 is called Managing and Directing Land Use to achieve Efficient and Resilient Development and Land Use Patterns and includes a number of ways in which municipalities should strive to sustain healthy, liveable and safe communities: 377

29 Page 29 of 46 a) Promoting efficient development and land use patterns which sustain the financial wellbeing of the Province and municipalities over the long term; The proposed development includes lot sizes that 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 29 additional residential lots that are of a type that is in demand in the marketplace. As per the Planning Act, City of Kingston Official Plan and the City s Parkland By-Law, the development will include parkland dedication, thereby contributing an additional waterfront recreational amenity to this area of the City to the benefit of residents and visitors of the development. 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 considered to be 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 Gibraltar Bay are being protected as part of the proposed development through additional land use controls. 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 through private wells and septic systems. The access road for the development is existing and road widening is being taken through the subdivision process. As per By- Law Number , the development is subject to parkland dedication, which will be in the form of a dedicated waterfront parkland block. 378

30 Page 30 of 46 h) Conserving biodiversity and considering the ecological benefits provided by nature: The recommended zoning 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: - The proposed development is limited to 29 lots. The proposed use is compatible with surrounding land uses, which consist of rural residential lots, a vacant land condominium and tourist commercial 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 have demonstrated that the proposed development can be sustained by rural service levels and has 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, through well and septic services. The lands have access to an existing road that does not require upgrades at this time and the road network within the proposed development, Roads A and B will be constructed at the expense of the developer. 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, a vacant land condominium and tourist commercial 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 are 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 is in demand in the marketplace and therefore 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 379

31 Page 31 of 46 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 provision of such services with no negative impacts. The Hydrogeological Assessment, Terrain Assessment and Servicing Options Statement have undergone a peer review and have been reviewed to the satisfaction of the City; therefore, negative impacts are not anticipated. The design of the subdivision and the technical work and 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 Isle of Man Road and Provincial Highway 15, which supplies ease of access to the urban portion 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. 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 and provisions for the property 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 advised that the development will not likely require authorization under the Endangered Species Act. 380

32 Page 32 of 46 Section 2.3 (Agriculture) requires protection of prime agricultural areas for long-term agricultural use CLI mapping for agricultural capability, most of the lands are categorized as Class 7, with some lands as Class 3. Soils in Class 7 have no capability for arable culture or permanent pasture and include marsh, rockland and soil on very steep slopes. Soils in Class 3 have moderately severe limitations that reduce the choice of crops or require special conservation practices. 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 and therefore in summary, 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 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 two former homesteads that are not identified as having heritage value and are not protected under the Ontario Heritage Act. Upon assessment, the HIS concluded that these built features of the property did not have cultural heritage value that warrant formal protection and therefore the assessment of mitigation should be focussed on the adjacent heritage resource of the Canal. The proposed development is adjacent to Gibraltar Bay and is in excess of 1 kilometre of the main channel of the Canal. 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 Gibraltar Bay and the recommended conditions for the Draft Plan of Subdivision require a landscape plan to enhance the lands within 30 metres of Gibraltar Bay. In terms of archaeology, the entire lands have been subject to Stage 1 and Stage 2 Archaeological Assessments. These reports identified two archaeological sites. The Stage 3 Assessments completed on the two sites revealed that one of the two sites had resources that warranted mitigation through a Stage 4 Assessment. 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 recommended draft plan of subdivision conditions include policy, provisions and requirements that ensure that natural hazards are avoided through the proposed development and 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 and is the subject to Site Specific Policy Area 33 as per 381

33 Page 33 of 46 Schedule 3-D (Exhibit D Existing Official Plan designation). 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 has 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 areas requires an amendment to this Plan, rezoning and a plan of subdivision. All applications are required to demonstrate conformity to the following thirteen 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 29 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, that are varied topography or other interesting landscape characteristics suitable for residential development and these qualities are preserved in the proposed development: o The proposed development has tree-covered areas along Gibraltar Bay, varied topography and several landscape features of interest such as natural rock outcroppings, waterfront and drainage features. The recommendations on the subject applications incorporate protection of features as elements that are to be incorporated and enhanced within the development. These measures of protection include setbacks and buffers. A public waterfront park is included in the development that will incorporate a naturalized and enhanced 30 metre setback from Gibraltar Bay. The lots that abut the bay are recommended to have a 40 metre setback. 382

34 Page 34 of 46 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 of this report produces an approach to this development that ensures the protection of the natural heritage system. A portion of the waterfront lands is to 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. The application submission advises that clustering has been done to the extent possible given the minimum 1 hectare lot size required by the Official Plan. 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 distance of the subject lands from the City s urban boundary and associated public water and sanitary servicing is approximately 6 kilometres southwest of the site via Highway 15. The closest communal servicing system is approximately 3 kilometres to the southwest at Codes Corner. As a result of this separation distance considered with the projected population growth and associated land requirements, future demands on infrastructure or undue financial demands on the municipality are not expected. The servicing analysis and subdivision design layout allow enough space on each of the 29 lots for a future replacement of each septic system. 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, Terrain Analysis and Servicing Options Statement were 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 Health Unit and the recommended draft conditions include requirements that are required to be fulfilled through the future process for Final Plan of Subdivision approval. f. Access is from a public road that has been assumed by the City: o The proposed subdivision includes two access roads that are to be connected to the existing public and assumed road referred to as Isle of Man Road. The roads are to be constructed to the municipality s standard for future assumption by the City. Isle of Man Road is connected to Highway 15 and a portion of the subject lands abut Highway 15. 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: 383

35 Page 35 of 46 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 40 metre setback from the high water mark of Gibraltar Bay. The watercourses are recommended to be zoned within a site-specific floodplain zone with a minimum setback from the edge of the floodplain zone. 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 Gibraltar Bay, 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 measures to address such impacts. The proposed development includes a minimum 40 metre setback from Gibraltar Bay, 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. 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 The proposed lot sizes meet this minimum threshold, which is reinforced through the recommended zoning amendment. 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 The proposed development is consistent with the proximity and minimum distance separation requirements of the Official Plan. 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 through the contours provided in the Stormwater Management Report. b. The location of all proposed buildings (or building envelopes) and all proposed individual on-site water and sewage services: 384

36 Page 36 of 46 o The Draft Plan includes the building envelopes of each lot and the location of buildings and on site services are provided on the Hydrogeological Assessment/Terrain Analysis/Servicing Options Statement. 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. 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 has 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 approach taken for the avoidance of flooding associated with the watercourses also has the benefit of protection from the natural heritage component of the watercourses as well. 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 watercourses are being zoned a site-specific Floodplain zone with an additional setback from the zone, which offers further protection. Gibraltar Bay is protected through a minimum 40 metre setback, the first 30 metres of which is to be a no-cut area. A landscape plan for the enhancement of the natural vegetation of the lands abutting the bay 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. 385

37 Page 37 of 46 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 a sustainable component 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 29 lots is not expected to result in an adverse effect on the existing transportation network, as Highway 15 is a provincial highway; 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 embedded in the 386

38 Page 38 of 46 recommendation of this report. Views from the water are maintained through a 40 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 Gibraltar Bay, Rideau Canal, the policies of Section 3.10.A UNESCO World Heritage Designation are applicable. The designation is an overlay that applies to 30 metres along the shoreline measured from the high water mark. The following aspects of the proposed development and resulting technical review are consistent with this policy section: Parks Canada has been involved in the technical review of the applications, with recommendations incorporated into the conditions of draft plan approval noted within this report; The new residential development is proposed by plan of subdivision that is in accordance with the policies of the Rural area designation; and Mitigation of adverse effects has been demonstrated through a review by the City and Parks Canada of a Heritage Impact Statement (HIS) submitted by the proponent. The HIS recommends a minimum 40 metre setback from the high water mark for buildings, which exceeds the 30 metre setback specified in Section 3.10.A.7. The setback helps to protect viewscapes and the draft conditions require the implementation of a no-cut buffer, which is consistent with Sections 3.10.A.8 and 3.10.A.9. Section 6 of the Official Plan provides policies with regards to Environment and Energy. As per Schedule 7-C of the Official Plan (Natural Heritage Area A ), the subject lands contain an area of riparian habitat that coincides with the watercourse that crosses the property. As per Schedule 8- B of the Official Plan (Natural Heritage Area B ), the subject lands also contain areas of significant woodland along the shoreline of Gibraltar Bay, areas of contributory woodlands and unevaluated wetlands. Given the presence of these features, Section requires an Environmental Impact Assessment (EIA) be submitted for the proposed development. The proposed draft plan and recommendations on the official plan amendment, zoning by-law amendment and draft plan of subdivision all work together to implement the recommendations of the technical analysis of the applications with respect to natural heritage protection. The recommended zoning for the avoidance of natural hazards of the watercourses will also assist to protect the natural heritage features and potential habitat of these areas of the development. The EIA recommended protection of the evaluated wetland at the south end of the site, which has been carried forward in the recommended zoning symbols and setbacks for the site. Section 7 (Cultural Heritage Resources) includes the City s policies for the protection of built heritage resources and archaeological resources. Section 7.3.A.1 includes policies for the protection of the Rideau Canal UNESCO World Heritage Site, including the criterion that development or site alteration on lands adjacent to the lock stations and the canal proper demonstrate that the cultural heritage resources will be conserved and that archaeological resources are conserved. Sections and 7.3.A.1 required the preparation of a Heritage Impact Statement for development that is proposed adjacent to a protected cultural heritage resource, which was provided as a supporting study for the subject applications. The conclusion 387

39 Page 39 of 46 of the study is that the proposed development will not negatively impact the viewshed of the Rideau Canal channel, taking into consideration a minimum setback of 40 metres from Gibraltar Bay, protection and enhancement of tree cover within the setback area, the topography of the site at the shoreline and the distance of the site from the main channel. With respect to archaeology the archaeological resources of the significant archaeological site have been conserved through documentation and removal reflected in a Stage 4 Archaeological Assessment that has been reviewed to the satisfaction of the City and Ministry of Tourism Culture and Sport. Section 9 is the Implementation Section of the Official Plan. Section 9.6 addresses the implementation of Land Division, with Policy stating in its approval of a plan of subdivision, Council must be satisfied that: a. The proposed subdivision can be adequately supplied with municipal infrastructure and services in an economic manner if located outside any settlement areas, the proposal is adequately supplied with individual on-site water and sewage services: o The application submission and resulting technical review have confirmed that the proposed lots can be appropriately serviced through private individual water wells and septic systems. Following the future final plan of subdivision approval, the two roads are to be constructed by the proponent to a municipal standard prior to assumption by the municipality. b. The proposed subdivision has been designed to integrate compatibility with transit and the broader transportation system, adjacent existing and planned land uses, and both the natural heritage system and cultural heritage resources: o The proposed development integrates and protects the existing natural heritage and cultural heritage features. The subdivision is designed in a manner that is compatible with the existing road network and surrounding land uses. c. The plan of subdivision has been designed so there are no negative impacts on the natural heritage features or areas of natural hazard: o The applications were accompanied by detailed technical analysis that has been reviewed and incorporated into an updated land use framework for the subject lands that protect the natural heritage features and natural hazard areas applicable to the site. d. The proposed subdivision addresses issues of energy conservation and sustainability: o The proposed development is not expected to have a significant impact on the area in terms of energy conservation and sustainability. There is an opportunity through the future construction of the homes to incorporate construction methods and materials that contribute to energy conservation and sustainability. e. The proposed subdivision is necessary, timely and in the public interest: o The proposed subdivision is of a limited scale relative to the overall target of additional residential units to serve the expected population increase of the overall municipality by The proposed development will contribute to the range and mix of available 388

40 Page 40 of 46 housing in a manner that is responsive to the intent of the long-term growth objectives of the Official Plan and is proposed in a manner that avoids adverse effects and adds a municipal asset for residents in the form of a waterfront park along a culturally and environmentally significant waterbody. f. The design of the proposed plan of subdivision meets accepted design principles and standards of the City, and has had adequate regard for any urban design guidelines, land acquisition programs or other policy initiatives that are relevant to the area: o The Engineering and land use planning and environmental aspects of the proposed development have been reviewed to the satisfaction of the City and its technical review agencies. Detailed design review occurs after the draft plan approval phase, during the future processing of an application for final plan of subdivision. Zoning By-Law The subject property is zoned Holding Special Restricted Rural A1-60-H, Holding Special Highway Commercial CH-12-H and Environmental Protection area EPA zones in Zoning By- Law Number of the former Pittsburgh Township. The uses permitted in the Holding Special Restricted Rural A1-60-H include: an accessory dwelling house; a detached dwelling house; a cemetery; a farm, but not including a specialized farm as defined herein; a farm produce outlet; a home occupation; and a public use. A Site-Specific zone was applied to the subject property to identify additional H Symbol conditions not identified in Section 5(24) of Zoning By-Law Number The Holding Special Highway Commercial CH-12-H zone permits a retail nursery, accessory retail uses associated with a retail nursery use, accessory outdoor and open storage use associated with a retail nursery use, an accessory dwelling unit and small scale retail uses not exceeding 100 square metres. As the proposed development is not specifically permitted, a zone change is required. The proposed Site-Specific Estate Residential ER-12 zone includes relief from the interior side yard and rear yard requirements for lots that require increased yards due to being adjacent to the FP-6 zone. The recommended zoning amendment also includes site-specific Open Space zones for the locally significant wetland and areas of parkland dedication. Further land use controls have been added to the recommended ER-12 zone to prohibit marine facilities and to implement setbacks that are required for purposes related to natural heritage protection, cultural heritage protection and natural hazard avoidance. Site Plan Control In accordance with By-Law Number , Site Plan Control is not required for the proposed development. Technical Analysis The City s standard archaeological conditions are to be reflected in any future subdivision agreements for the development. In accordance with By-Law Number , the development is satisfying the municipal parkland dedication through the requirement of parkland dedication in the form of a waterfront park. 389

41 Page 41 of 46 For the purposes of the subject applications, the proposed stormwater management strategy for the development has been reviewed to the satisfaction of both the Engineering Department and the CRCA. A further detailed review will occur through the review of an application for Final Plan of Subdivision. The proposed water and sanitary servicing of the development has been reviewed to the satisfaction of the City and its technical agencies. The subdivision design incorporates space for a replacement septic system for each lot. Through the water quality aspect of the Hydrogeological Assessment, sodium concentrations were found to be above the warning level and below the aesthetic value. The Hydrogeological Assessment was found to meet the criteria to support the development as proposed, with conditions requiring that 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. The land use policy designations and zoning controls are recommended to be amended, based on a technical review of highly detailed information submitted by the applicant in the form of a Hydraulic Analysis. The resulting adjustments mean enhanced protection of the natural heritage features of the lands and protection of the proposed development from the natural hazards of the watercourse. As further protection of the significant woodland, the CRCA has recommended a Tree Preservation Plan be prepared and approved prior to Final Subdivision approval. The CRCA has also recommended that Lots 2 and 3 be subject to restrictive covenants through any future subdivision agreement restricting tree removal within the area of significant woodland on each lot. Public Comments A Public Meeting for the subject applications was held on April 19, 2012 during which 3 oral submissions were received. Four written submissions have been received to date and are attached as Exhibit F - Public Comments. The following is a bullet point listing of concerns that have been expressed: Concern with impact on water table (aquifer), well water quantity and quality: o Response: The Hydrogeological Assessment and Servicing Options report have been the subject of detailed analysis, including a peer review and subsequent responses by the original author and peer review author. This has been reviewed to the satisfaction of the City s Environment Division. Protection of existing EPA lands and marsh, fish, bird and turtle habitats: o Response: The recommendation includes official plan designations, zoning and conditions of draft approval of the subdivision to ensure that the recommendations of the Environmental Impact Study and Peer Review are implemented. The Ministry of Natural Resources and Forestry has advised that the proposed development will not likely require authorization under the Endangered Species Act. Condition of Isle of Man Road and the impacts of development on narrow right-of-way: o Response: Through the technical review, the Engineering Department have advised that Isle of Man Road currently meets the minimum municipal right of way width of

42 Page 42 of 46 metres. As a recommended condition of Draft Approval of the subdivision, the Engineering Department is requiring the following: Prior to execution of the subdivision agreement or pre-servicing agreement the owner agrees to provide a video inspection and analysis of the structural integrity of Isle of Man Road from Highway 15 to the entrance to the subdivision provided by a third party geotechnical firm. Prior to issuing of the Final Certificate of Approval of the Works the City will determine if repairs to Isle of Man Road are required. In the event of a disagreement between the City and the owner, a second geotechnical analysis will be required to determine any corrective measures. All costs for studies and repairs will be the responsibility of the developer. There will be further conditions in the subdivision agreement that require the owner to maintain the construction access road in a satisfactory state of repair and makes the owner financially responsible for any necessary repairs resulting from construction traffic. Concern about effect on property value and property taxes: o Response: The Planning Act process requires an assessment of Planning Act applications within the context of the City s land use planning documents. This assessment does not consider impacts on property value and property taxes. The effects of noise and dust during construction: o Response: The owner is required to comply with the City s Noise By-Law and the future subdivision agreement will include clauses to protect the wider neighbourhood from any potential adverse noise and dust impacts resulting from construction. Questions if this development would be better suited in the Hamlet designation and whether or not by permitting the development, the city would be creating another Hamlet in the Rural Area: o Response: The Official Plan has six existing hamlets. The definition of a hamlet as per section of the Official Plan is that they are small, compact rural communities with a mix of uses. They have traditionally been a small service centre and focal point for the surrounding community. With respect to shifting this development to an existing Hamlet designation or suggesting that the creation of this subdivision warrants a new hamlet designation, the proposed development is not consistent with the permitted uses or intended function of the Hamlet designation. Questions on whether or not the proposal is consistent with the PPS and Official Plan: o Response: As referenced earlier in this report, the subject applications are the subject of a decision by the Ontario Municipal Board dated July 29, 2014 that specifies that the proposed development is consistent with the PPS (including the updated 2014 version) and complies with the intent of the City of Kingston Official Plan. Incorporating the technical review of the applications has been further assessed throughout this report and staff are satisfied that the applicant has successfully 391

43 Page 43 of 46 demonstrated that the proposed development is consistent with the City s land use planning documents. Concerns that the vegetated buffer strip would not be enforceable: o Response: The recommendation includes zoning provisions to prohibit marine facilities and to enforce the 30 metre no cut buffer recommended by the Environmental Impact Study. Future building permits will be reviewed to ensure that development meets the minimum 40 metre setback and this will provide an opportunity to remind the land owner of the requirements. As conditions of draft approval, the owner will be required to have a restrictive covenant registered on title of the affected lots to identify these lots as water view lots, implement the no-cut buffer lands and prohibit marine facilities. Through the recommended draft conditions, the owner is also required to prepare and distribute a Landowner Information Package to the satisfaction of the City and the Cataraqui Region Conservation Authority. Discussion The applications are requesting approval for a 29 lot subdivision in the form of estate residential development. As discussed in detail in this report, the proposed development is the subject of a decision from the Ontario Municipal Board confirming that the proposed land use is consistent with the Provincial Policy Statement and complies with the intent of the Official Plan. Further to this within this report, the applications have been reviewed as being in conformity with the ten criteria for a proposal for new estate residential development as per Section of the Official Plan. The technical review of the applications has concluded that with the recommendation contained in this report, the proposed development is consistent with the Official Plan with respect to land use compatibility and functional land use policies. The draft plan conditions and recommended land use controls address the core fundamentals of the development to ensure satisfactory infrastructure servicing, protection of natural heritage features, cultural heritage features and avoidance of natural hazards. The intent through the initial submission of the applications was to remove the Environmental designation and zoning from the lands and to address environmental mitigation through setbacks within the estate residential zoning. However, staff have worked with the applicant and are recommending a combined approach of designations, zoning and setbacks to implement a framework for the protection of natural heritage features and avoidance of natural hazards in a manner that is consistent with the recommendations of the EIS and fits within the parameters of Zoning By-Law Number To ensure the long-term maintenance of the watercourses, the recommended conditions for the draft approval of the subdivision include a recommendation from the CRCA whereby the owner is required to work with the City to establish an easement over the watercourses and banks in favour of the City for the purpose of ensuring their long-term maintenance. Staff have worked closely with the applicant to achieve waterfront parkland dedication, in accordance with the Planning Act, City of Kingston Official Plan and the City s Parkland Dedication By-Law Number The applicant has also agreed to dedicate the buffer lands, shown as Blocks 33, 34, 37 and 38. This future park space overlooking a portion of the Rideau Canal UNESCO World Heritage Site will be a significant asset to the residents of the 392

44 Page 44 of 46 development, wider neighbourhood and overall community. Its acquisition by the Municipality is consistent with Section of the Official Plan which states that the City will acquire waterfront properties whenever they become available. With respect to the zoning amendment for a reduction in the interior side yards on the opposite side of a lot that also has an interior side yard abutting the FP-6 Zone. Staff are in support of this relief. It allows for natural heritage protection of the watercourses as recommended in the EIA and ensures adequate protection and avoidance of the floodplain associated with the watercourses in accordance with recommendations from the CRCA. The prohibition of marine facilities across all recommended zones carries forward recommendations from the EIA and HIS and is supported by the applicant. Within the zoning, minimum setbacks of 15, 30 and 40 metres have been included to implement recommendations from the technical review to ensure the protection of natural heritage features, cultural heritage features and avoidance of natural hazards. With respect to private water and sanitary servicing, all of the lots are a minimum of 1 hectare and the submitted Hydrogeological Assessment, Terrain Analysis and Servicing Options Statement and resulting peer review work have all been reviewed to the satisfaction of the relevant departments and technical agencies. Conditions have been implemented into the recommended draft approval of the subdivision to ensure adequate servicing for the development with avoidance of adverse impacts. The servicing design for the subdivision includes a suitable area on each lot for a replacement septic system. Conclusion Both the Provincial Policy Statement and Official Plan seek to limit new residential development in rural areas, however, both policy documents acknowledge that there are situations where rural residential development may be appropriate. Specific to the subject proposal, the proposed estate residential development: Is of a scale that is compatible with the surrounding area; Does not preclude or impact any resource based economic activities occurring on the subject site or adjacent lands; Does not include development on prime agricultural lands; Provides sufficient lot areas to accommodate individual private services; and Includes setbacks to protect the natural heritage and cultural heritage features and implements the avoidance of natural hazards and functions of the lands. A statutory Public Meeting was held with respect to this application on April 19, The comments received from the public have been incorporated into this comprehensive report. As a result of a review of the applications within the context of the supporting studies, overall technical review, municipal and provincial planning documents and legislation and input from members of the public, it is concluded that the proposed applications for official plan amendment, zoning by-law amendment and Draft Plan of Subdivision as recommended in this report, are appropriate and constitute good land use planning. 393

45 Page 45 of 46 Existing Policy/By-Law: The proposed amendment was reviewed against the policies of the Province of Ontario and policies, by-laws and studies of the City of Kingston to ensure that the changes would be consistent with the Province s and the City s vision of development. The following documents were assessed: Provincial Planning Act Provincial Policy Statement, 2014 Municipal City of Kingston Official Plan Zoning By-Law Number Parkland Dedication By-Law Number Notice Provisions: A Public Meeting was held respecting these applications on April 19, 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 20 days in advance of the Public Meeting. In addition, prepaid first class mail was sent to all property owners (according to the latest Assessment Rolls) within 120 metres of the subject property. This involved approximately 43 property owners being sent a notice of statutory Public Meeting. In addition, a courtesy notice was placed in The Kingston Whig-Standard. Notice of this Planning Committee Meeting was sent to all individuals who submitted written correspondence and who formally requested notice. If the applications are approved, a Notice of Adoption, a Notice of Passing and a Notice of Decision will be circulated in accordance with the provisions of the Planning Act. Accessibility Considerations: Not applicable Financial Considerations: Not applicable 394

46 Page 46 of 46 Contacts: Paige Agnew, Director, Planning, Building & Licensing Services extension 3252 Julie Salter-Keane, Manager, Development Approvals extension 1163 Lindsay Lambert, Senior Planner, Planning Division extension 2176 Other City of Kingston Staff Consulted: Not applicable Exhibits Attached: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Key Map Aerial Photo Draft Plan Existing Official Plan Designation Existing Zoning Public Comments Draft By-Laws and Schedules 395

47 DETAil Exhibit A [].., 0 THE CORPORATION OF THE CITY OF KINGSTON KEY MAP Applicant: B.C. Ltd. File Number: / / & Licensing Services Address: 2611 Isle of Man Road a department of Legal Description: CON 4 PT LOTS 2 TO 4; Community RP 13R PART 1 Services ARN: Legend CJ Subject Lands SCALE Planning, Building w~, Meters s 1:12,500 PREPARED BY: A. Dowker DATE: 5/7/2015

48 NINA'S LANE DU FF E L A NE Exhibit B Subject Lands DANE RD S TE P HENTOWN LA NE THE COR POR AT ION O F T HE C IT Y O F KIN G STO N Aerial Imagery (2014) Legend Applicant: B.C. Ltd. Subject Lands Planning, Building File Number: D /D /D & Licensing Services Address: 2611 Isle of Man Road a department of Legal Description: CON 4 PT LOTS 2 TO 4; Meters Community Services RP 13R19682 PART 1 Disclaim er: Th is do cu m ent is subject to copyrig ht an d m ay on ly be used for you r p erson al, non ARN: PREPARED BY: A. Dowker 397 DATE: 5/7/2015 -com m ercial u se p rovided you keep intact th e copyrigh t notice. Th e City of K in gston assum es 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 relian ce on, the inform ation contain ed in this d ocum en t. The City of King ston d oes n ot m ake any representation or warran ty, express or im plied, concern in g the accuracy, qu ality, or reliability of th e u se o f th e inform ation con tained in this docu m ent Th e C orporatio n of th e City of Kingston.

49 DRAFT PLAN of SUBDIVISION PART OF LOTS 2, 3 & 4, CONCESSION 4 GEOGRAPHIC TOWNSHIP OF PITTSBURGH NOW THE CITY OF KINGSTON ISLE OF MAN RD GIBRALTAR BAY HWY 15 KEY PLAN N.T.S. SUBJECT SITE HWY 401 LEGEND: Land Use Development Singles (Lots 1-29) Roads (Block 30) Parkland (Block 31-32) Open Space (Block 33-34) Locally Significant Wetland (Part of Lot 7) Drainage Swale and 17.5m Setback (Block 36) EPA (Block 37) & 30m Buffer (Block 38) LANDS TO BE SUBDIVIDED SITE DATA (Preliminary) Length Area (approximate) MAJOR STORM SWALES Percent (%) N/A Ha. ± ,208 m ± 2.50 Ha. ± 6.12 N/A 1.60 Ha. ± 3.92 N/A 0.73 Ha. ± 1.79 N/A N/A N/A N/A 0.38 Ha. ± 0.93 N/A 0.04 Ha. ± 0.10 N/A 0.56 Ha. ± m Reserve (Block 39-42) Road Widening (Block 43) Sight Triangle (Block 35, 44-46) N/A 0.02 Ha. ± 0.05 N/A 0.36 Ha. ± 0.88 N/A 0.02 Ha. ± 0.04 Total Site Area Ha. ± % 1: m IBI GROUP 650 Dalton Avenue Kingston ON K7M 8N7 Canada tel fax ibigroup.com Project No Cad File: DP.dwg Date Issued: J:\26723-TowerstoneDevelopment\5.9 Drawings\59urban\layouts\26723-DP.dwg 2015/05/07 11:16 AM Nino Alvarez 398

50 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! AR H RISON LN RIVER STYX L N ISLE OF MAN RD Exhibit D SUBJECT LANDS: 2611 Isle of Man Road Current Designation: Rural/EPA 15 HWY DANE RD LEGEND RESIDENTIAL CENTRAL BUSINESS DISTRICT AGRICULTURAL LAND ENVIRONMENTAL PROTECTION AREA ESTATE RESIDENTIAL REGIONAL COMMERCIAL RURAL COMMERCIAL EPA SUBMERGED VEGETATION BUSINESS PARK INDUSTRIAL MAIN STREET COMMERCIAL RURAL INDUSTRIAL HAMLET!!!!!!!!!!!!!!!! GENERAL INDUSTRIAL DISTRICT COMMERCIAL INSTITUTION HARBOUR AREA; WATER AREA!!!!! WASTE MANAGEMENT INDUSTRIAL ARTERIAL COMMERCIAL DEFERRED AREA MINERAL RESOURCE AIRPORT RURAL OPEN SPACE SECONDARY PLAN AREA THE COR POR AT ION O F T HE C IT Y O F KIN G STO N Official Plan for the City of Kingston Schedule 3-A, Existing Land Use SCALE Applicant: B.C. Ltd. Planning, Building File Number: D /D /D & Licensing Services Meters Address: 2611 Isle of Man Road a department of 1:8,000 Legal Description: CON 4 PT LOTS 2 TO 4; Community RP 13R19682 PART 1 Disclaimer: This document is subject to copyright and may only be used for your personal, non Services -commercial use provided you keep intact the copyright notice. The City of Kingston assumes no ARN: responsibility for any errors, and is not liable for any damages of any kind resulting from the use PREPARED BY: J. Partridge DATE: 5/7/ of, or relian ce on, the inform ation contain ed in this d ocum en t. The City of King ston d oes n ot m ake any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of th e u se o f th e inform ation con tained in this docu m ent Th e C orporatio n of th e City of Kingston.

51 OS A1 A RR RR-11-H Exhibit E LSR-H A1-57-H A1 LS R-H A A1 SUBJECT LANDS 2611 Isle of Man Road 2443 Zoning By-Law: Current Zone: A1-60-H/CH-12-H/EPA A1-53 FP 2620 A1 A1-11 OS A1-60-H RR EPA RR A1-49 A1-38 A1-60-H CH-12-H A DANE RD 2538 HWY RR-10 STEPHENTOWN LANE A THE COR POR AT ION O F T HE C IT Y O F KIN G STO N EXISTING ZONING Zoning By-Law: 32-74, Map 1 Legend: Current Zone: A1-60-H/CH-12-H/EPA Subject Lands Planning, Building Applicant: B.C. Ltd. SCALE & Licensing Services File Number: D /D /D a department of Address: 2611 Isle of Man Road Meters Community Legal Description: CON 4 PT LOTS 2 TO 4; 1:8,000 Services RP 13R19682 PART 1 FOR REFERENCE PURPOSES ONLY ARN: PREPARED BY: J.Partridge Date: Feb 5, THIS IS AN OFFICE CONSOLIDATION. FOR ACCURATE REFERENCE THE ORIGINAL ZONING BY-LAW AND AMENDMENTS THERETO SHOULD BE CONSULTED AT 1211 JOHN COUNTER BLVD

52 Exhibit F Budd,Jason From: Sylvia Healey[--] Sent: Friday,.March 02, :34 AM. To: Budd,Jason Cc: crca@cataraquiregion.ori.ca; Scott,Jeff Sul,>ject: Zqning By-Law ammendmenl 2611 Isle of Mann Road RE: Zoning By-Law Amendment D , DJ , Dear Mr. Judd, I am writing to express my concems about rezoning of 2611 Isle of Mann Road, the majority of which fronts onto Gibraltar Bay. These are protected waters that form part of the Cataraqui/Rideau System, but most importantly are pat1 of a marsh that is critical.to pollution treatment and nutrient cycling of Colonel By lake. It is also a vital Fish and Bird habitat. You may already be aware that wetlands cleanse water by fil tering out natural and many manmade pollutants, which are then broken down or immobilized. In wetlands, organic materials are also broken down and recycled back into the environment, where they support the food chain. Wetlands are also one of the most productive habitats f01: feeding; nesting, spawning, resting and cover for fish and wildlife, including many rare and endang~red species. This particular wetland is home to a healthy diversity offish, birds and amphibians and I have documented the presence of Wood Ducks, Bald Eagles,, Red-tailed hawk, and ospreys (with an osprey nest right on the property). Birds that stop to feed for about a month on their way north or south are Mergansers, Swans, Rails and Comorants, among others. Many duck species use the quiet shelter of Gibraltar Point as a summer nursery. The marsh is also home to snapping turtles and painted turtles as well as a variety of frogs and fish. These are just a sprinkling of the incredible habitat whose balance is already incredibly challenged with the intensity of residential development at Rideau Acres Trailer Park. To create another high-intensity residential area could tip the balance of the health of the waterway. Two years ago at the "Source Water Protection" meetings held for the public, residents on Colonel By lake expressed concerns about the impact ofsewage output into the lake (Colonel By) from hundreds of trailers at Rideau Acres. Their concerns seemed justified since over the last couple years we've seen the blue-green algal bloom start offshore from the trailer park and spread across the lake. I think the marsh is critical to counteracting the pollution and cleaning up the water but it seems to have reached it's tolerance level and we have already seen a couple species of frogs disappear. (They are like the canary in the coal mine). Protecting this marsh provides cleaner water and benefits all residents including those who live further downstream all the way to the St. Lawrence River. This zone is already marked as "Environmentally Protected" so I'm surprised that the city even entertains applications for development in this area. I have copied the conservation authority in the hopes that they wi 11 support the continued protection of this area for th ~ benefit of all Kingstonians. 401 t75