City of Kingston Report to Committee of Adjustment Report Number COA

Transcription

1 To: From: City of Kingston Report to Committee of Adjustment Report Number COA Chair and Members of Committee of Adjustment Tim Fisher, Planner Date of Meeting: December 18, 2017 Application for: File Number: Address: Owner: Applicant: Consent D and D Battersea Road George and Marie Ann Carey Fotenn Consultants Inc. Executive Summary: The applications for consent to create two new rural lots have been submitted by Fotenn Consultants Inc. on behalf of the owners George and Marie Ann Carey. The purpose of the application D is to sever a 1.17 hectare parcel of land with 124 metres of road frontage on Unity Road and 128 metres of road frontage on Battersea Road. The application, File Number D , is to sever a 1.05 hectare parcel of land with 84 metres of road frontage on Battersea Road. The retained parcel of land will have a lot area of hectares with 368 metres of frontage on the unopened road allowance of Unity Road and metres of road frontage on Battersea Road. The property is situated on the east side of Battersea Road, north of Unity Road. The undeveloped parcel of land is currently designated as Rural in the Official Plan and is zoned A2 General Agricultural in Zoning By-Law Number The subject property is adjacent to residential and agricultural uses and a school to the south. The consent application proceeded through the Delegated Authority process. The city received comments during the public notification period therefore the file has been transferred to the Committee of Adjustment Public Meeting process. A new public notice was mailed to all property owners within a 60 metre radius of the property and new signage was posted on the site. Committee of Adjustment Meeting Number 01 December 18,

2 Recommendation: Consent Application D It is recommended that consent application, File Number D , to sever a 1.17 hectare parcel of land with 124 metres of road frontage on Unity Road and 128 metres of road frontage on Battersea Road, be provisionally approved subject to the following conditions: 1. Deadline That all conditions are satisfied and the Certificate of Official be presented to the Secretary-Treasurer, Committee of Adjustment for certification under Section 53(42) of the Planning Act, R.S.O as amended, within one year of mailing of this notice. We suggest that the Land Registry Office be consulted for preapproval of the Certificate of Official to avoid delays. The Certificate must be registered within two years from the issuance of the certificate as required under Section 53(43) of the Planning Act, R.S.O. 1990, as amended. A copy of the registered transfer certificate shall be provided to the Secretary-Treasurer, Committee of Adjustment to complete the file. 2. Reference Plan That a digital version of a Reference Plan be provided in a PDF and AutoCAD Windows readable format on a compact disc (CD), USB memory stick or by , illustrating the severed parcel and road widening s be prepared and presented to the Secretary-Treasurer, Committee of Adjustment prior to the issuance of the Certificate of Official. 3. Road Widening That a road widening of 15 metres from the centreline of the road be conveyed to the city, along the entire frontage of the severed lots along Battersea Road and Unity Road, prior to the issuance of the Certificate of Official. The applicant shall illustrate the widening as a separate part on a reference plan, and after registration of said deed at the expense of the applicant, and prior to issuing the certificate for the severance herein, the solicitor for the applicant shall certify that the title of the municipality to the said strip is free and clear of all encumbrances of every nature and that the municipality has a good and marketable title. 4. Payment of Taxes The owner/applicant shall contact the Tax Department at tax@cityofkingston.ca and secure in writing from the Treasurer or the Manager of Taxation and Revenue, proof of payment of current taxes and any special charges (not simply a copy of the tax bill) required to be paid out and a statement of proof that is received and shall be provided to the Secretary- Treasurer Committee of Adjustment, prior to the issuance of the consent certificate. The owner/applicant must pay any outstanding realty taxes and all local improvement charges levied against the property. Committee of Adjustment Meeting Number 01 December 18,

3 5. Cash-In-Lieu of Parkland That $1, shall be paid to the City of Kingston as cash-in-lieu of land dedication for park or public recreational purposes for each new building lot being created. The applicant shall provide a certified cheque or proof of payment to the Secretary-Treasurer, Committee of Adjustment, prior to the issuance of the consent certificate. 6. Archaeological Assessment An Archaeological Assessment (beginning with a Stage One Assessment) and any subsequent or supporting studies are required on the property as the site falls under several of the criteria for archaeological potential. Any area of development or site alteration, including access routes, on lands containing archaeological resources or areas of archaeological potential will need to be assessed by an archaeologist licensed in the Province of Ontario. The applicant shall contact the Planning Division to confirm their requirements for approval of this condition. Two (2) copies of the study and all relative information shall be provided to the Secretary-Treasurer of the Committee of Adjustment. The report shall be registered with the Ministry of Tourism, Culture and Sport or an acceptance letter shall be obtained by the Ministry prior to the issuance of the Certificate of Official. The city relies upon the report of the professional archaeologist as filed, but reserves the right to require further reports should further evidence be uncovered. The applicant may be required to further review the state of archaeological resources on the property depending on the recommendations of the report and subject to input and review from the Ministry of Tourism, Culture and Sport. The city shall not be restricted in its ability to determine requirements related to review, assessment and/or protection should archaeological resources be found on site. Any costs arising from such requirements of the city, or any other duly authorized Government body, shall be borne solely by the applicant. 7. Private Well & Hydro-geological Study In order to review the hydro-geological conditions in support of the proposed severance, a well shall be constructed, or confirmation shall be provided of an existing well, on the severed parcel, in accordance with current standards described in Ontario Regulation 903 or as amended. A Full Hydro-geological Assessment shall be completed in accordance with the City of Kingston s Interim Standard Hydro-geological Assessments in Support of (1-3) Rural Land Severances to ensure that the new well(s) or existing unused wells satisfy the City s criteria for construction, water quantity, water quality, and interference with surrounding wells. The applicant shall contact the Environment Division to confirm their requirements for approval of this condition. Committee of Adjustment Meeting Number 01 December 18,

4 Two (2) copies of the study and all relative information shall be provided to the Secretary-Treasurer of the Committee of Adjustment to be forwarded to the Environment Division for their review and further to confirm compliance to current city standards. Written acceptance of this study and its conclusions shall be provided by the Environment Division to the Secretary-Treasurer of the Committee of Adjustment prior to the issuance of the consent certificate. Recommendations made by the Environment Division as a result of this assessment may be required to be included within a Development Agreement which is to be registered against the title to the lands. 8. Civic Address The owner/applicant shall contact the Planning Division and obtain a civic address for the new lot created and all appropriate fees shall be paid. The owner/applicant shall provide to the Secretary-Treasurer Committee of Adjustment written confirmation from the city that the civic address has been obtained prior to the issuance of the consent certificate. 9. Development Agreement The owner shall enter into a development agreement satisfactory to the city to be registered on title to the severed and retained lands. All legal costs associated with the preparation and registration of the agreement shall be borne by the owner. The applicant shall provide a copy of the registered executed agreement to the Secretary-Treasurer, Committee of Adjustment, prior to the issuance of the consent certificate. The agreement shall contain conditions to ensure: a) That any new septic system on the severed or retained parcels shall conform to the provisions of the city s Official Plan and shall be constructed in accordance with the requirements of the Kingston Frontenac Lennox and Addington Public Health Unit. b) Any recommendations resulting from the hydro-geological assessment are included within the development agreement for the lands. c) Any recommendations resulting from the archaeological assessment shall be included within the development agreement for the lands. d) In the event that deeply buried or previously undiscovered archaeological deposits are discovered in the course of development or site alteration, all work must immediately cease and the site must be secured. The Cultural Program Branch of the Ministry of Tourism, Culture and Sport ( ) and the City of Kingston s Planning Division ( , extension 3180) must be immediately contacted. e) 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 Committee of Adjustment Meeting Number 01 December 18,

5 Services ( ), the Cultural Program Branch of the Ministry of Tourism, Culture and Sport ( ), and the City of Kingston s Planning Division ( , extension 3180) must be immediately contacted. f) That the owner be advised that any new or altered entrance to the site will require an Entrance Permit from the Engineering Department. g) That the owner be advised that the severed and retained lots are located in the rural area and may be adjacent to existing or future agricultural uses. Any new residential development on the severed or retained lands shall be outside of the required calculated Minimum Distance Separation (MDS) setback from any neighbouring livestock facility or manure storage and all other applicable requirements at the time of Building Permit issuance. h) That the owner be advised that no further lots will be permitted on the subject lands through the Consent Application process. i) That the owner acknowledges and agrees with the city that: a. The severed lands and the retained lands are located outside the limits of the municipal water and sewer service area and are not serviced by the city s water treatment plant or sewage treatment facility; b. The owner shall be solely responsible for ensuring at all times and by all means that there is an adequate supply of potable water and an adequate on-site sewage treatment facility maintained by the owner, for the owner s intended use of the severed lands and retained lands; c. Despite the Committee of Adjustment approval to sever the lands, or that the city has approved zoning for either or both of the severed lands and retained lands that would permit construction of a building thereon, or that the city has or may at any time in the future issue a Building Permit or approve a site plan for either or both the severed lands and retained lands, the city will have no obligation to extend the municipal water area or provide municipal water services, or to extend the municipal sewer service area or provide municipal sewer services to or for the benefit of either the severed lands or retained lands; d. Regardless of any order issued by the Ministry of the Environment or by the Kingston Frontenac Lennox and Addington Public Health Unit in the future, the owner shall be solely responsible for the costs associated with any upgrading or extension of any private or municipal services required to be constructed to comply with such order. Committee of Adjustment Meeting Number 01 December 18,

6 Consent Application D It is recommended that consent application, File Number D , to sever a 1.05 hectare parcel of land with 84 metres of road frontage on Battersea Road. The retained parcel of land will have a lot area of hectares with 368 metres of frontage on the unopened road allowance of Unity Road and metres of road frontage on Battersea Road, be provisionally approved subject to the following conditions: 1. Deadline That all conditions are satisfied and the Certificate of Official be presented to the Secretary-Treasurer, Committee of Adjustment for certification under Section 53(42) of the Planning Act, R.S.O as amended, within one year of mailing of this notice. We suggest that the Land Registry Office be consulted for preapproval of the Certificate of Official to avoid delays. The Certificate must be registered within two years from the issuance of the certificate as required under Section 53(43) of the Planning Act, R.S.O. 1990, as amended. A copy of the registered transfer certificate shall be provided to the Secretary-Treasurer, Committee of Adjustment to complete the file. 2. Reference Plan That a digital version of a Reference Plan be provided in a PDF and AutoCAD Windows readable format on a compact disc (CD), USB memory stick or by , illustrating the severed parcel and road widening s be prepared and presented to the Secretary-Treasurer, Committee of Adjustment prior to the issuance of the Certificate of Official. 3. Road Widening That a road widening of 15 metres from the centreline of road be conveyed to the city, along the entire frontage of the severed lots along Battersea Road and Unity Road, prior to the issuance of the Certificate of Official. The applicant shall illustrate the widening as a separate part on a reference plan, and after registration of said deed at the expense of the applicant, and prior to issuing the certificate for the severance herein, the solicitor for the applicant shall certify that the title of the municipality to the said strip is free and clear of all encumbrances of every nature and that the municipality has a good and marketable title. 4. Payment of Taxes The owner/applicant shall contact the Tax Department at tax@cityofkingston.ca and secure in writing from the Treasurer or the Manager of Taxation and Revenue, proof of payment of current taxes and any special charges (not simply a copy of the tax bill) required to be paid out and a statement of proof that is received and shall be provided to the Secretary- Treasurer Committee of Adjustment, prior to the issuance of the consent certificate. The owner/applicant must pay any outstanding realty taxes and all local improvement charges levied against the property. Committee of Adjustment Meeting Number 01 December 18,

7 5. Cash-In-Lieu of Parkland That $1, shall be paid to the City of Kingston as cash-in-lieu of land dedication for park or public recreational purposes for each new building lot being created. The applicant shall provide a certified cheque or proof of payment to the Secretary-Treasurer, Committee of Adjustment, prior to the issuance of the consent certificate. 6. Archaeological Assessment An Archaeological Assessment (beginning with a Stage One Assessment) and any subsequent or supporting studies are required on the property as the site falls under several of the criteria for archaeological potential. Any area of development or site alteration, including access routes, on lands containing archaeological resources or areas of archaeological potential will need to be assessed by an archaeologist licensed in the Province of Ontario. The applicant shall contact the Planning Division to confirm their requirements for approval of this condition. Two (2) copies of the study and all relative information shall be provided to the Secretary-Treasurer of the Committee of Adjustment. The report shall be registered with the Ministry of Tourism, Culture and Sport or an acceptance letter shall be obtained by the Ministry prior to the issuance of the Certificate of Official. The city relies upon the report of the professional archaeologist as filed, but reserves the right to require further reports should further evidence be uncovered. The applicant may be required to further review the state of archaeological resources on the property depending on the recommendations of the report and subject to input and review from the Ministry of Tourism, Culture and Sport. The city shall not be restricted in its ability to determine requirements related to review, assessment and/or protection should archaeological resources be found on site. Any costs arising from such requirements of the City, or any other duly authorized Government body, shall be borne solely by the applicant. 7. Private Well & Hydro-geological Study In order to review the hydro-geological conditions in support of the proposed severance, a well shall be constructed, or confirmation shall be provided of an existing well, on the severed parcel, in accordance with current standards described in Ontario Regulation 903 or as amended. A Full Hydro-geological Assessment shall be completed in accordance with the City of Kingston s Interim Standard Hydro-geological Assessments in Support of (1-3) Rural Land Severances to ensure that the new well(s) or existing unused wells satisfy the city s criteria for construction, water quantity, water quality, and interference with surrounding wells. The applicant shall contact the Environment Division to confirm their requirements for approval of this condition. Committee of Adjustment Meeting Number 01 December 18,

8 Two (2) copies of the study and all relative information shall be provided to the Secretary-Treasurer of the Committee of Adjustment to be forwarded to the Environment Division for their review and further to confirm compliance to current city standards. Written acceptance of this study and its conclusions shall be provided by the Environment Division to the Secretary-Treasurer of the Committee of Adjustment prior to the issuance of the consent certificate. Recommendations made by the Environment Division as a result of this assessment may be required to be included within a Development Agreement which is to be registered against the title to the lands. 8. Tree Planting That the owner be advised that native species of trees should be planted on the property abutting the forested area. 9. Civic Address The owner/applicant shall contact the Planning Division and obtain a civic address for the new lot created and all appropriate fees shall be paid. The owner/applicant shall provide to the Secretary-Treasurer Committee of Adjustment written confirmation from the city that the civic address has been obtained prior to the issuance of the consent certificate. 10. Development Agreement The owner shall enter into a development agreement satisfactory to the city to be registered on title to the severed and retained lands. All legal costs associated with the preparation and registration of the agreement shall be borne by the owner. The applicant shall provide a copy of the registered executed agreement to the Secretary-Treasurer, Committee of Adjustment, prior to the issuance of the consent certificate. The agreement shall contain conditions to ensure: a) That any new septic system on the severed or retained parcels shall conform to the provisions of the city s Official Plan and shall be constructed in accordance with the requirements of the Kingston Frontenac Lennox and Addington Public Health Unit. b) Any recommendations resulting from the hydro-geological assessment are included within the development agreement for the lands. c) Any recommendations resulting from the archaeological assessment shall be included within the development agreement for the lands. d) In the event that deeply buried or previously undiscovered archaeological deposits are discovered in the course of development or site alteration, all work must immediately cease and the site must be secured. The Cultural Program Branch of the Ministry of Tourism, Culture and Sport ( ) and the City of Kingston s Planning Division ( , extension 3180) must be immediately contacted. Committee of Adjustment Meeting Number 01 December 18,

9 e) In the event that human remains are encountered, all work must immediately cease and the site must be secured. The Kingston Police ( ), the Registrar of Cemeteries Regulation Section of the Ontario Ministry of Consumer Business Services ( ), the Cultural Program Branch of the Ministry of Tourism, Culture and Sport ( ), and the City of Kingston s Planning Division ( , extension 3180) must be immediately contacted. f) That the owner be advised that any new or altered entrance to the site will require an Entrance Permit from the Engineering Department. g) That the owner be advised that the severed and retained lots are located in the rural area and may be adjacent to existing or future agricultural uses. Any new residential development on the severed or retained lands shall be outside of the required calculated Minimum Distance Separation (MDS) setback from any neighbouring livestock facility or manure storage and all other applicable requirements at the time of Building Permit issuance. h) That the owner be advised that no further lots will be permitted on the subject lands through the Consent Application process. i) That the owner acknowledges and agrees with the City that: a. The severed lands and the retained lands are located outside the limits of the municipal water and sewer service area and are not serviced by the city s water treatment plant or sewage treatment facility; b. The owner shall be solely responsible for ensuring at all times and by all means that there is an adequate supply of potable water and an adequate on-site sewage treatment facility maintained by the owner, for the owner s intended use of the severed lands and retained lands; c. Despite the Committee of Adjustment approval to sever the lands, or that the city has approved zoning for either or both of the severed lands and retained lands that would permit construction of a building thereon, or that the city has or may at any time in the future issue a Building Permit or approve a site plan for either or both the severed lands and retained lands, the city will have no obligation to extend the municipal water area or provide municipal water services, or to extend the municipal sewer service area or provide municipal sewer services to or for the benefit of either the severed lands or retained lands; d. Regardless of any order issued by the Ministry of the Environment or by the Kingston Frontenac Lennox and Addington Public Health Unit in the future, the owner shall be solely responsible for the costs associated with any upgrading or extension of any private or municipal services required to be constructed to comply with such order. Committee of Adjustment Meeting Number 01 December 18,

10 Authorizing Signatures: Tim Fisher, Planner In Consultation with the following Management of the Community Services Group: Paige Agnew, Director, Planning, Building & Licensing Services Lanie Hurdle, Commissioner, Community Services Committee of Adjustment Meeting Number 01 December 18,

11 Options/Discussion: The consent applications were submitted on October 4, 2017, by Fotenn Consultants Inc. on behalf of the owners George and Marie Ann Carey, and proceeded through the Delegated Authority process. The city received comments during the public notification period; therefore the file has been transferred to the Committee of Adjustment Public Meeting process. A new public notice was mailed to all property owners within a 60 metre radius of the property and new signage was posted on the site. Site Characteristics The property is situated on the east side of Battersea Road, north of Unity Road. The undeveloped parcel of land is currently designated as Rural in the Official Plan and is zoned A2 General Agricultural in Zoning By-Law Number The subject property is adjacent to residential and agricultural uses and a school to the south. Application Planning, Building & Licensing Services, through delegated authority, can process applications for consent that are technical in nature without holding a Public Meeting. All residents within a 60 metre radius of the property were notified through this process, however, letters of objection and concerns were received. As such, this consent application is being processed by the Committee of Adjustment through the Public Meeting process. Revised signage has been posted on the site and public notification of the Public Meeting has been sent to all property owners within a 60 metre radius. A courtesy ad has been published in the local newspaper. Provincial Policy Statement The Provincial Policy Statement (PPS) 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 considerations and as much, the proposal conforms to and is consistent with the PPS. Official Plan The subject property is designated as Rural in the City of Kingston Official Plan. The intent of the Rural designation is to maintain a permanent and viable agricultural industry within the city. Single detached dwellings are permitted within the Rural designation on existing lots of record and through the policies in Section for severances for non-farm residential use. Section 2 of the Official Plan recognizes the city structure. Country Areas are intended to recognize the critical role the lands play in protecting the rural values and rural community of the city. These areas sustain natural heritage features and areas that are important to the ecosystem of the entire city and 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. There are also areas identified as Prime Agriculture, which are to be protected for agricultural uses and agriculture-related uses, as well as other lands having aggregate or mineral potential that would be preserved for future use, and sites currently engaged in aggregate extraction located in the country area. Committee of Adjustment Meeting Number 01 December 18,

12 The subject property is located outside of the urban boundary in the rural area of the city.the predominant form of land uses in the area are agricultural uses and agriculture-related uses. Agricultural uses are recognized as important functions in both Rural and Prime Agricultural designated lands in the Official Plan. Battersea Road is predominantly agricultural with scattered residential uses. The proposed agricultural use on the retained lot and the residential use of the severed lots is in keeping with the character and uses in the rural area and compatible with the surrounding uses. Any new agricultural structure such as a livestock facility or manure storage facility or residential dwelling abutting an agricultural use is subject to the Minimum Distance Separation (MDS) calculation. The MDS calculation provides a minimum setback from abutting residential dwellings this is to minimize nuisance complaints due to odour and thereby reduce potential land use conflicts. MDS is applied to any livestock facility greater than 10 square metres in area. No new agricultural development is proposed on the retained lot however any future development may be subject to MDS. The proposal meets the intent of the Official Plan, as the severed lots comply with the minimum 1.0 hectare lot area for a residential lot. The retained lot will maintain the existing agricultural use (cash crop) which will not result in any negative impacts to adjacent properties. Zoning By-Law The subject property is zoned A2 General Agricultural in the City of Kingston Zoning By-Law Number 76-26, entitled "Township of Kingston Restricted Area By-Law", as amended. The A2 zone permits a single family dwelling on each lot and agricultural uses on lots in excess of 2.0 hectares in lot area, subject to the provisions of the A2 zone. Any new or expanded livestock or manure storage facility shall comply with the Minimum Distance Separation (MDS) calculation. Each resulting lot will comply with the minimum lot area and frontage requirements of the A2 zone. Any new development on the severed and retained lots is subject to the list of permitted uses in the A2 zone. The consent applications maintain compliance with the zoning by-law. Discussion The owner/applicant is requesting consent to sever two residential lots while retaining an agricultural lot. The purpose of the application, File Number D , is to sever a 1.17 hectare parcel of land with 124 metres of road frontage on Unity Road and 128 metres of road frontage on Battersea Road and the application, File Number D , is to sever a 1.05 hectare parcel of land with 84 metres of road frontage on Battersea Road. The retained parcel of land will have a lot area of hectares with 368 metres of frontage on the unopened road allowance of Unity Road and metres of road frontage on Battersea Road. To the north, south and west of the subject property are existing lots of similar size to the proposed severed parcels of land. Therefore, the resulting new lots will not have any negative impacts on the character of the area and will be consistent with the existing lot fabric in the area. Severances for non-farm residential purposes are permitted in the Rural designation subject to the policies found within Section of the City of Kingston Official Plan. The subject Committee of Adjustment Meeting Number 01 December 18,

13 property is located within the former Township of Kingston. Lots that are less than 120 hectares in size, as of November 6, 1997 and located within the former Township of Kingston, are permitted to have two severances. The subject property has received 3 severances which predate the above date. Therefore, if approved, no further lot creation will be permitted unless through a Plan of Subdivision. A clause is recommended to be placed in the development agreement which will be registered on title to inform future owners. The Rural designation requires a minimum lot area of 1 hectare for the creation of residential lots. Each severed lot will exceed the minimum requirement while the retained hectare parcel of land will comply with the lot area for agricultural uses. Development in the rural area is subject to the Minimum Distance Separation (MDS) calculation. New and expanding dwellings and livestock and manure storage facilities are subject to the MDS calculation. The MDS calculation provides a minimum setback from abutting residential dwellings this is to minimize nuisance complaints due to odour and thereby reduce potential land use conflicts. A clause is recommended to be placed in the development agreement which will be registered on title to inform future owners that they live in the rural area and may be subject to agricultural odours and sounds and that any new development may be subject to MDS requirements at time of Building Permit. The Parks Department requires that new residential lots be subject to Cash-in-Lieu of Parkland. The owner/applicant is required to pay $1, to the City of Kingston as cash-in-lieu of land dedication for park or public recreational purposes for each new building lot being created. The applicant shall provide a certified cheque or proof of payment to the Secretary-Treasurer, Committee of Adjustment, prior to the issuance of the consent certificate. This is recommended as a condition of approval. The application, File Number D , is located entirely within a woodlot which has been identified as a Significant Woodland and a Linkage on Schedule 8-B: Natural Heritage Area B of the Official Plan. Ecological Services prepared an Environmental Site Evaluation dated October 2, 2017, in which the potential significance of the natural features of the site were examined. It was determined that the woodland reviewed on the subject site was not significant and that the identified linkage is not, in fact, present. The proposed severed lots are therefore not anticipated to incur adverse effects on natural heritage areas and are not of concern. The Building Division has no concerns in regards to the proposed severance; however, the owner/applicant shall be aware that a Building Permit is required prior to the erection of any structures on the severed lots. Development fees and Health Unit approval will be required prior to the issuance of a Building Permit for a new dwelling. Minimum Distance Separation (MDS) shall be verified prior to the issuance of any Building Permits. A road allowance widening along the severed parcel is required to achieve the city s desired road allowance of 20 metres. As a condition of severance the owner/applicant shall provide a road widening of 10 metres from the centreline of road, to be conveyed to the city, along the entire frontage of the severed lot along 4 th Concession Road, prior to the issuance of the Certificate of Official. Committee of Adjustment Meeting Number 01 December 18,

14 The applicant shall have their surveyor verify the width of the existing road allowance and illustrate the widening as a separate part on a reference plan. The owner/applicant solicitor shall certify that the title of the municipality to the said strip is free and clear of all encumbrances of every nature and that the municipality has a good and marketable title, at the expense of the applicant. An Entrance Permit is required to gain access to the severed lot. An Entrance Permit can be obtained by contacting the Engineering Department. This can be done prior to or as part of the Building Permit application process. It is noted that the corner lot is required to have its road access from Unity Road. This is recommended as a condition in the Development Agreement. The Environmental Division has indicated that the proposed newly created residential lot will require the installation of a well or confirmation of an existing well, constructed to current standards described in Ontario Regulation 903. Due to a resultant lot density of greater than five lots per five hectares, the proponent will need to satisfy the conditions of the city s Interim Standard for Hydrogeological Assessments for water quality, quantity, interference, and well construction. The report must be completed by a professional engineer or professional geoscientist and demonstrate that conditions for water quality, quantity, interference, and well construction have been met. These conditions have also been included within the conditions of consent. KFL&A Public Health Unit commented that the severed parcel is capable of providing flexibility in siting a sewage disposal system, dependent on the proposal submitted through an application to construct a sewage system. It is the opinion of the Planning Division that the consent applications to sever two rural lots are consistent with the Provincial Policy Statement (2014) and is in keeping with the intent and purpose of the Official Plan, 2010 and Zoning By-Law Number Technical Review: Circulated Departments and Agencies Building Division Engineering Department Heritage (Planning Division) Finance Utilities Kingston Real Estate & Environmental Initiatives Fire & Rescue Kingston Hydro City s Environment Division Solid Waste Parks Development Canadian National Railways Housing District Councillor Ministry of Transportation KEDCO Municipal Drainage Parks of the St. Lawrence CRCA KFL&A Health Unit Trans Northern Pipelines Parks Canada Eastern Ontario Power CFB Kingston Hydro One Enbridge Pipelines TransCanada Pipelines Kingston Airport Placeholder Placeholder Technical Comments This application was circulated to external agencies and internal departments for their review and comment and there were no comments or concerns raised that would preclude this Committee of Adjustment Meeting Number 01 December 18,

15 application from moving forward. Any technical comments that are received after the publishing of this report will be included as an addendum to the Committee of Adjustment agenda. Public Comments George Caron, 796 Unity Road (Exhibit E Letter of Concern): Mr. Caron is concerned about the potential agricultural uses that may be established in the future on the retained parcel and the impact on his property. The subject parcel is designated Rural in the Official Plan which permits residential and agricultural uses while promoting agricultural uses in the rural area. The property is zoned A2 General Agricultural in Zoning By-Law Number which permits a single family dwelling and agricultural uses subject to the provisions of the zone. Agricultural uses are permitted on lots with a minimum lot area of 2 hectares or a specialized farm is permitted on a lot with a minimum lot area of 10 hectares in the A2 zone. The severed parcels are intended for residential development and are not large enough to permit agricultural uses. The retained parcel of land will have a lot area of hectares which could permit an agricultural use or specialized farm. Any new livestock facility or manure storage facility must comply with the Minimum Distance Separation (MDS) calculation. The MDS calculation provides a minimum buffer between a livestock facility or manure storage facility from the lot line and from abutting residential dwellings to minimize potential conflicts between the uses. At this time, the owner/applicant is not proposing any new development on the retained lot and intends to continue using the lands for cash crops. Any new development in excess of 10 square metres will require a Building Permit and compliance with the provisions of the A2 zone, which includes MDS calculations for any new or expanded livestock or manure storage facility. The subject lot is located in the rural area which is developed with a mixture of agricultural and residential uses. The proposed and intended uses of the severed and retained lots comply with the provisions of the Rural designation and the A2 zone in Zoning By-Law Number Another concern is the water quantity and quality and impacts on their existing well. The severed and retained lots are subject to a Hydro Geological Assessment for water quality, quantity, interference, and well construction. The report must be completed by a professional engineer or professional geoscientist and demonstrate that conditions for water quality, quantity, interference with abutting wells, and well construction have been met. If the condition cannot be satisfied within one year from the mailing of the Notice of Decision, then the application will lapse. Previous or Concurrent Applications There are no concurrent or relevant historic planning applications on the subject property. Conclusion Based on the foregoing discussion, the consent applications to sever two new residential lots are consistent with the Provincial Policy Statement (2014) are in keeping with the intent and purpose of the Official Plan and comply with existing zoning. Approval of the consents will result in two rural lots adjacent to similar sized residential lots which comply with the intensification Committee of Adjustment Meeting Number 01 December 18,

16 policies for the city. The new lots will not have any adverse impacts on the continued abutting agricultural and residential uses. Existing Policy/By-Law: The proposed application was reviewed against the policies of the Province of Ontario and City of Kingston to ensure that the changes would be consistent with the Province s and the city s vision of development. The following documents were assessed: Provincial Provincial Policy Statement, 2014 Municipal City of Kingston Official Plan Zoning By-Law Number Notice Provisions: A Committee of Adjustment Meeting is going to be held respecting these applications on December 18, Pursuant to the requirements of the Planning Act, a notice of Statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site 14 days in advance of the meeting. In addition, notices were sent by mail to a total number of 15 property owners (according to the latest Assessment Roll) within 60 metres of the subject property and a courtesy notice was placed in The Kingston Whig-Standard. Once a decision has been rendered by the Committee of Adjustment, a Notice of Decision will be circulated in accordance with the provisions of the Planning Act. Accessibility Considerations: Not applicable Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning, Building & Licensing Services extension 3252 Marnie Venditti, Manager, Development Approvals extension 3256 Tim Fisher, Planner extension 3215 Committee of Adjustment Meeting Number 01 December 18,

17 Other City of Kingston Staff Consulted: The application was circulated to the relevant internal departments and external agencies for review and comment. The responses to the technical circulation have been addressed in the technical review and included in this report. Exhibits Attached: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Key Map Public Notification Map Site Plan Planning Justification Letter of Concern, Caron Committee of Adjustment Meeting Number 01 December 18,

18 CONTEXT 2520 MAP UNITY RD BATTERSEA RD BATTERSEA RD UNITY RD Planning, Building & Licensing Services a department of Community Services DE LEGAT ED AUT HORIT Y CO NS ENT APPLICAT ION KEY MAP Applicant: Fotenn Consultants Inc. Owner: George Carey & Marie-Ann Carey File Number: D /D Address: 2280 Battersea Road Metres 1:8,000 LEGEND E Lands to be Retained Lands to be Severed (D ) Lands to be Severed (D ) PREPARED BY: J.Partridge DATE: 10/11/2017 Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston. Committee of Adjustment Meeting Number 01 December 18,

19 BATTERSEA RD UNITY RD Planning, Building & Licensing Services a department of Community Services DELEGATED AUTHORITY CONSENT APPLICATION PUBLIC NOTICE NOTIFICATION MAP Applicant: Fotenn Consultants Inc. Owner: George Carey & Marie-Ann Carey File Number: D /D Address: 2280 Battersea Road LEGEND Subject Property 60m Public Notice Boundary Property Boundaries 15 Properties in Receipt of Notice E PREPARED BY: K. Cruz DATE: 10/11/ Metres 1:8,000 Committee of Adjustment Meeting Number 01 December 18, Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

20 Proposed Lot Severed Parcel 1 Severed Parcel 2 Lot Area ha ( ac) ha ( ac) Frontage Unity Rd: +-124m (406 ft) Battersea Rd: +-128m (419 ft) Battersea Rd: +-84m (275 ft) Unity Road & Battersea Road Severance Sketch Retained Parcel ha ( ac) Unity Rd (unopened): +-368m (1,207 ft) Battersea Rd: 100.5m (330 ft) Legend Subject Property Proposed Lot Line Non-functioning Barn Frontage Severed Parcel 2 Driveway Entrance +-49m Retained Parcel CLIENT: Carey Family Severed Parcel 1 PREPARED BY: YL DATE: 09/28/ m KINGSTON Cataraqui Street Kingston, ON K7K 1Z7 T fotenn.com Committee of Adjustment Meeting Number 01 December 18,

21 October 4, 2017 Mr. Tim Fisher Planner, Secretary-Treasurer Committee of Adjustment City of Kingston 1211 John Counter Boulevard Kingston, ON RE: Applications for Consent to Sever Two Lots Carey Family 2280 Battersea Road Dear Mr. Fisher, Fotenn Consultants Inc. has been retained by the Carey Family to submit two applications for consent to sever two lots from their existing property at the northeast corner of Battersea Road and Unity Road in the City of Kingston, resulting in a total of three lots (two severed + one retained). The property is also identified as Part of Lots 33 and 34, Concession 6, former Township of Storrington now City of Kingston. The City has recently assigned a municipal address of 2280 Battersea Road to the subject site, as shown in the online Development and Services Hub (DASH). The subject property is designated Rural on Schedule 3-B: Land Use, in the City of Kingston Official Plan. Although not subject to an Environmental Protection Area (EPA) designation, the site is shown to possess potential Significant Woodland and a Linkage on Schedule 8-B: Natural Heritage Area B of the Official Plan. Ecological Services prepared an Environmental Site Evaluation dated October 2, 2017, in which the potential significance of the natural features of the site were examined. It was determined that the woodland reviewed on the subject site was not significant and that the identified linkage is not, in fact, present. The proposed severed lots are therefore not anticipated to incur adverse effects on natural heritage areas and are not of concern. The subject site is zoned General Agricultural Zone (A2) in the Township of Kingston Zoning By-law The A2 zone allows the creation of new residential lots on private services provided that the retained lot maintain a minimum frontage of 330 feet (100.5 metres) and that the severed lot(s) provide a minimum frontage of 200 feet (+/- 61 metres). The A2 zone also requires that the retained lot maintain a minimum lot area of five acres (two hectares) and that severed lots for residential use provide a minimum lot area of two acres (0.8 hectares). The City s Official Plan requires that new severances must provide a minimum lot area of one hectare, per Section c, in order to accommodate private servicing requirements for a well and septic system. As noted, two new lots are proposed as shown on the sketch in Appendix 1. Severed Parcel 1 is proposed to be located in the southwest corner of the site at the intersection of Battersea Road and Unity Road. This lot would provide approximately 124 metres of frontage on Unity Road and approximately 128 metres of frontage on Battersea Road, with an area of approximately 1.17 hectares. Access to this lot would be from Unity Road in order to maintain the streetscape character on the opened portion of Unity Road east of Battersea Road. Severed Parcel 2, located in the northwest corner of the property, is proposed to provide approximately 84 metres of frontage on Battersea Road and a lot area of approximately 1.05 hectares. This lot would be accessed from Battersea Road. Committee of Adjustment Meeting Number 01 December 18,

22 The Retained Parcel would maintain metres of frontage on Battersea Road in order to comply with the minimum zoning by-law requirement, as well as an approximate lot area of hectares. The lot would be accessed from Battersea Road as the applicant does not intend to seek the opening of the unopened portion of Unity Road, on which the retained lot will also provide frontage. As identified at the pre-application meeting with City staff held on June 27, 2017, the following are submitted in support of the applications: / Severance sketch showing the proposed retained and severed parcels, Fotenn, September ; / Minimum Distance Separation letter, Fotenn, September ; / Environmental Site Evaluation, Ecological Services, October ; / PIN map, dated September 19, 2016; / Two consent applications completed in DASH; / Application fees for two consent applications; / This letter. Should you have any questions or comments, please do not hesitate to contact me at x 224 or leclerc@fotenn.com. Respectfully submitted, Youko Leclerc-Desjardins, MCIP RPP Planner Fotenn Consultants Inc. Committee of Adjustment Meeting Number 01 December 18,

23 APPENDIX 1: SEVERANCE SKETCH Committee of Adjustment Meeting Number 01 December 18,