THIS IS NOT A VERBATIM REPORT

Transcription

1 CITY OF KINGSTON PLANNING COMMITTEE MINUTES MEETING NO Thursday, May 16, :30 p.m., Council Chamber, City Hall MEMBERS PRESENT Councillor Sandy Berg (Vice Chair) Councillor Kevin George Councillor Lisa Osanic Councillor Bryan Paterson (Chair) Councillor Jeff Scott MEMBERS ABSENT Councillor Liz Schell STAFF PRESENT Mr. Grant Bain, Director, Planning & Development Mr. Jason Budd, Senior Planner Ms. Cherie Mills, Manager, Policy Planning Mr. Fred Saunders, Committee Clerk Mr. Neal Unsworth, Manager, Parks Development Mr. Terry Willing, Director, Building & Licensing OTHERS PRESENT Councillor Bill Glover Councillor Jim Neill Mr. Tony Biglieri, The Biglieri Group Ltd Mr. Mike Keene, FoTenn Consultants Mr. Greg Newman Mr. John Uliana, IBI Group Approximately 30 members of the public THIS IS NOT A VERBATIM REPORT INTRODUCTION BY COMMITTEE CHAIR Councillor Paterson, Chair, explained the purpose of the meeting and read the rights and obligations afforded to the Committee members and members of the public in these public meetings. He outlined the requirements under the Planning Act associated with the Notice of Passing in these matters and the right to an appeal process to the Ontario Municipal Board.

2 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 2 PUBLIC MEETING HELD PURSUANT TO THE PLANNING ACT 6:30 p.m. APPLICATION FOR ZONING BY-LAW AMENDMENT The purpose of the public meeting is to provide general information regarding the application for a Zoning By-Law Amendment for the property municipally known as 15 Markland Street. The applicant is requesting permission to rezone the subject property to facilitate the creation of two new lots, and to retain one lot. To accommodate the proposed new lots the applicant is requesting amendments to the Zoning By-Law to reduce the minimum lot area; front yard; aggregate side yard; rear yard; and, to increase the maximum permitted lot coverage. It is proposed to construct a single family dwelling on each new lot. File No. D Zoning By-Law Amendment 15 Markland Street Applicant Lawrence vanwyngaarden Councillor Paterson, Chair, called the public meeting regarding the application for a Zoning By-Law Amendment for 15 Markland Street to order at 6:34 p.m. 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 (400 ft.) of the subject property. There were approximately 140 property owners notified by mail. A courtesy notice was placed in The Kingston Whig-Standard. Mr. Greg Newman, conducted a PowerPoint presentation regarding the application for a Zoning By-Law Amendment for 15 Markland Street. A copy of the PowerPoint presentation is attached to the original set of minutes located in the City Clerk s Department. Mr. Jason Budd, Senior Planner, informed the Committee that correspondences received regarding this application have been included in the addendum to the agenda. He noted that any further correspondence received will be included with the comprehensive report. In response to a question from Councillor Berg asking if there was a reason for the cut out at the southwest corner of the lot, Mr. Newman clarified that the cut out forms part of the existing configuration of the lot. Mr. Newman confirmed that parking would be provided by a garage. In response to a question from Councillor Scott, Mr. Newman explained that the size of the lot is consistent with existing configurations of lots in the area.

3 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 3 Councillor Paterson, Chair, provided members of the public with an opportunity to provide comments. Ms. Helen Finley expressed concerns relating to the proposed designs. She stated that the area is an important heritage area that represents a simple and honest style of architectural and that the proposed suburban design with a garage right up to the street as opposed to a veranda, would make the proposed building look out of place. She suggested that changes to the proposed façade may improve the proposed building s appearance. The public meeting regarding the application for a Zoning By-Law Amendment for 15 Markland Street adjourned at 6:54 p.m. PUBLIC MEETING HELD PURSUANT TO THE PLANNING ACT 6:30 p.m. APPLICATION FOR OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT The purpose of the public meeting is to provide general information regarding the application for an Official Plan Amendment and Zoning By-Law Amendment for the property municipally known as 2185 Perth Road. The applicant is proposing to discontinue the quarry use by removing the licence; permit the continuation of the industrial use; permit a single dwelling; and, permit recreational activities on the subject property. It is the intent to construct the single dwelling house at the peninsula into the flooded portion of the quarry and to use the flooded portion of the quarry for private recreational use. The existing maintenance and repair of heavy equipment use (Toromont caterpillar) is proposed to remain. The property is accessed from Perth Road, an arterial road. File No. D and D Official Plan Amendment and Zoning By-Law Amendment 2185 Perth Road Applicant Cruickshank Properties Corporation Agent IBI Group Pursuant to the requirements of the Planning Act, a notice of the statutory Public Meeting was provided by advertisement in the form of a sign 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 (400 ft.) of the subject property. There were approximately 10 property owners notified by mail. A courtesy notice was placed in The Kingston Whig-Standard. Mr. John Uliana, IBI Group, conducted a PowerPoint presentation regarding the application for an Official Plan Amendment and Zoning By-Law Amendment for 2185 Perth Road. A copy of the PowerPoint presentation is attached to the original set of minutes located in the City Clerk s Department.

4 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 4 Mr. Jason Budd, Senior Planner, informed the Committee that correspondences received regarding this application have been included in the addendum to the agenda. He noted that any further correspondences received will be included with the comprehensive report. Councillor Scott asked if the proposed single dwelling would use the same entrance as the neighbouring heavy equipment. Mr. Uliana replied that the same entrance would be used unless the City approves another entrance to the property. Mr. Uliana confirmed that it would be possible to create an entrance from the property to Perth Road. Councillor Paterson, Chair, provided members of the public with an opportunity to provide comments. Ms. Lorna Hendry informed the Committee that her property borders the existing quarry on the subject property. She stated that she fully supports the proposed single family use with a non-commercial use of the quarry and noted that the operations of the quarry have impacted the area in the past. She raised safety concerns relating to the height of the quarry wall and commented that she hopes to see the height addressed. She mentioned the large body of water at the quarry and said that she hopes to see the applicant take steps to protect the water. Mr. Uliana indicated that plans have been submitted relating to the repair of natural resources and the City has received comments from the Ministry of Natural Resources as part of the rehabilitation plan. The public meeting regarding the application for an Official Plan Amendment and Zoning By-Law Amendment for 2185 Perth Road adjourned at 7:15 p.m.

5 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 5 PUBLIC MEETING HELD PURSUANT TO THE PLANNING ACT 6:30 p.m. APPLICATION FOR ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION The purpose of the public meeting is to provide general information regarding the applications for a Zoning By-Law Amendment and Draft Plan of Subdivision for the property municipally known as 999 Purdy s Mill Road. The applicant is requesting permission to subdivide the subject property to facilitate the construction of 3 residential apartment towers ranging in height from 18 to 20 storeys. The proposed development will be accessed from Old Mill Road, a local road. This is the second public meeting for this property. The applicant has revised the applications from their previous proposal by removing the future phases from the development proposal (3 multiple family blocks and approximately 117 single detached dwelling lots) and requesting permission to develop the first 3 multiple family residential blocks. File No. D and D Zoning By-Law Amendment and Draft Plan of Subdivision 999 Purdy s Mill Road Applicant Homestead Land Holdings Agent IBI Group Councillor George did not participate in the public meeting for the application for a Zoning By-Law Amendment and Draft Plan of Subdivision for 999 Purdy s Mill Road, due to a pecuniary interest. Pursuant to the requirements of the Planning Act, a notice of the statutory Public Meeting was provided by advertisement in the form of a sign 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 (400 ft.) of the subject property and a courtesy notice was placed in the Kingston Whig-Standard. Mr. John Uliana, IBI Group, conducted a PowerPoint presentation regarding the application for a Zoning By-Law Amendment and Draft Plan of Subdivision for 999 Purdy s Mill Road. A copy of the PowerPoint presentation is attached to the original set of minutes located in the City Clerk s Department. Mr. Jason Budd, Senior Planner, informed the Committee that correspondences received regarding this application have been included in the addendum to the agenda. Mr. Budd explained that an incorrect copy of Exhibit D, Draft Plan of Subdivision, was included with Report No. PC He provided the Committee with the correct copy of Exhibit D, explaining the applicant s deletions of blocks and lots from the earlier proposed plans. In response to a question from Councillor Osanic regarding the proposed parking and emergency access, Mr. Uliana indicated that there would be emergency access from

6 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 6 Purdy Mill s Road, but that the exact location would need to be approved by the City. He said that the 30 metre buffer will also be addressed through the approval process. Councillor Osanic referred to block 7 and the proposed parkland conveyance of wetland and asked who would pay for the proposed conversion. Mr. Uliana replied that the developer would cover the costs to convert block 7 to parkland. Mr. Uliana confirmed that the proposed 30 metre buffer zone would include 4 season buffering such as coniferous trees. Councillor Berg expressed concerns relating to emergency access once the area has been fully built up with an estimated 5000 vehicles per day. Mr. Uliana explained that the road can easily handle the estimated amount of vehicle traffic. He indicated that the emergency access is a precautionary measure and that once the roadway has been connected to Cataraqui Woods Drive the emergency access would no longer be required. Councillor Berg referred to the elementary schools located nearby in Strathcona Park and asked if school buses would have easy access to the subdivision. Mr. Uliana indicated that the school board has not shown interest in the proposed development, but that a turning area has been included to allow the turning of buses and other large vehicles such as snow plows. Councillor Scott asked that since the heritage impact statement cites Mount Pleasant Cemetery as a place where high rise residential development has occurred next to a cemetery, could Mr. Uliana please describe what measures were taken to protect the cemetery. Mr. Uliana stated that he was not familiar with either the Heritage Impact statement or the development next to Mount Pleasant Cemetery. Councillor Scott proceeded to describe the measures that were taken and he asked the consultant that since the Heritage Impact statement cited Mount Pleasant Cemetery would the developer be willing to take the same measures with this application. Mr. Uliana replied that this is a matter that he would have to review with the applicant. Councillor Scott asked for clarity on the type of commercial zoning proposed along Old Mill Road. Mr. Uliana explained that the zoning is considered arterial commercial which would include uses such as big box commercial stores, but that the zoning may change to other commercial zoning to match more likely uses. Councillor Scott spoke to the far distances to grocery stores and asked how pedestrian uses have been considered. Mr. Uliana estimated that the closest grocery store would be within a 15 minute walk away and indicated that sidewalks exist in the area for pedestrian uses. Councillor Scott expressed concerns with the balance of residential uses within the neighbourhood and asked if mixed residential uses have been considered for the proposed development. Mr. Uliana indicated that there has been the inclusion of both medium and low density uses in the area. He explained that due to the restrictions of the site, it was concluded that the proposed residential uses would be best for the site.

7 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 7 Councillor Scott asked if a secondary plan for the area has been considered to allow future roadways to be addressed. Mr. Uliana explained that the applicant has moved forward in accordance with the Official Plan and policies that are currently available. Councillor Scott referred to the proposed development s proximity to the Cataraqui Cemetery and questioned why the proposed buildings need to be at the proposed heights. Mr. Uliana indicated that the designs have been subject to a heritage study, a peer review, and City staff reviews. He said that it was felt that the peer review was an accurate source to reference and that he believes the designs are appropriate. Councillor Paterson, Chair, provided members of the public with an opportunity to provide comments. Mr. Frank Mills spoke for the Cataraqui Cemetery Board of Trustees. He expressed concerns relating to the impacts on the neighbouring cemetery, including shadowing, loss of privacy, noise and dust, traffic, and the ability to enjoy the cemetery as an area of tranquility. He said that the proposed trees would take 50 years to provide buffering for an 8 storey building and he questioned the compatibility of the proposed development with the surrounding area. He questioned why a cultural impact statement was not reviewed as part of the application process and spoke to the potential heritage designation for the cemetery. He said that an 8 storey tower would have historical and cultural impacts on the cemetery and its picturesque characters. He said that the cemetery needs to remain financially viable and cautioned that when the cemetery can no longer provide services it may need to be transferred over to the City to manage, impacting the municipality financially. Mr. Andre Duchesneau questioned how the proposed development could be deemed appropriate when located next to a heritage site where the first prime minister, war veterans, and loved ones have been laid to rest. He referred to Homestead Holdings developments on Barrett Court, stating that green spaces have not been protected. He said that the priority of builders should be the protection of heritage, green spaces, the environment, wildlife, the skyline, and the quality of life. He suggested that the maximum height of any building around a cemetery should be 4 stories. He said that he personally visits the Cataraqui Cemetery and said that it is a tranquil place to pray, reflect, and find some solace, peace, and calmness. I copy of Mr. Duchesneau s speaking notes is attached to the original set of minutes located in the City Clerk s Department. Ms. Helen Finley spoke in opposition of the proposed development. She questioned why Homestead Holdings would propose a high-rise building on this site when they have many other sites that would be proper locations for such a development. She expressed concerns relating to the impacts on the Cataraqui Cemetery, surrounding neighbourhood, and wetlands. Councillor Glover asked if the pending appeal regarding the heritage designation for the Cataraqui Cemetery would have an impact on the timing of this application. He referred to a past zoning ruling made by the Ontario Municipal Board (OMB) and asked if the City has the ability to amend or change a ruling made by the OMB. He asked if the proposed parkland dedication is in accordance with the recently adopted parkland dedication by-law,

8 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 8 questioning if an Environmental Protection Area (EPA) has been included within the proposed parkland. Mr. Bain indicated that the pending appeal falls under a separate process and that staff s position in reviewing the application has been to consider the Cataraqui Cemetery as a protected area defined by the submitted cultural heritage impact statement. Mr. Budd explained that zoning which has been approved by the OMB can be changed under City Council authority if a new application comes forward as a recommendation to City Council. He indicated that the Official Plan states that the municipality should not accept EPA lands for parkland dedication. The public meeting regarding the application for a Zoning By-Law Amendment and Draft Plan of Subdivision for 999 Purdy s Mill Road adjourned at 8:18 p.m. PUBLIC MEETING HELD PURSUANT TO THE PLANNING ACT 6:30 p.m. APPLICATION FOR ZONING BY-LAW AMENDMENT The purpose of the public meeting is to provide general information regarding the application for a Zoning By-Law Amendment for the property municipally known as 1905 John Counter Boulevard and 225 Purdy s Court. The applicant is requesting permission to rezone the subject property to permit a landscaping business to continue to operate on the property along with the single-family dwelling house. File No. D Zoning By-Law Amendment 1905 John Counter Boulevard and 225 Purdy s Court Applicant Pyke Farms Landscaping Products 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 (400 ft.) of the subject property. There were approximately 21 property owners notified by mail. A courtesy notice was placed in The Kingston Whig-Standard. Mr. Mike Keene, FoTenn Consultants, conducted a PowerPoint presentation regarding the application for a Zoning By-Law Amendment for 1905 John Counter Boulevard and 225 Purdy s Court. A copy of the PowerPoint presentation is attached to the original set of minutes located in the City Clerk s Department. Mr. Budd informed the Committee that correspondences received regarding this application have been included in the addendum to the agenda and that any further

9 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 9 correspondences received will be provided with the comprehensive report at a future meeting. Councillor Osanic asked if the noise study used for the application was completed in November. Mr. Keene confirmed that the noise study was completed in November, explaining that the timing reflects when the applicant became aware of the requirement for a noise study. He noted that the study was completed during the applicant s pile up time when many machines are operating at one time. Councillor Osanic commented that it is disappointing that the noise study was not completed during a peak business time when trucks are entering and exiting the property. Councillor Osanic asked if a berm could be located to the northwest to filter noise away from the neighbouring homes. Mr. Keene replied that the applicant could review the option. Councillor Scott asked if there are water and sewer services located on the property. Mr. Keene confirmed that there are water and sewer services. He said the Pyke Farms uses metered water for their operations to reduce dust. Councillor Paterson, Chair, provided members of the public with an opportunity to provide comments. No members of the public provided comments. The public meeting regarding the application for a Zoning By-Law Amendment for 1905 John Counter Boulevard and 225 Purdy s Court adjourned at 8:36 p.m.

10 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 10 PUBLIC MEETING 6:30 p.m. REQUEST TO INSTALL A COMMUNICATIONS TOWER The applicant is requesting approval for a 46 metre (153 foot) monopole wireless communications tower and shelter within a 10m by 10m compound to be constructed at the south side of the CN right-of-way at the northwest extension of Station Street. As per City policies, for new communication towers, a public forum is required to be held by the Planning Committee. Notice of the meeting has been sent to landowners within 120 metres of the subject property and signage has been posted on the subject lands. As the communications tower is federally regulated, public consultation is required by Industry Canada and the final approval for the tower will be issued by Industry Canada. File No. D Application for Site Plan Control Request to Install a Communications Tower Station Street, Kingston West Applicant The Biglieri Group Ltd. Signage advising of the site plan application has been posted on the subject property. A notice of Public Forum (Exhibit H or Report No. PC )) was mailed to approximately 60 property owners within 120 metres of the proposal as well as published in The Kingston Whig-Standard. Mr. Tony Biglieri, The Biglieri Group Ltd., conducted a PowerPoint presentation regarding the request to install a communications tower. A copy of the PowerPoint presentation is attached to the original set of minutes located in the City Clerk s Department. Mr. Grant Bain, Director of Planning & Development, explained that communications towers are regulated by the Federal Government and that the purpose of the public meeting is to allow an opportunity for public comments to be forwarded to Industrial Canada for further consideration. Councillor Osanic asked what would happen to the proposed communications tower if a derailed train were to collide with the tower. Mr. Biglieri indicated that the pole is quite slim and would likely brake. He noted that he has never seen such an incident occur. Councillor Paterson, Chair, provided members of the public with an opportunity to provide comments. Mr. Clark Day spoke in opposition of the proposed communications tower. He expressed concerns related to the removal of trees and potential health hazards that would affect surrounding homes and schools. He was concerned with children being able to climb over the proposed fencing. He disagreed that landscaping would provide adequate buffing for a 40 metre tower. He said that airport regulations could change again, resulting in the tower not complying with future airport regulations and causing a disturbance to air traffic. He said that the tower provides no value to the local community

11 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 11 and may lower surrounding property values. A correspondence submitted by Mr. Day was included in the addendum to the agenda. Mr. Tony Biglieri clarified that trees would be removed only to provide access to the site and explained that there are many studies available that have proven that there would be no impact on health. He explained that the fencing would include barbed wiring for additional security. The public meeting regarding the request to install a communications tower adjourned at 8:59 p.m. Regular Planning Committee Meeting No MEETING TO ORDER Councillor Paterson, Chair, called the meeting to order at 8:59 p.m. APPROVAL OF THE AGENDA Moved by Councillor Berg Seconded by Councillor Osanic THAT the agenda be amended to include the addendum, and as amended be approved. CARRIED CONFIRMATION OF MINUTES There were no minutes to confirm. DISCLOSURE OF PECUNIARY INTEREST Councillor George declared a possible pecuniary interest for Report No. PC regarding the application for a Zoning By-Law Amendment and Draft Plan of Subdivision for 999 Purdy s Mill Road, as his company has been retained by the applicant. DELEGATIONS There were none. BRIEFINGS There were none.

12 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 12 BUSINESS a) Application for Site Plan Control Report No. PC (File No. D ) Request to Install a Communications Tower Station Street, Kingston West Applicant The Biglieri Group Ltd. Councillor Osanic asked if wooden fencing could be used as opposed to chain linked fencing and asked if additional landscaping could be proposed to improve buffering. Mr. Bain explained that this is a federally regulated development, but that the municipality could suggest additional requirements such as landscaping to improve buffering. He noted that chain linked fencing may be a requirement to provide visibility into the facility. Councillor Osanic stated that she does not support the request for a communications tower at the proposed location. Councillor George commented that he hopes the applicant would follow safety standards such as the use of chain linked fencing with small openings to prevent climbing. Moved by Councillor Berg Seconded by Councillor George THAT pursuant to the requirements of Industry Canada for consultation with the City of Kingston, prior to the licensing of significant antenna structures and subject to the comments which are received at the public forum, the Planning Committee advise Industry Canada that it has no objections to the location of the 46 metre (153 foot) monopole wireless communications tower, to be constructed on the south side of the CN Rail Line at the northwest extension of Station Street subject to CN, SBA and the City of Kingston entering into the Unopened Road Allowance Access and Improvement Agreement. CARRIED b) Comprehensive Report No. PC (File No. D ) Application for Zoning By-Law Amendment 776 Hillside Drive and 771 Mona Drive Applicant Alf Boyce and Marie Fellows Moved by Councillor George Seconded by Councillor Scott THAT it be recommended to Council that the application for Zoning By-Law Amendment (Our File No. D ) submitted by Alf Boyce and Marie Fellows, for the property municipally known as 776 Hillside Drive and 771 Mona Drive, BE APPROVED; and THAT the former Township of Kingston Zoning By-Law No , as amended, be further amended as follows:

13 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page Map 4 of Schedule A, as amended, is hereby further amended by changing the zone symbol of the subject site from R1-1-T to R1-68, as shown on Schedule A attached to and forming part of By-Law No That the By-Law be amended by deleting subsection 12(4) Temporary Zones in its entirety. 3. That the following be added as Section 12(3)(bl) of the By-Law: (bl) R1-68 (776 Hillside Drive & 771 Mona Drive) Notwithstanding the provisions of Section 5 and Section 12 hereof to the contrary, the lands designated R1-68 on Schedule A hereto, the following regulations shall apply: (i) ADDITIONAL PERMITTED USE: (a) (b) A second dwelling unit is permitted in a detached building, with a maximum gross floor area of 75 square metres and a maximum height of 6.0 metres. All other dwelling units of any kind are prohibited. (ii) LOT AREA (minimum): 557 square metres (iii) LOT FRONTAGE (minimum): 16.7 metres (iv) YARDS: For the purpose of the R1-68 zone the required yards are defined as: Front Yard Rear Yard Exterior Side Yard Rear yard depth (minimum): Abutting Hillside Drive Abutting Mona Drive Abutting Hudson Drive 11.0 metres (v) (vi) ACCESSORY BUILDINGS: No accessory buildings shall be located in any required front yard; required exterior side yard; or, required rear yard. DRIVEWAYS: A maximum of two driveways are permitted on the property, each with a maximum width of 6.0 metres, with a maximum of one driveway per public road. ; and THAT the Amending By-Law be presented to City Council for all three readings. CARRIED

14 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 14 c) Comprehensive Report No. PC (File No. D ) Application for Zoning By-Law Amendment 464 Frontenac Street and Princess Street Applicant King s Town Development Corporation Agent FoTenn Consultants Inc. Mr. Budd informed the Committee of a correction to Exhibit C of Report PC He explained that Exhibit C should be a revised site plan which has increased the setback of the proposed building from the south property line from approximately 4 metres to the face of the building, to approximately 7 metres. He noted that the parking configuration on the commercial lot was amended to accommodate the encroachment of the entrances of the proposed building. A copy of the revised Exhibit C was provided to the Committee. Moved by Councillor Berg Seconded by Councillor George THAT it be recommended to Council that the Application for Zoning By-Law Amendment (Our File No. D ) submitted by FoTenn Consultants Inc., on behalf of King s Town Development Corp, for the properties municipally known as 464 Frontenac Street and Princess Street, BE APPROVED; and THAT it be recommended to Council that the former City of Kingston Zoning By-Law No. 8499, as amended, be further amended as follows: 1. By-Law No of The Corporation of the City of Kingston, entitled Restricted Area (Zoning) By-Law of The Corporation of the City of Kingston, as amended, is hereby further amended as follows: 1.1. Map 19 of Schedule A, as amended, is hereby further amended by changing the zone symbol of the subject site from One and Two Family Dwelling A Zone to Special Commercial C.422 Zone, from Special Commercial C.125 Zone to a Special Commercial C.422 Zone and from Commercial C Zone to Special Commercial C.422 Zone, as shown on Schedule A attached to and forming part of By-Law No By Adding a new subsection 422 thereto as follows: (422) C.422, 464 Frontenac Street and Princess Street Notwithstanding the provisions of Section 5 and 20 hereof to the contrary, the lands designated C.422 on Schedule A hereto, the following regulations shall apply: i) 464 Frontenac Street Permitted uses shall be limited to: a) a 21 residential dwelling units building; and b) a home occupation. ii) Front Yard Setback:

15 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 15 a) 574 Princess Street shall be a minimum setback of 4.7 metres; b) 464 Frontenac Street shall be a minimum setback of 1.6 metres. iii) iv) Side Yard and Rear Yard Setback: a) 464 Frontenac Street minimum setback from south property line shall be 7.3 metres; b) 464 Frontenac Street minimum setback from north property line shall be 0.0 metre; c) 464 Frontenac Street minimum setback from west property line shall be 2.1 metres. Parking Dimensions: a) Standard parking space: 2.6 x 5.2 metres; b) Barrier free parking space 3.7 x 5.2 metres; c) Minimum isle width shall be 6.1 metres. v) Parking Spaces: a) Minimum number of total parking spaces shall be 51; b) Minimum number of barrier free parking spaces shall be 4. vi) Play Space Area: 0.0 square metres. vii) Amenity Space Area: minimum amenity space area shall be 1265 square metres. viii) ix) Amenity Area, means the area situated within the boundaries of any residential development site intended for recreation purposes, and may include landscaped open space, patios, private amenity areas, balconies, communal lounges, swimming pools, Children s Play Areas, and similar uses, but does not include any area occupied at grade by a building s service areas, parking areas, parking aisles or driveways. The average number of bedrooms shall not exceed 3.5 bedrooms per unit. x) The maximum number of bedrooms per unit shall be 4. Additional bedrooms per unit are prohibited. xi) xii) BEDROOM: shall mean any room within a residential unit that is suitable to be used as a sleeping room under the Ontario Building Code, and which for greater certainty does not include: (i) (ii) Common areas open to all occupants of the unit; Areas used for sanitary (such as a washroom) or cooking purposes (such as a kitchen); and (iii) Areas occupied by mechanical equipment, such as furnaces, hot water heaters and laundry equipment. Encroachment:

16 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 16 a) 464 Frontenac Street the minimum encroachment into the required front yard for porches, decks, steps and verandas, covered or uncovered shall be 1.6 metres. xiii) xiv) A planting strip, a minimum 3.0 metres in width, shall be established along the full extent of the south property line of 464 Frontenac Street and a planting strip shall be used for no other purpose than planting a row of trees or a continuous unpierced hedgerow of evergreens or shrubs, not less than 1.5 metres high, immediately adjacent to the lot line or portion thereof along which such planting strip is required hereunder; the remainder of the strip shall be used for no other purpose than the planting of ornamental shrubs, flowering shrubs, flower beds or a combination thereof. A fence shall not be considered a planting strip for the purpose of zone interpretation. The properties within this zone shall be treated as a single parcel for the purpose of zone interpretation. 2. THAT the Zoning By-Law Amendment be presented to City Council for all three readings. CARRIED d) Planning Report No. PC (File No. D ) Application for Site Plan Control Approval Johnson Street Applicant Nadine Azran Moved by Councillor Berg Seconded by Councillor Osanic THAT the application for Site Plan Control Approval (Our File No. D ) submitted by the IBI Group on behalf of Nadine Azran with respect to Johnson Street, requesting approval for the construction of a four-unit, 18 bedroom residential building, be APPROVED IN PRINCIPLE; and THAT the application be referred back to staff and that the Director of Planning and Development be authorized to issue final approval subject to: (a) All outstanding technical issues being resolved to the satisfaction of the City; (b) The Owner entering into a Site Plan Control Agreement with the City which shall list the approved plans and any special municipal conditions pertaining to the development; and (c) The Owner submitting the required financial security. CARRIED

17 May 16, 2013 at 6:30 p.m. in Council Chamber, City Hall Page 17 MOTIONS There were none. NOTICES OF MOTION There were none. OTHER BUSINESS There were none. CORRESPONDENCE Correspondences were included in the addendum to the agenda. DATE OF NEXT MEETING The next meeting of the Planning Committee is scheduled to be held on Thursday, June 6, ADJOURNMENT Moved by Councillor Berg Seconded by Councillor Osanic THAT the meeting of the Planning Committee adjourn at 9:12 p.m. CARRIED