CITY OF KINGSTON REPORT TO PLANNING COMMITTEE

Transcription

1 CTY OF KNGSTON REPORT TO PLANNNG COMMTTEE Report No.: PC TO: FROM: RESOURCE STAFF: Chair and Members of Planning Committee Cynthia Beach, Commissioner, Sustainability & Growth Grant C. Bain, Director, Planning and Development Department DATE OF MEETNG: December 1, 2011 SUBJECT: PUBLC MEETNG REPORT (File No. D ) Application for Zoning By-Law Amendment David V. Craig 1264 Channelview Road EXECUTVE SUMMARY: The purpose of this report is to provide general information regarding an application for Zoning By-Law Amendment which has been submitted by David V. Craig with respect to 1264 Channelview Road. The applicant is proposing to create two single family residential lots. Amendments to the Zoning By-law are requested to rezone the property to a site specific Estate Residential zone and to reduce the required lot frontage requirement for each lot. The attached report provides information on the proposed amendments to Zoning By-Law No AUTHORZNG SGNATURES: Cynthia Beach, P.Eng., MCP, RPP, Commissioner, Sustainability & Growth Group Gerard Hunt, Chief Administrative Officer CONSULTATON WTH THE FOLLOWNG COMMSSONERS: Lanie Hurdle, Community Services N/R Denis Leger, Transportation, Properties & N/R Emergency Services Jim Keech, President and CEO, Utilities Kingston N/R (N/R indicates consultation not required) K:\D14_Zoning Applications\2011 Applications\ _1264 Channelview Road\PC _1264 Channelview Road_PH.doc 11

2 REPORT TO PLANNNG COMMTTEE Report No. PC December 1, Page 2 - OPTONS/DSCUSSON: On October 19, 2011, a Zoning By-Law Amendment application was submitted by David V. Craig for the purpose of amending the existing Restricted Rural (A1) zone in order to permit two single family residential lots. Concurrently, an application for Consent (D ) has been submitted. n accordance with By-Law No , a Pre-consultation meeting between the applicant and various departments and agencies was conducted on June 21, On October 31, 2011, the Zoning By-Law Amendment application was deemed complete, in accordance with the Planning Act. The subject property is located on the east side of Channelview Road and is municipally known as 1264 Channelview Road (see Exhibit A - Key Map). The site is 2.3 hectares in area and is currently undeveloped lands. The subject property is located in an estate residential area with single family dwellings to the north, east and west. A private park abuts the site to the west. The St. Lawrence River is located to the south. The site is designated Estate Residential and Environmental Protection Area in the Official Plan and zoned Restricted Rural (A1) in the Township of Pittsburgh Zoning By-law No The applicant is proposing to create two single family residential lots. Amendments to the Zoning By-Law are requested to rezone the property to a site specific Estate Residential zone and to reduce the required lot frontage requirement for each lot. (see Exhibit B Conceptual Site Plan). n support of the application, the applicant has submitted the following: Conceptual Site Plan; Tree nventory; Environmental mpact Study; and, Archaeological Report. Anyone who attends the Planning Committee public meeting may present an oral submission, and/or provide a written submission on the proposed amendment. Also, any person may make written submissions at any time before City Council makes a decision on the application. f a person or public body does not make oral submissions at a Public Meeting or make written submissions to the City of Kingston before the application is approved, the person or public body is not entitled to appeal the decision of the City of Kingston to the Ontario Municipal Board. f a person or public body does not make oral submissions at a Public Meeting or make written submissions to the City of Kingston before the By-Law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. 12

3 REPORT TO PLANNNG COMMTTEE Report No. PC December 1, Page 3 - Anyone wishing to be notified of Council s decision on the subject amendment must submit a written request to: Karen Fraser, Senior Planner The Corporation of the City of Kingston 216 Ontario Street KNGSTON, Ontario, K7L 2Z3 Planning Committee will consider a comprehensive report and recommendation from the Planning and Development Department, respecting the subject application, at a future meeting. The Committee will make its recommendation to City Council at that meeting. The decision of City Council will be final unless appealed. All persons who made oral or written submissions, or have requested notification in writing, will be given written notice of the future meeting(s) of Planning Committee at which the subject application will be considered. EXSTNG POLCY/BY-LAW: The subject site is designated Estate Residential and Environmental Protection Area in the City of Kingston Official Plan (see Exhibit C - Existing Official Plan designation). The Estate Residential designation is intended for detached houses or common recreation or open space areas. The Environmental Protection Area designation is intended primarily for the preservation and conservation of land and the natural environment. Uses within the Environmental Protection Area are limited to those related to open space, conservation or flood protection. The site is zoned Restricted Rural (A1) (see Exhibit D - Existing Zoning). The uses permitted in a Restricted Rural (A1) Zone include an accessory dwelling house, detached single family dwelling house, cemetery, farm, but not including a specialized farm, farm produce outlet; home occupation, and public use. n accordance with By-Law No , the site is not subject to Site Plan Control. NOTCE PROVSONS: 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. A Notice of Public Meeting regarding this application was also sent by first class mail to all property owners within 120 metres of the subject property. There were approximately 30 property owners notified by mail. n addition, a courtesy notice was published in The Kingston Whig-Standard. At the time of the writing of this report, one letter was received and is attached in Exhibit E. This letter and any further responses received will be addressed in the technical review and included 13

4 REPORT TO PLANNNG COMMTTEE Report No. PC December 1, Page 4 - in the comprehensive report to a future Planning Committee meeting. This report was made available to the public prior to the meeting. ACCESSBLTY CONSDERATONS: Any accessibility concerns will be identified in the comprehensive report to a future Planning Committee meeting. FNANCAL CONSDERATONS: No financial implications are considered in this report. CONTACTS: Karen Fraser, Senior Planner, Development Approvals, , ext. 3287; Marnie Venditti, Manager, Development Approvals, , ext 3256; and, Grant C. Bain, Director, Planning & Development Department, , ext DEPARTMENTS/OTHERS CONSULTED AND AFFECTED: The application has been circulated to a number of internal departments and external agencies for review and comment. The responses to the technical circulation will be addressed in the technical review and included in the comprehensive report to a future Planning Committee meeting. EXHBTS ATTACHED: Exhibit A Key Map; Exhibit B Conceptual Site Plan; Exhibit C Existing Official Plan designation; Exhibit D Existing Zoning; and, Exhibit E Public Comment. 14

5 HOWE SLAND FERRY RD DETAL 1346 ASPEN ST 2343 KEY MAP MDDLE RD Exhibit A JOYCEVLLE RD 18 HWY Subject Lands DRFTWOOD DR CHANNELVEW RD Planning & Development a department of Sustainability & Growth PREPARED BY: A. Adams DATE: November 1, 2011 THE CORPORATON OF THE CTY OF KNGSTON PLANNNG & DEVELOPMENT DEPARTMENT KEY MAP Applicant: David V. Craig File Number: D Address: 1264 Channelview Road Legal Description: CON 1 PT LOT 17 ST. LAWRENCE RVER ARN: Meters Legend Subject Lands Disclaimer: This document is subject to copyright and may only be used for your personal, non -commercial use provided you keep intact the copyright notice. The City of Kingston assumes no 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, likely results or reliability of the use of the information contained in this document. C 2010 The Corporation of the City of Kingston.

6 Exhibit B SKETCH to LLUSTRATE PROPOSED SEVERANCE c: BULDNG ENVELOPES PART 01 LOT 17, CONCESSON 1 Geographic Township of Pittsburgh CTY 01 KNGSTON COUNTY 01 FRONTENAC SCAU-1:600 o BOP/lNS. COR.BR C11''f'1' SURvzmQ CONSlLf'Alfl'S NC. -R011- JlETRlC DUlanMs SAoum em TMa "'-.. (ft." _ k C_nd to,.,,,1,' ~,,,,' \, ~o... ~", :,' \,,, ",, (,,,... : h ~ ~, Building Envelope i i Retained Lands \ Area.=t2572 sq.m :,, --{~!~tctf!?fl.. ~;i:ifl:: tiel ({~-:?) \ : 0226 (LT) : \ 1 7 ",_----J, \ ",\ t " ",'... ;;'J~4... :-4f/'; :i.. -:!.. ~,: ~:-ii,"._, -. w. _.,/ '\ "ij! N / \,' \... --_ \ //' / \, / ~J.eJN /1 / Noms: ",1S:ltrW 1:1 UNDa Al'l'UCAfO "'" ZtJO sr-a. A.ND./f' rtd rv untlc'rd UW..oN. (A.) rv ft7'am UflMNrAJ..oN. (M). ",. 'twwt: "'" ft7'am UflD6fUJ. "'... ~ rv C'.6m ",1:1 :tlfr:. " Ulllt ",. tt.,..~ JUrU.U UrU rtd 'U '"!lu1ww sr lalla Nn - C & AlfU.",.".."....n AND at&fu ffnouf' NUfT tv ACnw. na!u1tttr. :nrtc( rv.. COnR.D 'UM rv ~. UfmND: ills SllS S Ct (m) (".). 16

7 RETREAT LANE Exhibit C HWY 2 ASPEN ST HOWE SLAND FERRY RD LANDNG DR DRFTWOOD DR ALDER ST CHANNELVEW RD SUBJECT LANDS 1264 Channelview Road Current Designation: Estate Residential & Environmental Protection Area LEGEND RESDENTAL ESTATE RESDENTAL RESDENTAL COMMERCAL ARTERAL COMMERCAL CENTRAL BUSNESS DSTRCT DSTRCT COMMERCAL MAN STREET COMMERCAL REGONAL COMMERCAL EMPLOYMENT ARPORT BUSNESS PARK NDUSTRAL GENERAL NDUSTRAL WASTE MANAGEMENT NDUSTRAL RURAL MNERAL RESOURCE AREA PRME AGRCULTURAL AREA RURAL AREA RURAL COMMERCAL RURAL NDUSTRAL OTHER DEFERRED AREA ENVRONMENTAL PROTECTON AREA NSTTUTONAL OPEN SPACE SECONDARY PLAN AREA THE CORPORATON OF THE CTY OF KNGSTON Official Plan for the City of Kingston Schedule 3-A, Existing Land Use Legend Subject Lands SCALE Planning & Development a department of Sustainability & Growth PREPARED BY: A. Adams DATE: Nov 1, 2011 K:D14/2011/D _ExistingOP Applicant: David V. Craig File Number: D Address: 1264 Channelview Road Legal Description: CON 1 PT LOT 17 ST. LAWRENCE RVER ARN: C metre :10,000 Disclaimer: This document is subject to copyright and may only be used for your personal, non -commercial use provided you keep intact the copyright notice. The City of Kingston assumes no 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, likely results or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

8 18 Exhibit D

9 Exhibit E Mr. Grant Bain Director, Pl anning and Developm ent City of Kingston 216 Ontario Street Kingston, ON K7l2Z3 RECEVED DCT PLANNNG & DEVElOPMENT DEPARTMENT CTY OF KNGSTON Regarding: deve lopment of PT. lot 17. Concession Channelview Road Dear Sir: spoke with Mr. Bill Campbell, who told me that he is applying for a rezoning to Estate Res idential Zoning and subdivision of the lot mentioned above for his son-in-law David Craig. As owners of l ot 48, and also as co-owners with forty-two others in the Whitmount Estate subdivision of Block X (both adjacent to the property), have a number of questions regarding th is development. 1. According to the Pittsburgh Township Zoning By-law section 7 (2) the minimum lot Frontage for ER zoning is 36.5 m, i.e ft. The lot mentioned above has a frontage of 126 ft on Channelview Rd. How is it then possible that the lot ca n be subdivided? Should the lot not have to have a frontage of 240 ft. in ord er for a subdivision to be possible? 2. What circumstances make it possible to circumvent the zone provision? 3. Will the City of Kin gston inform the owners of neighboring lots about the application? Will all forty-two co-owners of the adjacent Bl ock X be notified? 4. As the property is adjacent to the Bateau Channel, are the current owners required to get permission from the CRCA to subdivide? When citizens buy a property, they expect that the existing zoning laws will be applied in t he future unless common interest leads to an exception. As a subdivision does not serve common interest in this case, question why a subdivision would be allowed. ndeed Ms Suza n Henry the real Estate agent of the property told us that subdivision would not be allowed, firstly because there was not enough frontage and secondly because according to the CRCA about 2/3 of the property of the property cannot be built on. am co nce rned that a subdivision will negatively impact on my enjoyment of the Estate Residence provisions, such as adequate separation between drive ways and the perimeters of neighboring properties. A major attraction of my house at the time of purchase was that was assured that the empty Pt. lot 17 behind the house could not be subdivided as its 19

10 Exhibit E frontage at Channel view Road is only 126 ft. have learned that the proposed subdivision will entail a long driveway along the perimeter of my lot. This driveway will come close to my house and diminish to a large extend the Estate Residential zoning character of my lot. n particular the privacy of my backyard would be seriously decreased and noise pollution from traffic in the driveway may be significa nt. would very much appreciate any assistance from you in alleviating my concern s, Yours sincerely, Dr. Pier J. Schurer 1323 Channelview road Kingston ON K7L 4Vl Enclosures: (RCA report Maps cc Brian Reitzel, Councillor City of Kingston Dr. C. Muivenna, Secretary of the Whit mount Estate Association. 20

11 J Exhibit E.. s~ '~, to-., 49 i u.~ 0.. z.. 1, ~ '" N " '", 0 ". ~ z L ,.1. " " 48 g g.. ~ '~ 0 ' <i- J o ~ o, ' 0 : \, : J y "!:., ~..,. t \ 0 " ' t,.), ' ( PLAN of' PARi LOTS " J / )F SUBDVSON -- OF on '17. CONCF~SON

12 Exhibit E CATARAQU REGON CONSERVATON AUTHORTY 1641 Perth Road, P.O. Box 160 G\enburnic. Ontario KOH 1$0 Phone: (613) Fax: (613) E mail : crca@cataraquiregion.on.ca Website: May 27, 2008 File: OPS SENT BY FAX AND REGULAR MAL Ms. Susan Henry Royal lepage Realty 640 Cataraqui Woods Drive Kingston, Ontario K7P2Y5 Dear Ms. Henry: RE: DEVELOPMENT NQURY - ONTARO REGULATON 148/06 PT. LOT 17, CONC.l BROKEN FRONT;-H'7&.CHANNELVlEW DRVE CTY OF KNGSTON (pttsburgh) 'c)'''''f WATERBODY: ST.LAWRENCE RVER Staff of the Cataraqui Region Conservation Authority (CRCA) are writing in response to your inquiry (dated May S, 2(08) about a proposed shore wall, filling, and development of. dwelling and septic system on the above noted property as it relates to Ontario Regulation 148/06 - Development, nterference with Wetlands & Alterations to Shorelines and Watercourses. You have provided us with a copy of a drawing that illustrates the approximate location of the wall, filling and house. Site Description CRCA staff had an opportunity to inspect the property on May 26, The subject lot is large, being approximately 190 metres deep by 134 metres wide with metres of shoreline access to the St. Lawrence River. The lot itself is moderately sloped; with a 5 metre difference in elevation from the watcrfiunt to the rear of the property. Presently. the lot is vacant. Discussion, The regulatory flood plain consists of the : 00 year flood plain elevation and a factor for wave uprush. n this location, the :100 year flood plain is anticipated to reach an elevation of76.0 m geodetic. The specified allowance for wave uprush at this location is 0.3 metres above the : 00 year flood plain. Therefore, the elevation of the regulatory flood plain is 76.3 metres geodetic. The CRCA regulates an additional 15 metres measured horizontally inland from this elevation. The subject property contains a wide area of flood plain (below elevation 76.3 metres geodetic) along the shoreline of the river as shown in the attached flood plain map. The area where the proposed wall is to be constructed and filling is to occur lies within the regulatory flood plain. 22

13 Ms. Susan Henry ldu'( Property nquiry - ~lview Drive May 27, 2008 Page 2 of2 Exhibit E Ontario Regulation and CRCA Flood Plain Policy The purpose of Ontario Regulation 146/08 is to ensure that proposed changes (e.g. development and site alteration) to a property are not affected by natural hazards, such as flooding and erosion, and that the changes do not put other properties at greater risk from these hazards. By virtue of this regulation, the CRCA regulates all development and site alteration activities (including filling) within S metres of a flood plain. Within a regulated area, written permission must be obtained from the CRCA prior to development taking place. lib Generally, CRCA policies do not allow for filling andlor construction to lake place within a f flood plain. Filling in a flood plain can change the bydrology of tbe flood plain by displacing flood waters inlo areas that did nol previously flood. Personal injury and property loss can be the result of this activity. n order for a pcrmilapplication 10 be considered by the CRCA 10 place fill in the flood plain, it musl be demonstrated 10 the satisfaction of the CRCA, tha there will be no net loss of flood plain storage capacity as a result of the fill. There may be some opportunity for minor re-grading in the flood plain, provided that no additional imported fill is placed there. We would suggest that the location of the wajl be moved in a northerly direction away from the water and outside of the regulalory flood plain. This will allow your c ienl to backfill the area adjacent to the dwelling accordingly. Please review the attached General Facl Sheet for more information pertaining to Ontario Regulation 148/06. With respect to the proposed new dwelling a septic system, these must also be located outside the regulalory flood plain. CRCA policy suggests a minimum 5 metre setback from the regulalory flood plain for new development n addition, structures tha are located adjacent to the flood plain musl be approprialely flood proofed (raised) 10 prevent water from entering the structure. Your inquiry suggests that a basement is to be constructed. Please note that in order to meet current CRCA flood proofing policies, the basement floor can be no lower than 0.3 metres ahove the rogulatory flood plain elevation or 76.6 metres geodetic. Similarly, the septic syslem will also need to be appropriately raised to prevent saturation of the sewage system dwing a flood event. Please also be advised that the proposed location for the new dwelling is within the CRCA's regulated area under Onlario Regulation 148/06. Therefore, a CRCApcrmit will be required prior to the issuance of a building permit. We trust that we have satisfactorily addressed your inquiry. Please note that these comments reflect our underslanding al the time of writing, of the best available data, applicable policies and regulations. and the proposal. Changes in one or more of these factors may influence our comments. f you have any questions, please contact the undersigned. Sincerely, rf-..-j-->~ Andrew Schmidt, C.Tech. Development Officer Attachmenls: Property Location Pholo; Flood Plain Mapping; General Fact Sheet - O.R. 148/06 23

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