To: From: Resource Staff: Date of Meeting: June 9, 2016 Subject: File Number: Address: Application Type: Owner: Applicant: City of Kingston Report to Planning Committee Report Number PC-16-054 Chair and Members of Planning Committee Lanie Hurdle, Commissioner, Community Services Paige Agnew, Director, Planning, Building & Licensing Services Public Meeting Report D14-015-2016 Hwy 2 East Zoning By-Law Amendment Grizzly Holdings (Ashton) McIntosh Perry Consulting Engineers Ltd. Executive Summary: The following is a Public Meeting report to the Planning Committee regarding an application for zoning by-law amendment with respect to the subject site located at Hwy 2 East. This report describes the proposed application and includes an overview of the relevant policies and regulations that will be evaluated as part of a future comprehensive report. The subject lands are designated Rural and Environmental Protection Area in the Official Plan, and are zoned Restricted Rural Zone A1 ; Limited Service Residential Zone LSR ; and Limited Service Residential Zone LSR-H in Zoning By-Law Number 32-74. The applicant is proposing to amend the zoning by-law to permit six lots, and is proposing for the lands to be zoned Rural Residential Zone RR. The lands presently consist of three separate parcels of land that it is proposed would be severed and reconfigured to create a total of six lots, all with road frontage onto Hwy 2 and frontage on the St. Lawrence River. All of the lots will be privately serviced. To facilitate the configuration of the lots, the applicant has also requested that a presently unopened road allowance is stopped up and closed. 1
Report to Planning Committee Report Number PC-16-054 June 9, 2016 Page 2 of 6 Authorizing Signatures: Lanie Hurdle, Commissioner, Community Services Gerard Hunt, Chief Administrative Officer Consultation with the following Members of the Corporate Management Team: Cynthia Beach, Corporate & Strategic Initiatives Denis Leger, Transportation, Facilities & Emergency Services Jim Keech, President and CEO, Utilities Kingston Desiree Kennedy, Chief Financial Officer & City Treasurer Not required Not required Not required Not required 2
Report to Planning Committee Report Number PC-16-054 June 9, 2016 Page 3 of 6 Options/Discussion: Public Meeting Process Anyone who attends a Planning Committee Public Meeting may present an oral submission, and/or provide a written submission on the proposed application. Also, any person may make written submissions at any time before City Council makes a decision on the application. If a person or public body does not make an oral submission at a Public Meeting, or does not make a written submission before the application has been approved by City Council, the person or public body is not entitled to appeal the decision to the Ontario Municipal Board and 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 add the person or public body as a party. The Planning Committee will consider a comprehensive report and recommendation from the Planning Division, 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 the Planning Committee at which the subject application will be considered. Anyone wishing to be notified of Council s decision on the subject application must submit a written request to: Alex Adams, Senior Planner The Corporation of the City of Kingston Planning, Building & Licensing Services 216 Ontario Street Kingston, ON K7L 2Z3 613-546-4291 extension 3219 aadams@cityofkingston.ca Application and Submission This report provides information on a proposed amendment to the former Township of Pittsburgh Zoning By-Law Number 32-74, which is the subject of this Public Meeting. In accordance with By-Law Number 2007-43, a pre-application meeting was held in November 2015. On April 13, 2016 a zoning by-law amendment application was submitted by McIntosh Perry Consulting Engineers Ltd. On April 18, 2016 the zoning by-law amendment application was deemed complete, in accordance with the Planning Act. The applicant is proposing to amend the zoning by-law to permit six lots, and is proposing for the lands to be zoned Rural Residential Zone RR. The lands presently consist of three separate parcels of land that it is proposed would be severed and reconfigured to create a total of six lots, all with road frontage onto Hwy 2 and frontage on the St. Lawrence River. All the lots will be privately serviced. The lots are proposed to be 3.19 hectares, 3.38 hectares, 3.56 hectares, 5.8 hectares, 11.62 hectares and 13.85 hectares. To facilitate the configuration of the 3
Report to Planning Committee Report Number PC-16-054 June 9, 2016 Page 4 of 6 lots, the applicant has also requested that a presently unopened road allowance is stopped up and closed. In support of the application, the applicant has submitted the following: Planning Justification, prepared by McIntosh Perry Consulting Engineers Ltd. Concept Sketch, prepared by McIntosh Perry Consulting Engineers Ltd. Tree Inventory Study, prepared by Arborsphere Heritage Impact Statement, prepared by Bray Heritage Hydrogeological Assessment and Terrain Analysis, prepared by McIntosh Perry Consulting Engineers Ltd. Archaeological Assessment Stage 1 & 2, prepared by Abacus Archaeological Services All submission materials are available online at www.cityofkingston.ca/dash, using Look-Up a Specific Address and searching Hwy 2. Site Characteristics The subject lands are approximately 41.4 hectares in area and are located on the south side of Highway 2 between Sandy Beach Lane and Turcotte Lane (Exhibit A). The lands have approximately 530 metres of frontage on Highway 2 East and also have frontage onto the St. Lawrence River to the south. The lands presently consist of three separate parcels of land with three separate dwelling houses. Two dwellings are located on the parcel adjacent to Highway 2 and one is located on a landlocked parcel on a peninsula into the St Lawrence River. An unopened road allowance bisects the lands, and the applicant has requested for this to be stopped up and closed. This is being reviewed concurrently with the subject application. The surrounding area contains predominantly agricultural uses and residential dwellings. An existing quarry is located to the north east, and a designated heritage property is located on the opposite side of Highway 2. Official Plan Considerations The subject property is designated Rural and Environmental Protection Area in the City of Kingston Official Plan (Exhibit C). The proposed zoning by-law amendment complies with the general intent of the City of Kingston Official Plan, and therefore no Official Plan amendment is required. The predominant use within the Rural designation is agricultural uses and agriculture-related uses. In addition, sports and outdoor recreation activities and detached dwellings are also permitted, subject to further provisions. The Environmental Protection Area recognizes lands that have inherent environmental sensitivity. The goal of the designation is to preserve the ecosystem role that Environmental Protection Areas play in sustaining the natural heritage system of the City and the broader region. 4
Report to Planning Committee Report Number PC-16-054 June 9, 2016 Page 5 of 6 Section 3.10.9 of the Official Plan requires that where an application for development is proposed on land forming part of an Environmental Protection Area, that an environmental impact assessment must be submitted. The applicant has submitted this study, which will be reviewed by both the City and the Cataraqui Region Conservation Authority. On Schedule 8 of the Official Plan, both significant and contributory woodlands are shown on the subject lands. Section 6.1.4 states development and site alteration will not be permitted unless it has been demonstrated that there will be no negative impacts on the natural heritage features. The submitted environmental impacts study has assessed these areas, and it will be reviewed by both the City and the Cataraqui Region Conservation Authority. Zoning By-Law Considerations The subject lands are zoned Restricted Rural Zone A1 ; Limited Service Residential Zone LSR ; and Limited Service Residential Zone LSR-H in Zoning By-Law Number 32-74, as amended (Exhibit D). The uses permitted in the Restricted Rural Zone A1 include a detached single family dwelling house; a cemetery; a farm, but not including a specialized farm; and a farm produce outlet. The Limited Service Residential Zone LSR permits a detached single family dwelling house. The applicant is requesting to amend the zoning by-law to permit a total of six residential lots. Previous & Current Applications 2007 A Minor Variance application (File Number D13-124-2007) was approved to permit the construction of the dwelling closer to the floodplain of the St. Lawrence River than permitted in the zoning by-law. The requirement was reduced from 15.0 metres to 6.3 metres. 2007 A holding symbol removal application (File Number D28-038-2007) was approved to remove the holding symbol to permit the construction of a dwelling adjacent to the St. Lawrence River. The owner was required to enter into a Private Road Agreement. Technical Circulation Process The application has been circulation to a number of internal departments and external agencies for review and comments. The responses to the technical circulation will be addressed in the technical review and included in the comprehensive report for consideration at a future Planning Committee meeting. Existing Policy/By-Law: The proposed amendment will be reviewed against the policies of the Province of Ontario and City of Kingston to ensure that the changes are consistent with the Province s and the City s vision of development. The following documents will be assessed: Provincial Planning Act Provincial Policy Statement, 2014 5
Report to Planning Committee Report Number PC-16-054 June 9, 2016 Page 6 of 6 Municipal City of Kingston Official Plan Zoning By-Law Number 32-74 Notice Provisions: 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, notices were sent by mail to 17 property owners (according to the latest Assessment Rolls) within 120 metres of the subject property and a courtesy notice was also placed in the Kingston Whig-Standard. Accessibility Considerations: Not applicable Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning, Building & Licensing Services 613-546-4291 extension 3252 Stacey Forfar, Manager, Development Approvals 613-546-4291 extension 3253 Alex Adams, Senior Planner 613-546-4291 extension 3219 Other City of Kingston Staff Consulted: Not applicable Exhibits Attached: Exhibit A Key Map Exhibit B Neighbourhood Context (2015) Exhibit C Official Plan, Land Use Exhibit D Zoning By-Law Number 32-74, Map 2 Exhibit E Exhibit F Concept Sketch Public Notice Notification Map 6
JOYCEVILLE RD Exhibit A CONTEXT MAP HWY 401 HWY 401 MIDDLE RD HWY 2 4022 4010 3940 3966 3980 3762 3798 3822 1859 3855 1839 TURCOTTE LANE 3476 3451 3498 3500 3495 3574 3520 3600 3650 3676 3628 3658 3649 HWY 2 3781 3708 3831 1813 1819 1799 1787 1774 1738 1749 BATEAU LANE SANDY BEACH LANE 3601 3823 3827 1722 1725 1766 1733 1711 1730 1699 1651 3639 1741 1781 1671 1602 1600 33 1645 1639 1601 PLANNING COMMITTEE KEY MAP LEGEND E Planning, Building & Licensing Services a department of Community Services Applicant: McIntosh Perry Consulting Engineers Ltd. File Number: D14-015-2016 Address: Highway 2 Legal Description: Various Subject Property Property Boundaries 0 90 180 270 360 Metres 1:15,000 PREPARED BY: J.Partridge DATE: 4/26/2016 Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. 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. 2015 The Corporation of the City of Kingston. 7
Exhibit B 4022 4010 4055 3940 3966 3980 3476 3451 3498 3500 3495 3574 3520 3600 3650 3676 3628 3658 3649 3822 3798 3762 3781 3708 3831 HW Y 2 3855 TURCOTTE LANE 1859 1839 1813 1819 1799 1787 1774 1738 1749 BATEA U LANE 3601 3823 3827 1722 1725 1766 1733 1711 1730 1699 3639 1741 1781 SANDY BEACH LAN E 1620 1602 1600 PLANNING COMMITTEE NEIGHBOURHOOD CONTEXT (2015) LEGEND E Planning, Building & Licensing Services a department of Community Services Applicant: McIntosh Perry Consulting Engineers Ltd. File Number: D14-015-2016 Address: Highway 2 Legal Description: Various Subject Property Property Boundaries 0 90 180 270 360 1:15,000 Metres PREPARED BY: J.Partridge DATE: 4/26/2016 Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. 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. 2015 The Corporation of the City of Kingston. 8
Harbour Exhibit C 4022 4010 4055 3940 3966 3980 3476 3451 3498 3500 3495 3574 3520 3600 3650 3676 3628 3658 3649 3822 3798 3762 3781 3708 3831 2 HWY 1859 1858 3855 1839 1813 1819 1799 1787 1774 1738 1749 3601 3823 3827 1722 1725 1766 1733 1711 1730 1699 1651 3639 1741 1781 1620 1602 1600 Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 4/26/2016 PLANNING COMMITTEE OFFICIAL PLAN, Land Use Applicant: McIntosh Perry Consulting Engineers Ltd. File Number: D14-015-2016 Address: Highway 2 Legal Description: Various 0 90 180 270 360 Metres 1:15,000 Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. 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. 2015 The Corporation of the City of Kingston. 9 LEGEND Subject Property E Rural Agricultural Land Rural Commercial Environmental Protection Area Area; Water Area Mineral Resource
Exhibit D A2 A1 MX-2 3940 3966 3980 4022 4010 4055 3476 3451 3574 3520 3600 3498 3500 3495 CH BATEAU LANE SANDY BEACH LANE A1 3601 3650 3676 3628 3658 3649 HWY 2 3822 3798 3762 3781 3708 3831 LSR-H ER LSR-H LSR A1 3827 3823 1859 1839 1813 1819 1774 1787 1799 LSR CT-5 LSR LSR-H 1749 1738 1733 1711 1730 1699 LSR LSR-H OS 1651 3639 LSR 1741 1781 LSR-H LSR-H 1600 LSR Planning, Building & Licensing Services a department of Community Services PLANNING COMMITTEE ZONING BY-LAW 32-74, Map 2 Applicant: McIntosh Perry Consulting Engineers Ltd. File Number: D14-015-2016 Address: Highway 2 Legal Description: Various 0 90 180 270 360 Metres 1:15,000 LEGEND Subject Property Consolidated Zoning Property Boundaries E PREPARED BY: J.Partridge DATE: 4/26/2016 Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. 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. 2015 The Corporation of the City of Kingston. 10
11 0 100 1 : 4000 200 41.40ha TOTAL SITE AREA SCALE RETAINED (EAST) 300 400 Metres m 0m WATERCOURSE PARCEL FABRIC LOT LINE SITE BOUNDARY EXPANSION TO ROAD ALLOWANCE UNOPENED ROAD ALLOWANCE TO BE STOPPED UP & CLOSED LIVESTOCK FACILITY BUFFER (420m) LAFARGE QUARRY BUFFER (500m) FISH HABITAT 30m SETBACK FISH HABITAT RIPARIAN CORRIDOR WATERBODY (30m) AGGREGATE SITE (MNR) 0m WOODLANDS SIGNIFICANT WOODLANDS BUTTERNUT TREE LOCATION BUTTERNUT TREE BUFFER (25m) BALD EAGLE NEST BALD EAGLE NEST BUFFER PUGNOSE SHINER CRTICAL HABITAT CANDIDATE SWH TURTLE NESTING HABITAT NORTHERN MAP TURTLE NEST EROSION HAZARD LIMIT BOBOLINK HABITAT ST. LAWRENCE RIVER Date: GN GN DL 1:4000 MAR/21/2016 Designed By: Checked By: Drawn by: Scale: Date APR/13/2016 HIGHWAY 2 SEVERANCES Drawing Number: KP-15-7013 Project Number: SEVERANCE SKETCH Drawing Title: Project: MIKE FACCHIN Client: E 11.62ha 3.56ha 3.38ha 3.19ha 13.85ha 5.80ha LOT AREA 200 10 60. Revision/Issue LAN LOT 1 LOT 2 LOT 3 LOT 4 RETAINED (CENTRAL) LOT 1 No. ISSUED FOR SUBMISSION LANE LOT 4 0 BEACH LOT 3 0m RETAINED BATEAU LANE RETAINED 60. 0m UNOPENED ROAD ALLOWANCE ST. LAWRENCE RIVER YACHT TRIDENT E CLUB LAN LOT 2 60.0m 60. 0m SANDY 60. 2 WAY HIGH OTTE AY 2 PROJECT LOCATION TURC HIGHW UNOPENED ROAD ALLOWANCE LOCATION MAP Exhibit E
Exhibit F 3940 3966 3980 3762 3798 3822 3855 1859 1858 1839 3574 3600 3628 3650 3676 3658 3649 3708 3722 HWY 2 3781 3831 TURCOTTE LANE 1819 1813 1799 1774 1787 1738 3601 3823 3827 1724 1722 1725 1766 1723 1729 1730 3639 1600 Planning, Building & Licensing Services a department of Community Services PLANNING COMMITTEE PUBLIC NOTICE BOUNDARY Applicant: McIntosh Perry Consulting Engineers Ltd. File Number: D14-015-2016 Address: Highway 2 Legal Description: Various 0 70 140 210 280 Metres 1:11,000 LEGEND E Subject Property 120m Public Notice Boundary Property Boundaries Properties Received Public Notification PREPARED BY: K. Cruz DATE: 5/17/2016 Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. 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. 2015 The Corporation of the City of Kingston. 12