City Of Kingston Planning Committee Meeting Number 07-2016 Minutes Thursday March 31, 2016 at 6:30 p.m. Council Chamber, City Hall Committee Members Present Councillor Schell, Chair Councillor Neill, Vice-Chair Councillor Allen Councillor M c Laren Councillor Osanic Councillor Turner Committee Members Absent There were none. Staff Members Present Mr. Adams, Senior Planner Ms. Agnew, Director, Planning Building and Licensing Services Ms. Bolton, Senior Planner Ms. Forfar, Manager, Development Approvals Mr. Newman, Manager, Policy Planning Mr. Sands, Intermediate Planner Ms. Woodland, Committee Clerk Others Present Approximately 14 members of the public.
Introduction by Committee Chair Page 2 of 10 Councillor Schell, 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. Public Meeting Held Pursuant to the Planning Act 6:30 p.m. Application for Zoning By-Law Amendment The following is a Public Meeting report to the Planning Committee regarding an application for a zoning by-law amendment with respect to the subject site located at 1575 Westbrook Road. 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 property is designated Rural, EPA and subject to Site Specific Policy Number 2 per Schedule 3-D of the Official Plan, and is zoned General Industrial Zone M1-6 in Zoning By-Law Number 76-26. The applicant is requesting permission to rezone the approximately thirty four acre subject property located west of Westbrook Road and north of Smith Road and Highway 401. The subject property is currently vacant and is used as a firewood processing yard. The requested amendments to the zoning by-law are required to expand the permitted uses to include a firewood processing yard, contractor s yard, business office, transport and cartage yard, soil processing facility, service garage and public use. To learn more about this application, visit the DASH page. Application for Zoning By-Law Amendment 1575 Westbrook Road Councillor Schell called the public meeting to order at 6:38 p.m. Mr. Martin Burger, Groundwork Engineering Limited, spoke to the details of the application and conducted a PowerPoint presentation. A copy of the presentation can be obtained by contacting the City Clerk s Department. 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 six property owners (according to the latest Assessment Rolls) within 120 metres of the subject property. A courtesy notice was also placed in the Kingston Whig-Standard.
Mr. Sands, Intermediate Planner, informed the Committee that no written correspondence regarding this application was received. Page 3 of 10 Councillor Allen commented that the application is following the intent with what is trying to be achieved in the rural area. He requested more details regarding strategies to mitigate the additional noise in order to prevent complaints from the neighbours. Mr. Burger responded that a noise impact study indicated that berms should be implemented to help mitigate the noise, and the site plan control document shows the intent and overview of the locations for the berms. In response to a question from Councillor Neill regarding soil storage, Mr. Burger assured the Committee that this processing facility will deal with clean topsoil that has been picked up locally from different construction sites, usually by proponent themselves, and that the material is generally tested and cleaned. Councillor Neill inquired about storm water control on the site in relation to the Environmental Protection Area designation. Mr. Burger clarified that the site will not use storm water control, and stated that the current design meets the guidelines required by staff. Councillor Osanic inquired about containment for the waste that will be generated by the site. Mr. Burger responded that the materials used and processed on the site will be organic materials such as topsoil, clay soil, and rock, and they will be generally used as fill on the site. Councillor Schell opened up the floor for comments from members of the public. There were no comments from the public. The public meeting regarding the application for a Zoning By-Law Amendment at 1575 Westbrook Road adjourned at 6:53 p.m.
Public Meeting Held Pursuant to the Planning Act 6:30 p.m. Application for Official Plan & Zoning By-Law Amendment Page 4 of 10 The following is a Public Meeting report to the Planning Committee regarding applications for Official Plan & zoning by-law amendment submitted by McIntosh Perry Consulting Engineers Limited, on behalf of the Cataraqui Region Conservation Authority (CRCA), with respect to the subject site located at 1572 Sunnyside Road. This report describes the proposed applications and includes an overview of the relevant policies and regulations that will be evaluated as part of a future comprehensive report. The applicant is proposing amendments to the Official Plan and Zoning By-Law Number 76-26 to facilitate a proposed severance of approximately 2.82 hectares of land with frontage on Sunnyside Road and containing an existing dwelling and barn. The existing dwelling is currently rented by the CRCA, however, it is surplus to their needs and they are proposing to sell the lands that are proposed to be severed. The subject lands are municipally known as 1572 Sunnyside Road and are part of the overall Conservation Area land holdings of approximately 391 hectares known municipally as 1641 Perth Road. The subject site is presently designated Open Space in the Official Plan and is currently zoned OS in Zoning By-Law Number 76-26. The applicant is proposing a Rural designation and Restricted Agricultural A1 zone for the site. No new development is proposed in conjunction with the subject applications. The proposed severance is being processed concurrently by Planning, Building & Licensing Services (File Number D10-003-2016). To learn more about this application, visit the DASH page. Application for Official Plan & Zoning By-Law Amendment 1572 Sunnyside Road Councillor Schell called the public meeting regarding the application for Official Plan & Zoning By-Law Amendment at 1572 Sunnyside Road to order at 6:54 p.m. Marko Cekic, Land Use Planner, McIntosh Perry, spoke to the details of the application and conducted a PowerPoint presentation. A copy of the presentation can be obtained by contacting the City Clerk s Department. 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 50 property owners (according to the latest Assessment Rolls) within 120 metres of the subject property and a courtesy notice was placed in the Kingston Whig-Standard.
Page 5 of 10 Ms. Forfar, Manager, Development Approvals, informed the Committee that no written correspondence regarding this application was received. Councillor Allen inquired if there may be any potential conflicts between the surrounding conservation area and future agricultural uses for this property. He asked if there will be the ability for a future owner to sever off any parcel of land or if it will have to stay intact. Mr. Cekic responded that there are no concerns with respect to the future agricultural uses for the property due to the size of the property and the dilapidated state of the barn. He added that severing off a parcel of land is highly unlikely as it would be a drastic reduction in size if the minimums requirements of severance were met. Councillor Neill inquired if the farmhouse is a listed heritage property. He suggested that it would be worthwhile to explore that option in order to have the building protected from a heritage perspective. Ms. Agnew responded that she will look into it and see if it forms part of the report going forward. Councillor Schell opened up the floor for comments from members of the public. There were no comments from the public. The public meeting regarding the application for Official Plan & Zoning By-Law Amendment at 1572 Sunnyside Road adjourned at 7:05 p.m. Councillor Schell withdrew from the meeting. Public Meeting Held Pursuant to the Planning Act 6:30 p.m. Application for Zoning By-Law Amendment The following is a Public Meeting report to the Planning Committee regarding a proposed City-wide zoning by-law amendment to amend all five comprehensive zoning by-laws that apply within the City of Kingston. This report describes the proposed amendment and includes an overview of the relevant policies and regulations that will be evaluated as part of a future comprehensive report. It is proposed to add a definition of Casino Gaming Facility to each of the five comprehensive zoning by-laws, which will be consistent with the definition in the Official Plan. By including the definition of a casino gaming facility in the zoning by-laws, it will make this use distinctive from all other types of entertainment, recreational and/or commercial uses. A casino gaming facility will not be listed as a permitted use in any of the zones in any of the by-laws; therefore, if a developer proposes a casino gaming facility they will be required to submit an application for a zoning by-law amendment.
Page 6 of 10 The approach to amending the zoning by-laws to reflect the Official Plan policies, require site-specific land use approvals, and use the zoning by-laws to not permit a casino gaming facility in any zone was approved by City Council on May 19, 2015 (Exhibit B - Report Number 15-251 Options to not Permit a Casino Gaming Facility in Kingston). This report outlined options on measures that could be taken to not permit a casino gaming facility in Kingston following the referendum decision of the 2014 municipal election on the issue. Application for Zoning By-Law Amendment Public Meeting - Definition of Casino Gaming Facility Councillor Neill, Vice Chair, called the public meeting regarding an application for Zoning By-Law Amendment for the definition of Casino Gaming Facility to order at 7:06 p.m. Ms. Bolton, Senior Planner, spoke to the details of the application and conducted a PowerPoint presentation. A copy of the presentation can be obtained by contacting the City Clerk s Department. Pursuant to the requirements of the Planning Act, a notice of the statutory Public Meeting was provided by advertisement in the Kingston Whig-Standard on March 8, 2016. In addition, notices were sent by mail to three individuals that had requested to be contacted on matters involving this proposed amendment. An additional courtesy notice was also placed in the Kingston Whig-Standard. Ms. Bolton informed the Committee that one piece of written correspondence regarding this application was received. Councillor Neill inquired if an offsite track betting establishment located in Williamsville District would be affected by this amendment. Ms. Bolton responded that she will look into this specific example and provide a response. Councillor Neill opened up the floor for comments from members of the public. There were no comments from the public. The public meeting regarding an application for Zoning By-Law Amendment for the definition of Casino Gaming Facility adjourned at 7:12 p.m. Councillor Schell returned to the meeting.
Regular Planning Committee Meeting Number 07-2016 Page 7 of 10 Meeting to Order Councillor Schell called the regular meeting to order at 7:13 p.m. Approval of the Agenda Moved by Councillor Neill Seconded by Councillor Allen That the agenda be approved. Confirmation of Minutes Moved by Councillor Neill Seconded by Councillor Osanic That the minutes of the Planning Committee Meeting Number 05-2016 held on Thursday February 18, 2016 be approved. Moved by Councillor Allen Seconded by Councillor Turner That the minutes of the Planning Committee Meeting Number 06-2016 held on Thursday March 3, 2016 be approved. Disclosure of Pecuniary Interest Councillor Schell declared a possible pecuniary interest in the matter of Public Meeting Item 3, Application for Zoning By-Law Amendment - Definition of Casino Gaming Facility, as her son is employed by the Ontario Lottery Gaming Corp. Delegations There were none. Briefings There were none.
Business Page 8 of 10 a) Application for Zoning By-Law Amendment 462 Barrie Street Moved by Councillor Turner Seconded by Councillor Osanic That the application for a zoning by-law amendment (File Number D14-074-2015) submitted by Anne-Marie Lee, for the property municipally known as 462 Barrie Street, be approved; and That it be recommended to Council that the application for zoning by-law amendment (File Number D14-074-2015) for the lands municipally known as 462 Barrie Street, be approved; and That By-Law Number 8499 of The Corporation of the City of Kingston, entitled A By-Law to Regulate the Use of Lands and the Character, Location and Use of Buildings and Structures in the Township of Kingston, as amended, be further amended, as per Exhibit A (Draft By-Law and Schedule A to amend Zoning By-Law Number 8499) to Report Number PC-16-033; and That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the by-law; and That the amending by-law be presented to Council for all three readings. b) Application for Zoning By-Law Amendment 169 Union Street Moved by Councillor Turner Seconded by Councillor Allen That the application for a zoning by-law amendment (File Number D14-145-2015) submitted by FoTenn Consultants Incorporated, on behalf of 1652748 Ontario Incorporated, for the property municipally known as 169 Union Street, be approved; and That it be recommended to Council that the application for zoning by-law amendment (File Number D14-145-2015) for the lands municipally known as 169 Union Street, be approved; and That By-Law Number 8499 of The Corporation of the City of Kingston, entitled Restricted Area (Zoning) By-Law of The Corporation of the City of Kingston, as amended, be further amended, as per Exhibit A (Draft By-Law and Schedule A to amend Zoning By-Law Number 8499) to Report Number PC-16-034; and
Page 9 of 10 That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the by-law; and That the amending by-law be presented to Council for all three readings. c) Application for Draft Plan of Subdivision and Zoning By-Law Amendment 2939 Creekford Road - Phase 2 & 3 Councillor Allen encouraged staff and developers to look at potential corridors in areas where there is increasing density and existing density, and to look at how this area is anticipated to develop in terms of the official plan. He stated that there is a nearby school and a park in the larger plan for this area, and that he would like to see an opportunity for mixed use, particularly for people on foot or coming from transit stops. He indicated that there are future opportunities to continue this conversation, but this suggestion could benefit the neighbourhood. Mr. Adams, Senior Planner, referenced Exhibit E of the report which shows the subject property and surrounding areas that has a commercial area designated to the east, and that while this application is not allowing designations, there are commercial designations in the area. He responded that he can look at this suggestion further. Moved by Councillor Turner Seconded by Councillor Osanic That it be recommended to Council that the application for zoning by-law amendment (File Number D14-073-2014) submitted by Braebury Homes Corporation for the lands municipally known as 2939 Creekford Road, be approved; and That By-Law Number 76-26 of The Corporation of the City of Kingston, entitled A By-Law to Regulate the Use of Lands and the Character, Location and Use of Buildings and Structures in the Township of Kingston, as amended, be further amended, as per Exhibit A (Draft By-Law and Schedule A to amend Zoning By- Law Number 76-26) to Report Number PC-16-022; and That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the by-law; and That the amending by-law be presented to Council for all three readings; and That it be recommended to Council that the application for draft plan of subdivision (File Number D12-019-2014) submitted by Braebury Homes Corporation for the
Page 10 of 10 lands municipally known as 2939 Creekford Road, be approved, as per Exhibit B (Conditions of Draft Plan Approval) to Report Number PC-16-022. Motions There were none. Notices of Motion There were none. Other Business There was none. Correspondence a) Correspondence received from N. Salvador, dated March 23, 2016 regarding the application for a Zoning By-Law Amendment for Definition of Casino Gaming Facility. Date and Time of Next Meeting The next meeting of the Planning Committee is scheduled for Thursday April 7, 2016 at 6:30 p.m. Adjournment Moved by Councillor Neill Seconded by Councillor Turner That the meeting of the Planning Committee adjourn at 7:19 p.m.