CITY OF KINGSTON REPORT TO PLANNING COMMITTEE

CITY OF KINGSTON REPORT TO PLANNING COMMITTEE Report No.: PC-13-091 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 MEETING: July 4, 2013 SUBJECT: PUBLIC MEETING REPORT (File No. D14-028-2013) Application for Zoning By-Law Amendment Applicant: Michael LaFleur Agent: Fotenn 1136 Lisa Street EXECUTIVE SUMMARY: The following is a public meeting report to Planning Committee for a Zoning By-Law Amendment application for the property municipally known as 1136 Lisa Street. The report describes the purpose and effect of the requested amendment and includes an overview of the relevant policies and regulations that apply to the subject property. The subject property is being developed by Michael LeFleur and is a 1289 square metre block that is part of an existing plan of subdivision. The amendment is a result of a condition of consent approval to rezone the property to permit residential development. The applicant is requesting permission to rezone the property to allow for the construction of 2 single family detached houses. The property is designated Residential in the City of Kingston Official Plan. The Residential land use designation permits the development of housing and community facilities. It is zoned Development D zone, Zoning By-Law No. 76-26. The application was reviewed against the Provincial Policy Statement, the City of Kingston Official Plan and the existing Zone regulations. 13

REPORT TO PLANNING COMMITTEE REPORT NO. PC-13-091 July 4, 2013 - Page 2 - AUTHORIZING SIGNATURES: Cynthia Beach, Commissioner, Sustainability & Growth Group Gerard Hunt, Chief Administrative Officer CONSULTATION WITH THE FOLLOWING COMMISSIONERS: Lanie Hurdle, Community Services Denis Leger, Transportation, Properties & Emergency Services Jim Keech, President and CEO, Utilities Kingston (N/R indicates consultation not required) N/R N/R N/R K:\D14_Zoning Applications\2013 Applications\028-2013_1136 Lisa Street\PC-13-091_1136 Lisa Street_PH.doc 14

REPORT TO PLANNING COMMITTEE REPORT NO. PC-13-091 July 4, 2013 - Page 3 - OPTIONS/DISCUSSION: On May 13, 2013, a Zoning By-Law Amendment application was submitted by Fotenn Consultants Inc. The property has also been subject to a provisional consent approval to convey a portion of the lot. One of the provisions is the rezoning of the subject site. The applicant is requesting to amend the zoning by-law in order to construct two single family homes. In accordance with By-Law No. 2007-43, a pre-consultation meeting between the applicant and various departments and agencies was conducted on December 18, 2012. On May 13, 2013, the Zoning By-Law Amendment application was deemed complete, in accordance with the Planning Act. The subject site is located south of Princess Street and West of Bayridge Drive. To the north of the site along Princess Street, is low density residential development with residential and proposed residential further north. To the south are residential uses with a secondary school located on Woodbine Road. Lands to the east are occupied by small scale commercial uses and residential and to the west is Woodbine Park. The applicant is proposing rezone the site in order to sever the lot and construct one single family detached home on each lot to be created if the zoning application is approved. The application proposes to change the zoning from D to special -65 in order to accommodate the proposal. The -65 zone is an established zoned in the adjacent subdivision which includes specific provisions regarding, minimum lot area, minimum frontage, exterior side yard width, minimum parking spot requirements. In support of the application, the applicant has submitted the following: Planning justification report; Sketch of proposed Registered plan/site plan; Environmental Site Assessment; and Phase 1 environmental soils assessment. 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. If 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. If 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. 15

REPORT TO PLANNING COMMITTEE REPORT NO. PC-13-091 July 4, 2013 - Page 4 - Anyone wishing to be notified of Council s decision on the subject amendment must submit a written request to: Julie Dowbiggin, Planner The Corporation of the City of Kingston 216 Ontario Street KINGSTON, 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. EXISTING POLICY/BY-LAW: The subject site is designated Residential in the City of Kingston Official Plan. The predominant use of the Residential designation should be housing of appropriate density as well as community facilities. The site is currently zoned Development D zone, Zoning By-Law 76-26. The permitted uses for the Development zone existing residential uses, cemeteries, churches, farms and public uses. Zone provisions for this zone include a minimum lot area of 25 acres and lot frontage of 330 feet. An application for consent to convey was approved provisionally on February 25, 2013. The site must be rezoned in order for final conveyance to occur. The subject site is a block in established plan of subdivision (PLAN 13M-24 BLK105). 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 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 69 property owners notified by mail. In addition, a courtesy notice was published in The Kingston Whig Standard. 16

REPORT TO PLANNING COMMITTEE REPORT NO. PC-13-091 July 4, 2013 - Page 5 - At the time of the writing of this report, no inquiries or correspondence had been received. Any responses received will be addressed in the technical review and included in the comprehensive report to a future Planning Committee meeting. This report was made available to the public prior to the meeting. ACCESSIBILITY CONSIDERATIONS: Any accessibility concerns will be identified in the comprehensive report to a future Planning Committee meeting. FINANCIAL CONSIDERATIONS: No financial implications are considered in this report. CONTACTS: Julie Dowbiggin, Planner, Development Approvals, 613-546-4291, ext. 3157 Jason Budd, Senior Planner, Development Approvals, 613-546-4291, ext. 3178 Marnie Venditti, Manager, Development Approvals, 613-546-4291, ext 3256 Grant C. Bain, Director, Planning & Development Department, 613-546-4291, ext. 3252 OTHER CITY OF KINGSTON STAFF CONSULTED: 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. EXHIBITS ATTACHED: Exhibit A Key Map Exhibit B Site Plan Exhibit C Existing Official Plan designation Exhibit D Existing Zoning Exhibit E Planning Justification, prepared by Fotenn 17

DETAIL BLOSSOM ST CARFA CRES 3174 3166 3158 3142 3134 3126 ROSANNA AVE 3118 3110 1618 1616 1614 1612 1610 1608 1606 1604 1602 1600 1598 1596 1594 1041 1624 1656 1659 1509 1508 KEY MAP 1654 1657 1039 1511 1510 1655 1037 1652 1513 1512 1653 1035 1515 1514 1651 1033 1517 1516 1625 1649 1519 1518 1031 1647 1521 1520 1643 1029 1523 1522 1525 1524 1027 1527 1526 1025 1528 1530 1023 1532 1021 Subject Lands 1534 1019 1536 1017 1538 1540 1015 1013 WESTBROOK RD CRIMSON CRES COLLINS BAY RD 3064 BAYRIDGE DR BAYRIDGE DR 1011 WOODHAVEN DR MIDLAND AVE CATARAQUI WOODS DR PRINCESS STPRINCESS ST TAYLOR-KIDD BLVD BAYRIDGE DR TAYLOR-KIDD BLVD 3183 3175 3167 Planning & Development a department of Sustainability & Growth PREPARED BY: J.Partridge DATE:June 5, 2013 3151 31433135 3133 3131 3123 3119 3103 3100 PRINCESS ST 3095 3094 1109 1136 3063 3047 1113 3055 1105 3039 1117 1125 1101 1159 3087 1163 1169 1097 1175 1093 1179 1181 1089 1114 1122 1160 1166 1183 1170 1085 1174 1182 1185 1081 1038 1112 1034 1108 1104 1187 1077 1113 1100 1190 1073 1030 1200 1191 1202 1056 1050 1109 1204 1060 1069 1193 1031 1206 1062 1195 1065 1064 1035 1105 1039 1199 1066 1061 1222 1068 1203 1201 1070 1053 1045 1057 1224 1205 1072 1057 1246 1234 1209 1061 1053 1250 1076 1074 1063 1211 1078 1065 1049 1215 1080 1048 1082 1069 1067 1054 1219 1062 1045 1223 1231 1084 SMALE CRT LISA ST LYDIA CRT THE CORPORATION O F THE CIT Y O F KINGSTO N PL ANNING & DEVELOPMENT DEPARTM ENT KEY MAP Applicant: Michael LaFleur File Number: D14-020-2013 Address:1136 Lisa St Legal Description: PLAN 13M-24 BLK 105 ARN: 101108020800633 18 KATHARINE CRES Meters 0 10 20 40 60 80 3088 3079 3080 3072 3056 3071 MEGAN'S ST Legend WISE ST 3048 Subject Lands 954 A 950 A MEGAN'S ST 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 2013 The Corporation of the City of Kingston.

19 HCCS www.hopkinscormier.com

KATHARINE CRES Secondary Plan Area MARIA AVE SUBJECT LANDS: 1136 Lisa St Current Designation: Residential PRINCESS ST HELENA AVE LISA ST KATHARINE CRES SMALE CRT LYDIA CRT WISE ST KATHARINE CRES MEGAN'S ST WOODBINE RD LEGEND RESIDENTIAL MAIN STREET COMMERCIAL DEFERRED AREA TRANS-NORTHERN PIPELINE ESTATE RESIDENTIAL DISTRICT COMMERCIAL OPEN SPACE MAJOR HYDRO CORRIDOR BUSINESS PARK INDUSTRIAL ARTERIAL COMMERCIAL ENVIRONMENTAL PROTECTION AREA MAJOR ROAD GENERAL INDUSTRIAL WASTE MANAGEMENT INDUSTRIAL RURAL AGRICULTURAL LAND; AGRICULTURAL RESERVE HAMLET HARBOUR AREA; WATER AREA LOCAL ROAD OR PRIVATE LANE PLANNING_OP.Railway AIRPORT RURAL COMMERCIAL MINERAL RESOURCE MUNICIPAL BOUNDARY CENTRAL BUSINESS DISTRICT RURAL INDUSTRIAL SECONDARY PLAN AREA REGIONAL COMMERCIAL INSTITUTIONAL Planning & Development a department of Sustainability & Growth PREPARED BY: J.Partridge DATE : Jun e 5, 2 01 3 THE COR POR AT ION O F T HE C IT Y O F KIN G STO N Official Plan for the City of Kingston Schedule 3-A, Existing Land Use Applicant: Michael LaFleur File Number: D14-020-2013 Address:1136 Lisa St Legal Description: PLAN 13M-24 BLK 105 ARN: 101108020800633 20 0 20 40 80 120 160 SCALE 1:4,000 Meters 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 respo nsibility for any errors, an d is n ot liable fo r any dam ag es of any kin d resu ltin g from th e u se 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 2012 The Corporation of the City of Kingston.

C3-54 3174 3183 R2-32-H BLOSSOM ST 3166 3158 3175 3167 3151 D R4-35-H C3 3142 3143 3135 1057 1053 1049 1045 1041 1037 1033 1073 1069 1065 1061 1029 1025 1085 3134 1042 1038 1034 1043 1035 1039 1255 3126 3118 1109 1113 1105 1117 1121 1125 1101 1093 1089 1077 1097 1081 KATHARINE CRES 3133 3131 KATHARINE CRES 1114 1118 1122 1246 1250 1034-11 3123 SMALE CRT 1247 ROSANNA 3119 1030 1031 1239 AVE R2-32-H 3110 KATHARINE CRES -35 C3 D 1030 1114 1110 1106 1608 1606 1604 1602 1600 1598 1596 1159 12281224 1234-49 LISA ST -65 ROSANNA AVE D 3103 1222 1633 1637 1641 1647 1521 1520 1645 1029 R4-34 1523 1522 1027 1525 1524 1583 1527 1526 1025 1575 1567 1559 1528 1023 1551 1543 1530 1532 1021 1590 1534 1019 1582 1574 1536 1568 R4-35 1017 1560 1554 1538 1544 1540 1015 1013 1136 1163 3095 1160 1166 1170 1174 1182 1112 1108 1104-45 1113 1100 1190 1200 1202-44 1204 1206 1105-45 C3 1215 1219 1223 1098 LYDIA CRT -65 EPA-8 3100-65 1209 1092 3094 1201 1203 1205 1086 1088 1090 1094 3087-65 3088 3079 CRIMSON CRES 1179 1181 3071 1183 1187 3072 3056 3063 3055 3048 1191 1056 1193 1060 1062 1064 1066 1068 1070 1072 1057 1053 1061 1076 1063 1080 3080 PRINCESS ST C3 SUBJECT LANDS 1136 Lisa St Zoning D By-Law: 76-26 Current Zone: D 3064 D -65-65 -65 1185 M3 C3 1069 WISE ST -65 EPA-8 1062 1077 1079 1081 1067 1065 1057 1083 1093 WOODBINE RD -65-50 1011 R2 3047 1054 MEGAN'S ST I EPA WOODHAVEN DR 3039 1050 R2-32 -45 R2-10 1045 1044 D EPA D 954 A 950 A 1044 D 1046 1039 1053 1047 Planning & Development a department of Sustainability & Growth PREPARED BY: J.Partridge Date: June 5, 2013 THE COR POR AT ION O F T HE C IT Y O F KIN G STO N EXISTING ZONING Zoning By-Law: 76-26 Applicant: Michael LaFleur File Number: D14-020-2013 Address:1136 Lisa St Legal Description: PLAN 13M-24 BLK SCALE 105 ARN: 101108020800633 0 15 30 60 90 120 21 Meters 1:3,000 Legend: Subject Lands Current Zone: D FOR REFERENCE PURPOSES ONLY THIS IS AN OFFICE CONSOLIDATION. FOR ACCURATE REFERENCE THE ORIGINAL ZONING BY-LAW AND AMENDMENTS THERETO SHOULD BE CONSULTED AT 1211 JOHN COUNTER BLVD

May 13, 2013 Jason Budd, MCIP, RPP Senior Planner, Development Approvals Planning and Development Department City of Kingston Re: Application for Zoning By-law Amendment 1136 Lisa Street This planning letter, prepared by FOTENN Consultants Inc. on behalf of Michael LaFleur, is being provided in support of an application for a Zoning By-law Amendment for the property known as 1136 Lisa Street, in the former Township of Kingston. The requested Zoning By-law Amendment is required in order to permit the development of 2 (two) single-family dwellings. The purpose of this letter is to assess the appropriateness of the proposed rezoning application within the context of the surrounding community and the City s policy and regulatory framework. In support of this proposal we have prepared this letter assessing the amendment from a land use planning perspective and provide the following materials as requested through the application pre-consultation process: An application fee of $3,191.10; A cover letter; A planning justification report; A completed application form; A conceptual site plan/survey; A Phase I & II ESA; and All reports and plans provided to you electronically in pdf format. SITE OVERVIEW AND SURROUNDING USES The subject site is located at 1136 Lisa Street, between Princess Street and Katherine Crescent (Figure 1). The subject lands were previously part of a larger plan of subdivision registered by Braebury Homes. Subsequent to subdivision approval, the parcel was sold and has yet to be developed. In February 2013, an application for consent to sever the 1,289 square metre parcel into two lots was approved. The severed parcel is 653.9 square metres of land with 12.76 metres of road frontage on Lisa Street and the retained parcel is 635.3 square metres of land with 12.76 metres of frontage on Lisa Street (Figure 2). While the lots are currently vacant, they are located within an already established residential neighbourhood. 22

2 Figure 1: Site Location Figure 2: Subject Parcels 23

3 The following uses are adjacent to the subject property: North Immediately north of the subject site is low density residential along Princess Street. Further north is a newly developed residential subdivision and vacant lands intended for future residential development. South The lands south of the site are occupied by residential uses, with a secondary school further south located on Woodbine Road. East East of the site is occupied by several small scale commercial uses followed by low density residential. West West of the subject site is Woodbine Park, a large open space area with sports facilities and play equipment. Figure 3: Site Context 24

4 OVERVIEW OF APPLICATION This application is seeking a rezoning of the lands in order to facilitate the development of two singledetached residential dwellings. The requested amendment proposes the lands be rezoned from Development D to Special Residential -65. The -65 Zone is an already established zone within the adjacent Braebury Subdivision which achieves the following reliefs from the parent zone: Decrease minimum lot area from 465 m 2 to 353 m 2 Decrease minimum frontage for a corner lot from 21.3 m to 13.7 m Decrease minimum frontage for an interior lot from 15.2 m to 12.0 m Decrease minimum exterior side yard width from 6.1 m to 2.44 m Maximum lot coverage of 40% Decrease minimum off street parking from 2 to 1 space per dwelling unit As previously noted, the lands have already undergone a severance to create two new lots. By using zoning that is similar to the zoning found on adjacent lands, the proposed development will successfully blend with the surrounding residential neighbourhood. Building design will be cognizant of the already established character of adjacent homes and will therefore enhance continuity of the streetscape. POLICY AND REGULATORY FRAMEWORK The previous sections introduced the proposed two lot plan of subdivision and provided a description of the community context and existing site uses. The following section analyses the appropriateness of the division of land use planning regulatory and policy framework as it applies to the site. Provincial Policy Statement The Provincial Policy Statement, issued under the authority of Section 3 of the Planning Act and in effect since March 1 st, 2005, provides direction on matters of provincial interest related to land use planning and development. The Planning Act requires that decisions affecting planning matters shall be consistent with policy statements issued under the Act. The Policy Statement seeks to strike a balance between the province s economic, social and environmental interests through the following: promoting cost effective development patterns which stimulate economic growth; protecting resources for their economic use and/or environmental benefits; and directing development away from areas where there is a risk to public health and safety or of property damage. In broad terms, the PPS requires Council to ensure the efficient use and management of land and infrastructure, protect the environment and natural resources, and ensure appropriate opportunities for employment and residential development, including support for a mix of uses. The PPS provides direction for the proposed new residential use as follows: Subsection 1.1.1(e) states that Healthy liveable and safe communities are sustained by promoting cost-effective development standards to minimize land consumption and servicing costs. 25

5 The proposed development is located within an existing residential community and represents the rounding out of this portion of the neighbourhood. Subsection 1.1.3.2(a)(2) states that land use patterns within settlement areas shall be based on densities and a mix of land uses which are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion. The proposed development is within the urban boundary area which is intended as the location to accommodate future development. Servicing the development is not expected to place undue pressure on the municipal service system. Subsection 1.6.4.1 (a)(1) states that planning for sewage and water services shall direct and accommodate expected growth in a manner that promotes the efficient use of existing municipal sewage services and municipal water services. The existing municipal service system has capacity to accommodate the demand created by the proposed development. Subsection 1.5.1 says that healthy, active communities should be promoted by (a) planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, and facilitate pedestrian and non-motorized movement, including but not limited to, walking and cycling; (b) providing for a full range and equitable distribution of publicly-accessible built and natural settings for recreation, including facilities, parklands, open space areas, trails and, where practical, water-based resources The proposed development will integrate into an already established network of sidewalks and pedestrian pathways. The subject site is within 200 metres of Woodbine Park, a 20 hectare recreation area that features extensive facilities and equipment including five soccer fields, BMX track, five baseball diamonds, three volleyball courts and a play structure. The PPS also includes strong policies which seek to preserve the features and functioning of ecological systems in addition to significant cultural heritage resources. No significant environmental or cultural heritage features occur on the property or within the vicinity of the site. Based on this review of the PPS, the proposed development is consistent with the Provincial land use planning policy directions. City of Kingston Official Plan The subject property is designated Residential on Schedule 3-A Land Use of the Official Plan. Figure 4 illustrates the location of the subject site within the Plan s surrounding land use context. 26

6 Figure 4: Schedule 3-A Land Use of the Official Plan Section 2: Strategic Policy Direction Section 2 of the Official Plan provides strategic policy direction related to the development of lands within the City. The Plan implements the Urban Boundary to direct where development is appropriate given the City s current servicing capabilities and anticipated population growth. The subject site is within the Urban Boundary and therefore meets the intent of the Official Plan regarding locations currently suitable for development. According to Section 2.2 of the Official Plan, the City is organized into broad, structural elements as shown of Schedule 2 and these are expected to remain as such during the life of the Plan. Schedule 2 identifies the subject property within the Housing District. Housing Districts are generally planned to remain stable, but will continue to mature and adapt as the City evolves. Re-investment and upgrading will be encouraged through minor infilling and development that can integrate compatibly within the prevailing built form standards of height, density and amenity that are generally found in the neighbourhood. The proposed development represents minor infilling in a manner that appropriately integrates with the prevailing built form of the area. Furthermore, by using the same zoning that was introduced in the lands south of the subject site, the proposed development will achieve a high degree of compatibility with the neighbouring dwellings. Section 2.7 includes policies to ensure that redevelopment and new development locations are consistent in terms of function and character with existing development and that adverse impacts are limited. Section 2.7.1 indicates that compatibility is defined as the ability of various land uses and 27

7 designs that can appropriately co-exist from a functional and visual character perspective. In order to assess compatibility, Section 2.7.3 considers potential adverse impacts. The following are relevant to a residential use in this area: a) Shadowing; b) Loss of privacy due to intrusive overlook; e) Increased level of traffic that can disrupt the intended function or amenity of a use or area; g) Diminished service levels because social or physical infrastructure necessary to support a use or area are overloaded; h) Reduction in the ability to enjoy a property, or the normal amenity associated with it, including safety and access, outdoor areas, historic quality or setting; i) Visual intrusion that disrupts the streetscape, building, or cultural heritage resources; or, j) Architectural incompatibility in terms of scale, style, massing and colour. The proposed zoning will ensure the dwellings are similar in height, form and size to adjacent properties and are therefore not expected to create issues related to shadowing or loss of privacy. The additional traffic generated by two new dwellings is not expected to disrupt the intended function of the area. Numerous community/social services exist in close proximity to the subject site, such as Woodbine Park, Holy Cross Secondary School, Limestone Advisory for Child Care Program and other institutions along Princess Street. These services are not expected to be overburdened by the demand generated by the two proposed dwellings. Through the proposed zoning and design, the dwellings will blend and integrate with the existing houses north and south of the subject property in a manner that reflects the established style and character. No impacts on views of cultural heritage resources or natural features are anticipated as a result of the proposed development. Section 3: Land Use Designations & Policies As previously noted, the subject lands are designated Residential in Schedule 3-A. Residential areas are intended to respond to the housing needs of the City s citizens by retaining and augmenting a broad range of housing within a safe, convenient and stable setting, organized primarily into neighbourhoods. Section 3.3.7 states that within existing stable residential areas, applications for infill or redevelopment must be located and organized to fit with neighbouring properties, including cultural heritage resources, and must satisfactorily address the following criteria: a) Adequate municipal services can be provided; b) Compatibility with the general pattern of adjacent sites in terms of gradation of building heights; c) Suitability of dwelling type, lot size, building height and massing, building materials, and exterior design; d) Compliance with setbacks, location of private open space, distance between buildings, driveways and parking areas, location of entranceways, landscape treatment or other built form elements; e) Minimal adverse effects in terms of privacy, access to sunlight, or shadowing; 28

8 f) Ensuring that increases in vehicular traffic are manageable; and, g) Compliance with Section 7.1.7 which requires a heritage impact statement where deemed necessary by the City. The proposed residential dwellings represent appropriate infill within a stable area. As previously noted, by implementing zone (-65) that is found, in part, within the residential subdivision immediately south of the subject site, the proposed dwelling will achieve compatibility in terms of dwelling type, lot size and building height and massing. Existing municipal services can adequately accommodate the extra demand generated by the proposed development. The proposed development is consistent with the Official Plan s direction to re-invest through minor infilling and development in a manner that ensures integration and compatibility with the established built form of the neighbourhood. Existing and Proposed Zoning The subject property is currently zoned Development D in Schedule A of the Township of Kingston Zoning By-law No. 76-26 (Figure 5). Figure 5: Current Zoning Uses are very restricted in the D Zone and include: A existing single-family dwelling An accessory dwelling house A cemetery A church 29

9 A farm A fraternal lodge or community centre A public use A seasonal fruit, vegetable, flower or farm produce sales outlet Permitted uses are intended to remain restrictive until such time as a development proposal is brought forward. Thus, in order to allow for the proposed development, a zoning by-law amendment is required that would turn the current D zone to a Special Residential -65 zone. The proposed special zone already exists in the 76-26 Zoning By-law and has the following provisions: Notwithstanding the provisions of Sections 12(1) and 12(2) of this By-law, the lands designated as - 65 on Schedule A hereto shall be developed in accordance with the following provisions: i. Lot Area (minimum) 353 m 2 ii. Lot Frontage (minimum) Corner Lot 13.7 m 2 Interior Lot 12.0 m 2 iii. Exterior Side Yard Width (minimum) 2.44 m 2 iv. Lot Coverage 40% v. Off Street Parking (minimum) 1 per dwelling unit SUPPORTING STUDIES The subject lands were previously part of a larger plan of subdivision registered by Braebury Homes. As part of the subdivision application, several technical studies were completed. A Stage 1 Archaeological Assessment was completed for the subdivision lands which cleared the subject site of archaeological concerns. Although an Environmental Site Assessment was completed for the subject site at the time of the subdivision approvals, another ESA has been prepared in supportive of the current application. The results of this study are summarized below. Environmental Site Assessment In April of 2013 exp. Services Inc. prepared a Phase 2 Environmental Site Assessment for the subject lands. A series of test pits were advanced across the property which were sampled, logged and interpreted. Results indicate excessive concentrations of barium. The report notes that barium is naturally occurring and that high levels are associated with feldspar, limestone and shale, however further assessment was recommended to address concerns related the findings. Due to concerns regarding the results of the assessment, a second opinion was sought. Another Environmental Site Assessment was prepared by Concord Engineering in May of 2013. Results indicate that barium concentrations in soil sampled at the subject site exceed the adopted site criteria. This is consistent with the findings of exp. Services Inc. According to Concord Engineering, the concentrations are typical of the glaciolacustrian silty clay in the Kingston area and reflect a natural background condition rather than a contaminated site condition. Based on this finding, Concord Engineering 30

10 deemed no further action is warranted for the site soils to conform to the requirements of the Environmental Protection Act. CONCLUSION This request to amend the zoning by-law is the result of a condition of Consent to allow two single detached dwellings. Based on the descriptive information and policy analysis presented within this report, we are of the opinion the zoning by-law amendment is appropriate from a land use planning perspective. The zoning proposed is the same as the neighbouring plan of subdivision. We trust the above noted and enclosed information and materials are sufficient to allow City staff to process this application. Should you have any questions or concerns, please contact the undersigned at (613) 542-5454 ext. 221. Yours truly, Mike Keene, MCIP, RPP Senior Planner 31

11 APPENDIX A Notwithstanding the provisions of Sections 12(1) and 12(2) of this By-law, the lands designated as - 65 on Schedule A hereto shall be developed in accordance with the following provisions: i. Lot Area (minimum) 353 m 2 ii. Lot Frontage (minimum) Interior Lot 12.0 m 2 iii. Exterior Side Yard Width (minimum) 2.44 m 2 iv. Lot Coverage 40% v. Off Street Parking (minimum) 1 per dwelling unit 32

Schedule A 33