City of Kingston Planning Committee Agenda - Meeting 04-2010 by vzk39560

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									                          CITY OF KINGSTON
                          REPORT TO PLANNING COMMITTEE

                                                                                                                Report No.: PC-10-021


TO:                                  Chair, Planning Committee
FROM:                                Cynthia Beach, Commissioner, Sustainability & Growth
RESOURCE STAFF:                      George Wallace, Director, Planning and Development Department
DATE OF MEETING:                     2010-02-18
SUBJECT:                             PUBLIC HEARING REPORT
                                     (File No. D14-108-2007)
                                     Application for Zoning By-Law Amendment
                                     J.A. Pye (Ontario) Ltd.
                                     Lots 63 to 79, and Block 134, 143 and 144, Plan 13M-69 and Lots 132, 155 to 166
                                     and 196 to 211 and Blocks 213, 214, 215, 217, 219, 220 and 221, Plan 13M69
EXECUTIVE SUMMARY:
The purpose of this report is to provide general information regarding an application for Zoning By-Law Amendment which has
been submitted by J.A. Pye (Ontario) Ltd. with respect to 46 existing undeveloped lots located on Augusta Drive and Crossfield
Avenue. These lots were approved with a rear lane however the applicant proposes to eliminate the rear lane, reconfigure the
lots to increase the lot frontage and rezone the lots to a Low Density Residential (LDR) zone in order to construct single family
dwellings without rear lanes. In addition, as a result of the increased lot frontages a portion of Block 217 is requested to be
rezoned from Neighbourhood Commercial (NC-H) to Low Density Residential (LDR).


AUTHORIZING SIGNATURES:
  ORIGINAL SIGNED BY COMMISSIONER
 ________________________________________
 Cynthia Beach, P.Eng., MCIP, RPP, Commissioner, Sustainability & Growth Group

 ORIGINAL SIGNED BY CHIEF ADMINISTRATIVE OFFICER
 ________________________________________
 Gerard Hunt, Chief Administrative Officer

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:
 Commissioner Thurston, Community Development Services                                                         N/R
 Commissioner Leger, Corporate Services                                                                        N/R
 Jim Keech, President, Utilities Kingston                                                                      N/R
(N/R indicates consultation not required)
                  K:\D14_Zoning Applications\2007 Applications\108-2007_ Lyndenwood Subdivision, Cataraqui North\PC-10-021_Crossfield Ave. & Augusta Dr._PH.doc




                                                                          30
PUBLIC HEARING REPORT                                                                                   REPORT NO. PC-10-021
RE: Crossfield Avenue & Augusta Dr.
                                                           2010-02-18
                                                            - Page 2 -


OPTIONS/DISCUSSION:
On December 24, 2007, Lorelei Jones & Associates Ltd., on behalf of J.A. Pye (Ontario) Ltd., submitted a Zoning By-Law
Amendment application for the purpose of amending the existing Medium Density Residential zones (MDR*1 and MDR) for Lots
63 to 79 and Block 134, Registered Plan 13M-69 (Augusta Drive) and Lots 112 to 117 and Blocks 124 to 132, Registered Plan
13M-69 (Crossfield Avenue). In accordance with By-Law No. 2007-43, a Pre-consultation meeting between the applicant and
various departments and agencies was conducted on August 15, 2007. On January 23, 2008, the application was deemed
complete, in accordance with the Planning Act. A Public Meeting was held with respect to this application on March 6, 2008.

At the time, the applicant requested to proceed with only the Lots 112 to 117 and Blocks 124 to 132, Registered Plan 13M-69 on
Crossfield Avenue. On September 2, 2008, Council passed By-law No. 2008-162 which rezoned these lots to Low Density
Residential (LDR).

On December 23, 2009, the application was revised to include additional lots (Lots 132, 155 to 166 and 196 to 211 and Blocks
214, 217 and 220, Plan 13M-58). The subject lands are currently zoned Medium Density Residential Exception 1 (MDR*1) in the
Cataraqui North Zoning By-law No. 97-102. These lots were approved with a rear lane however the applicant proposes to
eliminate the rear lane, reconfigure the lots to increase the lot frontage and rezone the lots to a Low Density Residential (LDR)
zone in order to construct single family dwellings without rear lanes. In addition, as a result of the increased lot frontages a
portion of Block 217 is requested to be rezoned from Neighbourhood Commercial (NC-H) to Low Density Residential (LDR).

The properties are located on Augusta Drive and Crossfield Avenue within the Lyndenwood Subdivision (see Exhibit A – Key
Map). The subject lands are designated Residential in both the Township of Kingston Official Plan and the Adopted City of
Kingston Official Plan. The land use surrounding the subject lots is primarily undeveloped land intended for future residential
development.

In support of the application the applicant has provided a Concept Plan, Engineering Design Brief, Planning Justification Report,
Architectural Design Guidelines, Transportation Assessment Update, Cost Sharing Proposal, Conceptual Elevations and Floor
Plans and, Detailed Noise Control Study. This application will be processed in conjunction with a Part Lot Control application
(D27-010-2007) to eliminate the rear lanes and increase the lot frontages; Part Lot Control application (D27-012-2007) to shift
Augusta Drive to the east; Amending Subdivision applications (D12-033-2008 and D12-034-2008); and, Zoning By-law
Amendment application (D14-112-2008) to allow the garages and driveways to be 50% of the lot frontage with a provision that
the maximum width of the driveway at the streetline is 6 metres.

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.

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
                                    KINGSTON, Ontario, K7L 2Z3

                                                              31
PUBLIC HEARING REPORT                                                                                        REPORT NO. PC-10-021
RE: Crossfield Avenue & Augusta Dr.
                                                             2010-02-18
                                                              - Page 3 -


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 lands are currently designated Residential in the Township of Kingston Official Plan (see Exhibit B - Existing Official Plan
designation) and the Adopted City of Kingston Official Plan. The site is within the Cataraqui North Neighbourhood Secondary
Plan area. The predominant use permitted in the Residential designation is for residential purposes. Other uses which are
complementary to and serve the principal residential uses, such as elementary schools and parkettes, are also permitted.

The lands are currently zoned Medium Density Residential Exception 1 (MDR*1) and Neighbourhood Commercial (NC-H) in
Cataraqui North Zoning By-law No. 97-102 (see Exhibit C – Existing Zoning). The Medium Density Residential Exception 1 zone
permits single detached dwellings on lots accessed by a rear lane only. The Neighbourhood Commercial zone permits
apartment dwellings, business offices, clinics, commercial fitness centres, commercial schools, community halls, convenience
retail stores, day nurseries, dry cleaning or laundry outlet, financial institutions, personal service shops, places of worship, repair
shops, take-out restaurants, restaurants, retail stores, and, supermarkets.


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 (see Exhibit E -
Notice of Public Meeting). There were approximately 150 property owners notified by mail. In addition, a courtesy notice was
published in The Whig Standard.

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:
No accessibility concerns have been identified.


FINANCIAL CONSIDERATIONS:
No financial implications are considered in this report.


CONTACTS:
         Karen Fraser, Senior Planner, Development Approvals, (613) 546-4291, ext. 3287;
         Marnie Venditti, Manager, Development Approvals, (613) 546-4291, ext 3256; and,
         George Wallace, Director, Planning and Development Department, (613) 546-4291, ext. 3252.




                                                                 32
PUBLIC HEARING REPORT                                                                                REPORT NO. PC-10-021
RE: Crossfield Avenue & Augusta Dr.
                                                         2010-02-18
                                                          - Page 4 -


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.


EXHIBITS ATTACHED:
Exhibit A - Key Map;
Exhibit B - Existing Official Plan designation;
Exhibit C - Existing Zoning;
Exhibit D - Conceptual Site Plans;
Exhibit E - Conceptual Elevation and Floor Plans;
Exhibit F - Notice of Public Meeting.




                                                            33
        *-
         -
        -*




                                                            0 Lands
                                                             Subject   t



                                           34
Address: *Various
Legal Description: LOTS 132, 155-166, 196-211 PLAN 13M58;
                   & LOTS 63-79 PLAN 13M69
                                                                                                                                                                                                                EXHIBIT B




             Legend

                             Environmental Protection Areas
                                                                                                                                                                                                                                 II
             .;!r!r<~~"r~~'.r's~~.
                             p e n Space
            1(               Residential
                             Commercial



    I       ------ - -
             -
                                   +Lane    Arterial
                                   2-Lane Arterial

    1       - --
                   i
                             - - -
                                   Collector
                                     --             -                                                     -      - -                - -- - --      -   - - -----   -    -                         -- -   - --   -   -   --- --

                                             The Corporation of the City of Kingston
                 ,PI                         Official Plan for the Township sf Kingston
                 mm
                 7




            O
            -N
                                             Schedule "F" Cataraqui North Neig_hbourhood
                                             ~   -   ~   ~   ~    -   -   -   -   d   ~   c   e   -   -         e w ~
                                                                                                          ~ a~ -%.,uaar-+b ~   ~   ~% r u -
                                                                                                                                     ,.r.               rarvnc         .nh-Y-rr   rlirU   -a-x*



-       -                                Applicant: J.A. Pye (Ontario) Limited
                                         File No.: D14-108-2007
        Planning &                       Address: *Various
        Development
        a department of                  Legal.:                      LOTS 132,155-166,196-21 1 PLAN 13M58; & LOTS 63-79 PLAN 13M69
        Sustainability &
        Growth                           Roll No.:                    "Various



                                                                                                                                              35
                                                                                                                This map Is not lo be used for precise scaling.
                                     Date:       January 18, 2010
                                     Prepared BY:                M. Poddar                                       KlD144AppllMspiD14-108-2007ExIsllngOP
                                  of
                    The Corporat~on the City of Kingston

                    Existing Zoning
                    U w ~ ~ ~ - s ~ - - > X n X _ ( _ I - - ~ - u s & ~ - *   ."   ll< %   *Yrn
                                                                                                       Legend:
                                                                                                        r U -
                                                                                                       r _ = ,   *"**   YX*XCbIXI   .-    I&
                                                                                                                                         X- -




                                                LOTS 132, 155-166, 196-211 PLAN
                                               13M58; & LOTS 63-79 PLAN 13M69
                    Roll No:                   *Various
u dnpartrnerlt of




                                                                                                  36
37
     BLOCK 216
       (PARK) .
38
     ATKINSON STREET




39
     HIBIT E




40
GROUND FLOOR 1812




                    41
42
43
I

    GROUND FLOOR PLAN
            44
    1580 4Q FT, (ERBKINEI
     SECOND FLOOR PLAN
         1900 SQ FT.



45
46
                           47
                                I
                     7-B
2260 SQ. FT. LOT 1
                 1
48
AREA     =
1 1834
             I
         S
         -




             49
50
/
I
    GROUND FLOOR      PLAN
                                                  I
    AREA   =   1740
                                  44'-01'
                                                  1
                             51             5-B
                                                     City of Kingston Planning Committee
                                                                                                                            EXHIBIT F
                                PUBLIC NOTICE OF A COMPLETE APPLICATION AND PUBLIC MEETING
                                                 Thursday, February 18,2010at 6:30p.m,
                                                Council Chambers, City Hall, 216 Ontario Street

NOTE:         All Public Meetings are scheduled for 6:30 p,m, and more than one meeting may have been scheduled for this time. The
              meetings will occur in the order as shown on the Committee's Agenda, each commencing as soon as the previous Public
              Meeting concludes.
Re:     Proposed ZONING BY-LAW AMENDMENT under Section 34 of the Planninq Act - to amend the existing site specific
        Medium Density Residential (MDRY) and Neighbourhood Commercial (NC-H) zones in Zoning By-Law No, 97-102

City File No.:      D14-108-2007
An application for a Zoning By-Law Amendment has been submitted by J.A. Pye (Ontario) Ltd, with respect to 46 existing undeveloped
lots located on Augusta Drive and Crossfield Avenue (see attached map), These lots were approved with a rear lane however the
applicant proposes to eliminate the rear lane, reconfigure the lots to increase the lot frontage and,rezone the lots to a Low Density
Residential (LDR) zone in order to construct single family dwellings without rear lanes. In addition, as a result of the increased lot
frontages a portion of Block 217 is requested to be rezoned from Neighbourhood Commercial (NC-H) to Low Density Residential
(LDR).

The site is designated Residential in the Township of Kingston Official Plan and the Adopted City of Kingston Official Plan.
ANY PERSON may attend the Public Meeting andlor make written or verbal representation either in support of or in opposition to the
proposed Zoning By-law Amendment. The Committee will receive as information a preliminary staff report with respect to the
application at the Public Meeting. The preliminary staff report will be available on the City of Kingston's web site at
                                                                    on
www.citvofkinaston.calcit~halllcommitteeslplannin~/a~endas.asp February 13, 2010. A comprehensive report will be
presented at a future meeting of the Planning Committee at which time a recommendation will be made to Council regarding the
amendment.
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.
PLEASE TAKE FURTHER NOTICE as the Planning Committee has been delegated by Council to hold the Public Meeting instead of
Council, that all representation, both oral and in writing, shall be considered only by the Planning Committee. It is the Committee's
Report which will be considered by Council.
Additional information relating to the proposed Zoning By-law Amendment is available for inspection between 8:30 a.m. and 4:30 p.m.,
Monday to Friday from the date of this Notice to the date of the Public Meeting at the office of the Planning and Development
Department at 1211 John Counter Boulevard, or enquiries may be made by telephoning Karen Fraser, Senior Planner, (613) 546-4291
ext. 3287.
NOTICE OF COLLECTION - Personal information collected as a result of this public hearing is collected under the authority of the Municipal Act,
the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Planning Act, and all other relevant legislation, and will be used to
assist in making a decision on this matter. All personal information (as defined by MFIPPA), including (but not limited to) names, addresses,
opinions and comments collected will be made available for public disclosure to members of the public, at the meeting, through requests, and
through the website of The Corporation of the City of Kingston, Questions regarding the collection, use, and disclosure of this personal information
may be directed to the Corporate Records and lnformation Officer, City Clerk's Department, 216 Ontario Street, Kingston, Ontario, K7L 223.

DATED at Kingston, Ontario                                                                                   Carolyn Downs,
this 2 t day of January, 2010.
      9h                                                                                                     City Clerk

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