COUNCIL MEET~NGL I ULI LU UJ · 2019-12-01 · COUNCIL MEET~NGL I ULI LU UJ Highway Select Drive Sutherland Drive Sutherland Drive I ReDortNo.: 03-256 3 From To All Conacher Drive

COUNCIL MEET~NGL . . I ULI L U U J

Highway Select Drive Sutherland Drive Sutherland Drive

I ReDortNo.: 03-256 3

From To All Conacher Drive Conacher Drive Montreal Street Conacher Drive

TO: Bert Meunier, Chief Administrative Officer

From Golden Mile Road Fernmoor Drive Future Gate Conacher Drive

FROM:

PREPARED BY:

Cynthia Beach, P. Eng., Commissioner, Planning & Development Services

Chris Sleeth, Traffic Coordinator, Engineering Division

DATE OF MEETING: 2003-28-10

~~ ~ ~

At Direction Days Road North East Malabar Drive North West Select Drive North West Sutherland Drive South East

SUBJECT: REPLACING YIELD SIGNS WITH STOPS SIGNS

RECOMMENDATION TO COUNCIL:

That a by-law be presented to City Council to amend By-Law 2003-209 (To Regulate Traffic) to replace yield signs with stops signs at the following locations:

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Golden Mile Road at Days Road Fernmoor Drive at Malabar Drive Futures Gate at Select Drive Conacher Drive at Sutherland Drive

Bv-law 2003-209 Schedule C-1 Throuph Highwavs

- Add:

C-1 Through Highways

Report No: 03-256

ORIGIN/PURPOSE :

The Engineering Department has identified these intersections to be changed from a yield condition to a stop condition.

OPTIONS/DISCUSSION:

Westbound traffic on Golden Mile Road must yield to traffic on Days Road. This area is surrounded with successful businesses attributing to increased traffic volumes, therefore a stop sign would be a safer traffic control device.

Southbound traffic on Fernmoor Drive must yield to traffic on Malabar Drive. The yield sign was installed when Malabar Drive was a no exit street. Malabar Drive is now open and connected to Tanner Drive increasing volumes of traffic using Malabar Drive. A curve on Malabar Drive to the west of Fernmoor Drive along with mature trees and shrubs interfere with visibility. Traffic coming to a complete stop on Fermoor Drive will provide a safer intersection.

Southbound traffic on Future Gate must yield to traffic on Select Drive. Driver examinations will be conducted out of the new Drive Safe Centre on Select Drive increasing traffic volumes at this intersection. This site will also be used for the tractor-trailer examinations. To provide for safety, these large trucks should come to a complete stop before entering Select Drive.

Eastbound traffic on Conacher Drive must yield to westbound traffic on Sutherland Drive. This is a tee intersection and has a stop sign on one side and a yield sign on the other which can be confusing to the motorist of who has the right-of-way. Replacing the yield sign with a stop sign would alleviate this confusion.

Noise By-Law Consideration

Noise By-Law No. 9309 “A By-Law of the Corporation of the City of Kingston to Control Noise”, exempts special neighbourhood social events on streets or other lands authorized by City Council from the provisions of the by-law.

Impact on parking

None

EXISTING POLICY/BY-LAW:

By-Law 2003-209 - To Regulate Traffic

LINK TO STRATEGIC PLAN:

Not applicable

FINANCIAL CONSIDERATIONS:

No financial implications are to be considered in this report.

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- Page 3 - Report No: 03-256

CONTACTS:

Cynthia Beach, P. Eng., Commissioner, Planning & Development Services, 384-1 770, ext.3 18 1 Speros Kanellos, M.Sc., P. Eng., Manager, Engineering Division, 384-1770, ext. 3 133 Chris Sleeth, Traffic Coordinator, Engineering Division, 384-1770, ext. 3 149 S g t . Charles Boyles, City Police, 549-4660, ext. 4660

DEPARTMENTWOTHERS CONSULTED AND AFFECTED:

Engineering Division City Police

NOTICE PROVISIONS:

All street closures are advertised in the local paper prior to the closing.

APPENDICES:

Appendix A - Drawing - Intersections

fommissioner, Nwding & Development Services

Bedheunief Chief Administrative Officer

K:\Publicwk\2003\Reports To Council - Traffic\03-256 Yield Signs To Stop Signs.Doc

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CITY O F KINGSTON Engineering Division

Planning & Development Services

PROPOSED STOP SIGNS

Scale 1: NTS Dwg No 03rn026 Date: 10 Oct. 0;

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CITY OF KINGSTON REPORT TO COUNCIL

I ReDort No.: 03-260 1


FROM: Cynthia Beach, P. Eng., Commissioner, Planning & Development Services

PREPARED BY: C h s Sleeth, Traffic Coordinator, Engineering Division


SUBJECT: TEMPORARY STREET CLOSURE: KING STREET WEST FROM BARRIE STREET TO LOWER UNIVERSITY AVENUE NOVEMBER 11,2003 REMEMBRANCE DAY CEREMONIES


That a by-law be presented to City Council to provide for the temporary closure of part of King Street West from Barrie Street to Lower University Avenue on Tuesday, November 11, 2003 from 9:30 a.m. to 11:30 a.m., for community purposes, the Remembrance Day Ceremonies at the Cross of Sacrifice Monument, subject to the following:

1. Cultural Services shall pay for the cost of advertising the temporary street closure; and

2. That Cultural Services will be responsible for the acquiringrenting, placing and removal of all barricades necessary to fully close the roadway(s) affected and install advance signage to indicate the street closure and install detour signage.

ORIGINPURPOSE:

Cultural Services of the City of Kingston request a temporary street closure for their Remembrance Day ceremonies.

OPTIONS/DISCUSSION:

Cultural Services of the City of Kingston have requested to temporarily close King Street West between Barrie Street and Lower University Avenue between 9:30 a.m. and 11:30 a.m. in order to stage the Community Civic Service of Remembrance. The applicant has contacted Kingston General Hospital and advised that City Police will ensure access for all vehicles requiring access to the emergency entrance of the Hospital.

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REPORT TO COUNCIL - Page 2 - Report No: 03-260

Traffic along King Street is moderate at this time of day and the detour is for a short duration.

Noise By-Law Consideration

Noise By-Law No. 9309 “A By-Law of the Corporation of the City of Kingston to Control Noise”, exempts special neighbourhood social events on streets or other lands authorized by City Council from the provisions of the by-law.

Impact on parking

None

EXISTING POLICYBY-LAW:

Ontario Municipal Act 2001, S.O. c. 25, Section l l(1)


Not applicable



CONTACTS:

Lynda Breen, Supervisor Programs, Events and Aquatics, Cultural Services, 546-4291, ext. 1705 Cynthia Beach, P. Eng., Commissioner, Planning & Development Services, 384-1770, ext.3 181 Speros Kanellos, P. Eng., Manager, Engineering Division, 384-1770, ext. 3 133 Chris Sleeth, Traffic Coordinator, Engineering Division, 384-1770, ext. 3 149 Terry Willing, Manager, Building & Licensing Division, 384- 1770, ext. 3240

DEPARTMENTS/OTHERS CONSULTED AND AFFECTED:

Engineering Division

NOTICE PROVISIONS:

All street closures are advertised in the local paper prior to the closing.

APPENDICES:

Appendix A - Drawing - Street Closure

6

Report No: 03-260 - Page 3 -

pornmissioner, Planning & Development Services

Chi<f Administrative Officer

K:Publicwk\2003\Reports To Council - Traffic\03-260 Remembrance Day Closure 2003 .Doc


FROM: Cynthia Beach, P. Eng., Commissioner, Planning & Development Services

PREPARED BY: Michael D. Paul, Senior Planner

DATE OF MEETING: October 28,2003

SUBJECT: Application for Removal of Holding “H” Provision 523 - 533 Portsmouth Avenue, Homestead Land Holdings Our File No. D28-51-03


WHEREAS Homestead Land Holdings has submitted an application requesting that the ‘-H’ Holding Symbol be lifted from the property known municipally as 523 - 533 Portsmouth Avenue, located on the south side of Bath Road, east of Portsmouth Avenue; and

WHEREAS the ‘-H’ Holding provisions were to remain in place until all applicable Municipal and agency requirements have been complied with and all necessary Agreements have been executed: and

WHEREAS the Owner has complied with the conditions for the removal of the ‘-H’ Holding Symbol as follows:

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confirmation of adequate sewage capacity has been received from Utilities Kingston to service the proposed apartment building; all Municipal requirements respecting servicing, site drainage and storm water management are contained within the Site Plan Control Agreement and are shown on the approved site plan drawings; the Site Plan Control Agreement has been executed by the Owner and returned to the Municipality for registration together with the required final plans and financial security; and, the Owner has submitted, for the Municipality’s consideration, the appropriate application for an amendment to the Zoning By-Law to remove the ‘-H’ Holding Symbol:

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THEREFORE BE IT RESOLVED that it be recommended to the Council of The Corporation of the City of Kingston as follows:

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Report No. 03-343 ‘-H’ Removal - Homestead Land Holdings 523 - 533 Portsmouth Avenue (File No. D28-51-03)

- Page 2 -

RECOMMENDATION TO COUNCIL (Cont’d):

1. That Zoning Map No. 21 of Zoning By-Law 8499 of the former City of Kingston, as amended, be further amended by removing the ‘-H’ Symbol for the lands described as Part of Lots 17 and 18, Concession 1, located on the south side of Bath Road, east of Portsmouth Avenue, so as to rezone the subject lands from ‘B3.185-H’ Modified Multi-Family Residential Holding Zone to ‘B3.185’ Modified Multi Family Residential Zone, which lands are shown as “Lands subject to H Removal” on Schedule “A” attached hereto.

A Draft of the Amending Zoning By-Law is appended to this report for Council’s review and consideration (Appendix No. 1).

AND BE IT FURTHER RESOLVED that the Amending By-Law be presented to City Council for all three readings.

ORIGIN/PURPOSE : This matter originates in an application, submitted by Homestead Land Holdings, for removal of an ‘-H’ Holding Symbol from the property located at 523 - 533 Portsmouth Avenue. The purpose of this report is to assess the merits of the request and to make a recommendation to City Council respecting removal of the ‘-H’ Holding Symbol.

OPTIONS/DISCUSSION:

(a) Site Location and Description: The subject property, consisting of approximately 3.421 ha (34,210 square metres) is located at the southeast corner of Bath Road and Portsmouth Avenue. It is occupied at present by two (2), 125 unit apartment buildings known municipally as 523 and 533 Portsmouth Avenue. Full access to the site is available from the recently improved entrance on Portsmouth Avenue.

The existing buildings on the site were constructed in 1981 and 1982. The building at the northwest corner of the site is oriented towards Portsmouth Avenue and the building at the northeast corner of the site is oriented towards the adjacent municipal park. The subject property is bounded on the west by Portsmouth Avenue, on the north by Bath Road, on the east by a municipal park and on the south by existing single family houses. Land use in the surrounding area is predominantly residential. For the most part, the surrounding neighborhood residential uses are single family residential except for an apartment building and townhouse complex on Eldon Hall Place, apartment buildings in the vicinity of the Bath Road / Sir John A. Macdonald Boulevard intersection and a senior citizen complex on Van Order Drive, commercial uses to the north along Bath Road and a correctional services facility, a municipal park, a Children’s Aid Society home and a church along the west side of Portsmouth Avenue.

COIJNClL MEETING 2 7 o n 2 8 ‘P3 REPORT TO CITY COUNCIL ‘-H’ Removal - Homestead Land Holdings 523 - 533 Portsmouth Avenue (File No. D28-51-03)

Report No. 03-343

- Page 3 -

OPTIONS/DISCUSSION (Cont’d):

(b) Previous Approvals: A previous rezoning on the subject property was passed on February 19, 2002 as By-Law 2002-55. The purpose of this By-Law was to amend the zoning on the subject property to permit the construction of a 150 unit apartment building, A Holding provision (‘-H’) was also placed on the property to ensure that all concerns with respect to servicing, site drainage and storm water management as identified by Utilities Kingston, the Engineering Division and the Cataraqui Region Conservation Authority are addressed prior to any further development occurring on the property. The application for Site Plan Approval was submitted in July of 2002.

(c) Procedural Information:

Zoning By-Laws to remove ‘-H’ Holding Symbols are typically technical in nature as the planning issues related to the use of the ‘-H’ Symbol and the conditions for its removal have been established as part of the initial rezoning process. Also, any technical issues and required clearance letters are generally addressed through the review and approval of the final engineering plans and the conditions established by Council and contained within the Site Plan Agreement. Pursuant to Council’s adopted procedures (Clause 5, Report No. 7, Meeting No. 2, held on 1998-12-5), reports dealing with applications for removal of an ‘-H’ Symbol are referred directly to City Council by Staff, This process was instituted as a customer service initiative to reduce the processing time for applications and in recognition of the fact that the conditions for such removal have already been clearly established by the Planning Committee and Council. This direct process was determined to be more efficient given the fact that such applications are generally submitted towards the end of the planning process when timing may be critical to the developer.

(d) Analvsis:

The Owner is requesting that the ‘-H’ Holding Symbol be removed from the property known municipally as 523 - 533 Portsmouth Avenue to permit the construction of a third apartment building on the property, containing a maximum of 150 apartment dwelling units.

The conditions for removal of the ‘-H’ Holding Symbol have been hlfilled by the Owner as follows:

1. Confirmation has been received from Utilities Kingston that there is sufficient sewage capacity to service the proposed apartment building.

2. The Site Plan Control Agreement has been finalized and executed by the Owner and returned to the Municipality for registration. The Owner has submitted the necessary financial securities and copies of Approved Plans required by the Site Plan Control Agreement. All Municipal and agency requirements respecting servicing, site drainage and storm water management are contained within the

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CbIIivZlL MEETING 2 7 OCT 2 8 ‘03 REPORT TO CITY COUNCIL ‘-H’ Removal - Homestead Land Holdings 523 - 533 Portsmouth Avenue (File No. D28-51-03)

Page 4

Report No. 03-343

(d) ANALYSIS (Cont’d): conditions comprising the Site Plan Control Agreement or are detailed on the approved site plan control drawings to be appended to the Agreement.

3. The Owner has submitted the appropriate application to amend By-Law No. 8499 (Restricted Area Zoning By-Law) so as to remove the ‘-H’ Symbol for the subject lands. This amendment has been processed in accordance with the Notice Regulations of the Planning Act.

(e) Conclusion:

The intent of the ‘-H’ Holding Symbol on the subject property was to restrict development until such time as all necessary Municipal and agency requirements have been fblfilled and all necessary agreements had been registered on title. Based on the foregoing analysis it would appear that the Owner is now in a position to fulfill the requirements for the removal of the ‘-H’ Holding Symbol. Therefore, it would now be appropriate that it be recommended to City Council that the Zoning By-Law be amended to remove the ‘-H’ Holding Symbol for the subject property only as it pertains to the development of a third apartment building on the property located at 523 - 533 Portsmouth Avenue.

EXISTING POLICY/BY-LAW:

The property subject to this application for rezoning is designated as Residential in the Official Plan for the Former City of Kingston and is Zoned ‘B3.185-H’ Modified Multi-Family Residential in By-Law 8499 for the former City of Kingston. The proposed use for the property complies with the policies of both the Official Plan and Zoning By-Law.

LINK TO STRATEGIC PLAN: The Strategic Plan promotes responsible new development.

FINANCIAL CONSIDERATIONS: None

CONTACTS:

Further information with respect to this application and the contents of this Report can be obtained by contacting:

Michael D. Paul, Senior Planner, Development Approvals- (384-1770, extension 321 6); or George T. Wallace, Acting Manager-Planning Division (384-1 770, extension 3252).

DEPARTMENTSIOTHERS CONSULTED AND AFFECTED: The request for removal of the ‘-H’ Symbol was circulated to the following Departments, all of which confirmed no objection to the approval of the Application:

Building and By-Law Division; Utilities Kingston;

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C9UNI;IL MEETING 2 7 OCT 2 8 ’03 REPORT TO CITY COUNCIL ‘-H’ Removal - Homestead Land Holdings 523 - 533 Portsmouth Avenue (File No. D28-51-03)

Report No. 03-343

- Page 5 -

DEPARTMENTS/OTHERS CONSULTED AND AFFECTED (Cont’d):

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0 Fire & Rescue;

0 Cataraqui Region Conservation Authority.

Cultural Services; (once drawings approved and Owner has signed agreement);

Engineering Division (once engineering drawings approved and Owner has signed Agreement); and

NOTICE PROVISIONS:

This amendment has been processed in accordance with the Notice Regulations of the Planning A&. These regulations require that a Notice of Council’s intent to pass an amending By-Law to remove an ‘-H’ Symbol be provided by an advertisement in a newspaper with sufficiently general circulation or by first class mail to the Owner and any person or agency specifically requesting such notice. In this instance, Notice was provided by first class mail to the Owner and persons who specifically requested notice.

APPENDICES: The following Appendices are attached to and form part of this report:

Appendix No. 1 Draft By-Law

Report No. 03-343 REPORT TO CITY COUNCIL ‘-H’ Removal - Homestead Land Holdings 523 - 533 Portsmouth Avenue (File No. D28-51-03)

- Page 6 -

P I Commissioner, P l h d g and Development Services

chief Administrative Officer

K:\D28-H\5 1-523-533 Porstmouth Avenue\Council Report 03-343.doc

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Appendix No. 1

THE CORPORATION

OF THE

CITY OF KINGSTON

DRAFT ZONING BY-LAW TO

AMEND BY-LAW NO. 8499 ('-H REMOVAL)

OF THE FORMER CITY OF KINGSTON

Homestead Land Holdings South Side of Bath Road, East of Portsmouth Avenue

(523 - 533 Portsmouth Avenue)

File No. D28-51-03 Drafted: October, 2003

The Corporation of the City of Kingston Planning and Development Services

Planning Division 216 Ontario Street, Kingston, Ontario

K7L 223

THE CORPORATION OF THE CITY OF KINGSTON

BY-LAW NO. 2003-

A BY-LAW TO AMEND BY-LAW NO. 8499, FORMER CITY OF KINGSTON ZONING BY- LAW, TO REMOVE THE ‘-H’ HOLDING SYMBOL RELATED TO THE ‘B3.185-H’ ZONE (Homestead Land Holdings, Part of Lots 17 and 18, Concession 1,523 - 533 Portsmouth Avenue, in the former City of Kingston).

PASSED:

WHEREAS By-Law No. 8499 for the former City of Kingston established Holding (‘-H’) provisions related to the ‘B3.185-H’ Zone, so that development would not be allowed to proceed until such time as all necessary Municipal and Agency requirements had been fulfilled and all necessary Agreements had been executed; and

WHEREAS the applicant (Homestead Land Holdings) is now requesting that the ‘-Hy Holding Symbol be lifted, and have submitted an application to amend By-Law No. 8499 so as to remove the ‘-H’ Holding Symbol; and

WHEREAS the Owner has complied with the conditions for the removal of the ‘-Hy Symbol as follows: confirmation has been received from Utilities Kingston of adequate sewage capacity to service the proposed apartment building; all Municipal requirements respecting servicing, site drainage and storm water management are contained within the Site Plan Control Agreement and are shown on the approved site plan drawings; the Site Plan Control Agreement has been executed by the Owner and returned to the Municipality for registration together with the required plans and financial security; and the Owner has submitted, for the Municipality’s consideration, the appropriate application for an amendment to the Zoning By-Law to remove the ‘H’ Symbol; and

WHEREAS the Council of the Corporation of the City of Kingston now deems it advisable to amend Zoning By-Law No. 8499, so as to remove the said ‘-H’ Holding Symbol fiom the property located at 523 - 533 Portsmouth Avenue, and allow the development of the subject lands for a third apartment building:

NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Kingston hereby ENACTS as follows:

1. That the lands described as “Lands subject to ‘H’ Removal” and shown on Schedule “A” attached hereto are the lands affected by this By-Law.

2. That Map No. 21 of Zoning By-Law No. 8499 of the former City of Kingston, as amended, be further amended by removing the ‘-Hy Symbol for the lands described as Part of Lots 17 and 18, Concession 1, located on the south side of Bath Road, east of Portsmouth Avenue, so as to rezone the subject lands fiom ‘B3.185-H’ Modified Multiple Family Residential Holding Zone to ‘B3.185’ Modified Multiple Family Residential Zone, which lands are shown as “Lands subject to H Removal” on Schedule “A” attached hereto.

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3. This By-Law shall come into force and take effect on the date of its passing.

GIVEN ALL THREE READINGS AND FINALLY PASSED ON THE - day of ,2003.

Mayor, Isabel Turner Acting City Clerk, Nicole Sullivan

A I I I I I 151 I I

\

Planning Division a division of Planning & Development Services

The Corporation of the City of Kingston

S c hed u le 'A' Legend: to By-law No.

Zone Change from B3.185-H to B3.185 Em Applicant: Homestead Land Holdings File No.: D14-140-01 Address: Plan No.: LotIConc.: cate Roll No,: 101106017002010/1011060017002100 7

523 & 533 Portsmouth Avenue CON 1 LF 17 PT LF 18 PT B492RP 13R4790 PARTS 5,6,7,8,9PLAN 1158 BIK U U

This is Schedule 'A' to By-law No. I

20 . day of I Scale: - passed this Metric 0 30 60 90 120m

This map is not to be used for precise scaling.

Date: JUNE 9, 2003 Prepared by: MICHAEL D. PAUL K : \ C A D \ D ~ ~ _ W G ~ ~ W ~ \ D ' ~ ~ ~ ~ ~ Z Mayor Clerk . 8

I Report No.: 03-345 I

TO:

FROM:

PREPARED BY:

DATE OF MEETING: October 28,2003

SUBJECT:

Bert Meunier, Chief Administrative Officer

Cynthia Beach, P. Eng., Commissioner, Planning & Development Services

Brian Sutherland, Senior Planner

Application for Removal of Holding ‘-H’ Provision 101 9 Bayridge Drive, Rick Moore, Proposed Car Wash Our File No. D28-54-03


WHEREAS Rick Moore has submitted an application requesting that the ‘-H’ Holding Symbol be lifted from the property known municipally as 101 9 Bayridge Drive, located on the north west corner of Princess Street and Bayridge Drive; and

WHEREAS the ‘-H’ Holding provisions were to remain in place until all applicable Municipal and agency requirements have been complied with and all necessary Agreements have been executed; and

WHEREAS the Owner has complied with the conditions for the removal of the ‘-H’ Holding Symbol as follows:

0

0

0

confirmation of adequate sewage capacity to service the proposed car wash has been received from Utilities Kingston; all Municipal requirements are contained within the Site Plan Control Agreement and are shown on the approved site plan drawings; the Site Plan Control Agreement has been executed by the Owner and returned to the Municipality for registration together with the required final plans and financial security; and, the Owner has submitted, for the Municipality’s consideration, the appropriate application for an amendment to the Zoning By-Law to remove the ‘-H’ Holding Symbol:

THEREFORE BE IT RESOLVED that it be recommended to the Council of The Corporation of the City of Kingston as follows:

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i‘JotrNcr~ MEETING 2 7 CrfT 2 8 ‘03 REPORT TO CITY COUNCIL ‘-H’ Removal - Rick Moore (1557007 Ontario Inc) 1019 Bayridge Drive (File No. D28-54-03)

- Pace 2

Report No. 03-345

RECOMMENDATION TO COUNCIL (Cont’d):

1. That Map No. 3 of Schedule “A” to Zoning By-Law No. 76-26 of the former Township of Kingston, as amended, be further amended by removing the ‘-H’ Symbol for the lands located on the northwest corner of Bayridge Drive and Princess Street, so as to rezone the subject lands fi-om ‘C2-H’ General Commercial to ‘C2’ General Commercial, which lands are shown as “Lands subject to H Removal’’ on Schedule “A” attached hereto.

A Draft of the Amending Zoning By-Law is appended to this report for Council’s review and consideration (Appendix No. 1).

AND BE IT FURTHER RESOLVED that the Amending By-Law be presented to City Council for all three readings.

ORIGIN/PURPO S E : This matter originates in an application, submitted by Richard Moore (1 557007 Ontario Inc.), for removal of a ‘-H’ Holding Symbol fi-om the property located at 1019 Bayridge Drive. The purpose of this report is to assess the merits of the request and to make a recommendation to City Council respecting removal of the ‘-H’ Holding Symbol.

OPTIONS / DISCUSSION:

(a) Site Location and Description: The subject property, consisting of approximately 4936.9 square metres (0.49ha), is located on the northwest corner of Bayridge Drive and Princess Street. The surrounding land uses are predominately commercial. There are small commercial malls located on the northeast and southeast corners of Bayridge Drive and Princess Street, and there is a gas station located on the southwest corner. A veterinarian clinic and day care centre are located north of the subject site and there is residential development (Cataraqui Woods Subdivision) northeast of the site. The lot in question is currently a vacant lot that was previously used as a landscaping company with one entrance off of Bayridge Drive.

Procedural Information: Zoning By-Laws to remove ‘-H’ Holding Symbols are typically technical in nature as the planning issues related to the use of the Holding Symbol and the conditions for its removal have been established as part of the initial rezoning process. Also, any technical issues and required clearance letters are generally addressed through the review and approval of the final engineering plans and the conditions established by Council and contained within the Site Plan Control Agreement. Pursuant to Council’s adopted procedures (Clause 5, Report No. 7, Meeting No. 2, held 1998-12-5), reports dealing with applications for removal of an ‘-H’ Symbol are referred directly to City Council by Staff. This process was instituted as a customer service initiative to reduce the processing time for applications and in recognition of the fact that the conditions for such removal have already been clearly established by the Planning Committee and Council. This direct process was determined to be more efficient given the fact that such applications are generally submitted towards the end of the planning process when timing may be critical to the developer.

COijkClL MXETING 2‘7 OCT 2 8 ‘03 REPORT TO CITY COUNCIL ‘-H’ Removal - Rick Moore (1557007 Ontario Inc) 1019 Bayridge Drive (File No. D28-54-03)

- Page 3 -

Report No. 03-345

OPTIONS / DISCUSSION (Cont’d):

(c) Analysis: The Owner is requesting that the ‘-H’ Holding Symbol be removed from the property known municipally as 1019 Bayridge Drive to permit the construction of a 12 bay, self- serve car wash.

The conditions for removal of the ‘-H’ Holding Symbol are as follows:

1. Confirmation has been received from Utilities Kingston that there is sufficient capacity to service the proposed car wash development.

2. The Site Plan Control Agreement has been finalized and executed by the Owner and returned to the Municipality for registration. The Owner has submitted the necessary financial securities and copies of Approved Plans required by the Site Plan Control Agreement. All Municipal and agency requirements are contained within the conditions comprising the Site Plan Control Agreement or are detailed on the approved site plan control drawings to be appended to the Agreement.

3. The Owner has submitted the appropriate application to amend By-Law No. 76- 26 (Restricted Area Zoning By-Law) so as to remove the ‘-H’ Symbol for the subject lands. This amendment has been processed in accordance with the Notice Regulations of the Planninn Act.

As of the date of the writing this report, the applicant had not yet completed all of the requirements for finalizing Site Plan Control Approval. However, it is anticipated that prior to City Council considering this matter, the Site Plan Control Agreement will be signed and returned to the City with the required securities, and the plans will be approved. Should this not be the case and Site Plan Control Approval has not been finalized by the 21St of October, this report should be withdrawn from the council agenda.

(d) Conclusion: The intent of the ‘-H’ Holding Symbol on the subject property was to restrict development until such time as all necessary Municipal and agency requirements have been fulfilled and all necessary agreements had been registered on title. Based on the foregoing analysis it would appear that the Owner is now in a position to fulfill the requirements for the removal of the ‘-H’ Holding Symbol. Therefore, it would now be appropriate that it be recommended to City Council that the Zoning By-Law be amended to remove the ‘-H’ Holding Symbol for the subject property in order to permit the development of a self serve car wash on the property located at 101 9 Bayridge Drive.

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COUNCIL MEETING 2 7 eci 2 8 ’03 REPORT TO CITY COUNCIL ‘-H7 Removal - Rick Moore (1557007 Ontario Inc) 1019 Bayridge Drive (File No. D28-54-03)

Report No. 03-345

- Page 4 -

EXISTING POLICY/BY-LAW: The property subject to this application for rezoning is designated as Commercial in the Official Plan for the Former Township of Kingston and is Zoned “C2-H” General Commercial in By- Law No. 76-26 for the former Township of Kingston. The proposed use for the property complies with the policies of both the Official Plan and Zoning By-Law.

LINK TO STRATEGIC PLAN: The Strategic Plan promotes responsible new development.

FINANCIAL CONSIDERATIONS: There are no financial considerations to be addressed in this report.

CONTACTS: Further information with respect to this application and the contents of this Report can be obtained by contacting:

Brian Sutherland, Senior Planner, Development Approvals- (384-1770, extension 321 5); or George T. Wallace, Acting Manager-Planning Division (3 84-1 770, extension 3252).

DEPARTMENTWOTHERS CONSULTED AND AFFECTED:

The request for removal of the ‘-H’ Symbol was circulated to the following Departments, all of which confirmed no objection to the approval of the Application:

Building and By-Law Division; Utilities Kingston (once the Site Plan drawings have been approved and Site Plan Agreement has been executed); Cultural Services; Fire & Rescue ; Engineering Division (once engineering drawings have been approved and the Owner has signed the Agreement)

NOTICE PROVISIONS: This amendment has been processed in accordance with the Notice Regulations of the Planning A&. These regulations require that a Notice of Council’s intent to pass an amending By-Law to remove an ‘-H’ Symbol be provided by an advertisement in a newspaper with sufficiently general circulation or by first class mail to the Owner and any person or agency specifically requesting such notice. In this instance, Notice was provided by first class mail to the Owner.

APPENDICES: The following appendices are attached to and form part of this report:

Appendix No. 1 Draft By-Law.

C ~ ~ U N C I L MEETING 2 3 OCT 2 8 '03 REPORT TO CITY COUNCIL '-H' Removal - Rick Moore (1557007 Ontario Inc) 1019 Bayridge Drive (File No. D28-54-03)

- Page 5

Report No. 03-345

I

I 'Chief Administrative Officer

K:\D28-H\54-1019 Bayridge Drive, Car Wash\Council Report 03-345.doc

Appendix No. 1

THE CORPORATION

OF THE

CITY OF KINGSTON

DRAFT ZONING BY-LAW TO

AMEND BY-LAW NO. 76-26 (‘-H’ REMOVAL)

OF THE FORMER TOWNSHIP OF KINGSTON

Richard Moore (1557007 Ontario Inc) Northwest corner of Bayridge Drive and Princess Street

1019 Bayridge Drive

File No. D28-54-03 Drafted: October, 2003

The Corporation of the City of Kingston Planning and Development Services

Planning Division 216 Ontario Street, Kingston, Ontario

K7L 223

THE CORPORATION OF THE CITY OF KINGSTON

BY-LAW NO. 2003-

A BY-LAW TO AMEND BY-LAW NO. 76-26, FORMER KINGSTON TOWNSHIP ZONING BY- LAW, TO REMOVE THE ‘-H’ HOLDING SYMBOL RELATED TO THE ‘C2-H’ ZONE (Richard Moore, 1019 Bayridge Drive, in the former Township of Kingston).

PASSED: ,2003

WHEREAS By-Law No. 76-26 for the former Kingston Township established Holding (‘-H’) provisions related to the ‘C2-H’ Zone, so that development would not be allowed to proceed until such time as all necessary Municipal and Agency requirements had been fulfilled and all necessary Agreements had been executed; and

WHEREAS the applicant (Richard Moore,) is now requesting that the ‘-H’ Holding Symbol be lifted, and has submitted an application to amend Zoning By-Law No. 76-26 so as to remove the ‘-H’ Holding Symbol; and

WHEREAS the Owner has complied with the conditions for the removal of the ‘-H’ Symbol as follows: confirmation has been received of adequate capacity to service the proposed car wash development; all Municipal requirements are contained within the Site Plan Control Agreement and are shown on the approved site plan drawings; the Site Plan Control Agreement has been executed by the Owner and returned to the Municipality for registration together with the required final plans and financial security; and the Owner has submitted, for the Municipality’s consideration, the appropriate application for an amendment to the Zoning By-Law to remove the ‘H’ Symbol; and:

WHEREAS the Council of the Corporation of the City of Kingston now deems it advisable to amend Zoning By-Law No. 76-26, so as to remove the said ‘-H’ Holding Symbol from the property located at 1019 Bayridge Drive, and allow the development of the subject lands for a twelve (12) bay, self-serve car wash:


1. That the lands described as “Lands subject to ‘H’ Removal” and shown on Schedule “A” attached hereto are the lands affected by this By-Law.

2. That Map No. 3 of Schedule “A” to Zoning By-Law No. 76-26 of the former Township of Kingston, as amended, be further amended by removing the ‘-H’ Symbol for the lands known municipally as 1019 Bayridge Drive, located on the north west corner of Bayridge Drive and Princess Street, so as to rezone the subject lands from ‘C2-H’ General Commercial Zone to Zone ‘C2’ General Commercial, which lands are shown as “Lands subject to H Removal” on Schedule “A” attached hereto.

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Mayor, Isabel Turner Acting City Clerk, Nicole Sullivan

T 26

D


Schedule 'A' to Bv-law No. Applicant: Richard Moore File No.: D28-54-03 Address: 101 9 Bayridge Drive

Planning Plan No.: Division LoVConc.: a division of Roll No.: 101 10802001 5400 Plannlng & Development Scale: Services Metric

Legend:

Lands Subject to 'H' Removal m Certificate of Authentication

This is Schedule 'A' to By-law No. I

passed this day of 20-.


Mayor Clerk Date: October 7, 2003 Prepared by: L. Paquin K : \ D I ~ _ z N G \ D z ~ s ~ o ~ ~ . ~ ~ ~ -

COUNCIL MEETING 2 7 OCT 2 8 ’03

CITY OF KINGSTON REPORT TO CITY COUNCIL

I ReDort No.: 03-352 I

TO:

FROM:

PREPARED BY:

Bert Meunier, Chief Administrative Officer

Terry Willing, Acting Commissioner, Planning & Development Services

Jason Budd, Senior Planner, Planning Division


SUBJECT: Application to Lift Part Lot Control Lots 17 - 20 Inclusive, Registered Plan 13M-37, Redwood Crescent 976653 Ontario Inc. (c/o Virgil Marques) Our File No: D27-21-03


WHEREAS 976653 Ontario Inc. (c/o Virgil Marques), has submitted an application requesting that Part Lot Control be lifted from Lots 17 - 20 inclusive on Registered Plan 13M-37, as further described as being Parts 1 & 2 of Reference Plan 13R- 167 13, Parts 1 & 2 of Reference Plan 13R- 16602 and Parts 1 & 2 of Reference Plan 13R-16578 in the Rontel Subdivision Phase 2, located west of Midland Avenue and north of Princess Street, with access to Redwood Crescent from Cedarwood Drive in Kingston West; and

WHEREAS the Owner has complied with the conditions for the Lifting of Part Lot Control:

THEREFORE BE IT RESOLVED that it be recommended to the Council of the Corporation of the City of Kingston that the application to Lift Part Lot Control (Our File No. D27-21-03) for Lots 17 - 20 inclusive on Registered Plan 13M-37, as further described as Parts 1 & 2 of Reference Plan 13R- 16713, Parts 1 & 2 of Reference Plan 13R- 16602 and Parts 1 & 2 of Reference Plan 13R- 16578, in the Rontel Subdivision Phase 2, BE APPROVED.

(A Draft By-Law is appended to this report as Appendix No. “2” for Council’s review and consideration.)

C O U N ~ MEETING 2 7 OCT 2 8 ’03 REPORT TO CITY COUNCIL Report No: 03-352

-Page 2-

ORIGIN/PURPO S E : This matter originates in the submission of an Application for Part Lot Lift by 976653 Ontario Inc. (c/o Virgil Marques). The applicant is requesting Part Lot Lift on Lots 17 - 20 inclusive on Registered Plan 13M-37. The applicant is requesting permission to subdivide the lots to recognize separate ownership of the semi-detached dwellings constructed on the subject lands.

The purpose of this report is to assess the merits of the request and to make a recommendation to City Council on the Application to Lift Part Lot Control.

OPTIONS/DISCUSSION:

(a) Site Location and Description: The Rontel Subdivision Phase 2 is located west of Midland Park and north of Princess Street in Kingston West. The subdivision consists of 36 residential lots. Access to this subdivision is from Cedarwood Drive, which intersects at Bayridge Drive and Cataraqui Woods Drive. The lands subject to this application are 4 residential lots with an area of approximately 2,630 square metres. (see attached Schedule “A” to Draft By-Law). Semi-detached dwellings have been constructed on the lots.

(b) Procedural Information: Applications to Lift Part Lot Control (Section 50 of the Planning Act) are generally submitted for Plans of Subdivision containing semi-detached lots or residential blocks and are not subject to the holding of a public meeting. The Planning Act provides that the Council of the Municipality may, by By-Law, provide that Section 50 (5) of the Planning Act does not apply to land that is within a registered Plan or Plans of Subdivision or parts thereof. The lifting of Part Lot Control allows for the separate ownership of lots or dwellings without the necessity of each owner having to apply to the Committee of Adjustment for a Consent to Conveyance. After the By-Law is passed by Council it is registered on title and the process is complete. Applications for the lifting of Part Lot Control are generally submitted once the Subdivision Agreement has been signed and the final layout of the subdivision has been determined.

By-Laws to Lift Part Lot Control are typically technical in nature as the planning issues related to the development and use of the subject lands have been established as part of the initial rezoning process. Also, any technical issues and required clearance letters are generally addressed through the Subdivision Review process and the standard Subdivision Agreement. Pursuant to Council’s adopted procedures (Clause 5, Report No. 7, Meeting No. 2, held on 1998-12-15), reports dealing with Applications for the Lifting of Part Lot Control are referred directly to City Council by Staff. This process was instituted as a customer service initiative to reduce the processing time for applications and in recognition of the fact that the key decisions with respect to land use and the physical form of development have been determined by Planning Committee and Council. This direct process was determined to be more efficient given the fact that such applications are generally submitted towards the end of the planning process when timing may be critical to the developer.

(c) Analvsis: The Registered Plan of Subdivision for the Rontel Subdivision created 36 residential lots intended for semi-detached and single detached dwellings. The applicant is proposing, through

t O U N C k MEETING 2 ? OCT 2 8 ’03 REPORT TO CITY COUNCIL

-Page 3- Report No: 03-352

OPTIONS/DISCUSSION (Cont’d):

(c) Analysis (Cont’d): the removal of Part Lot Control, to alter the lot fabric of Lots 17 - 20 inclusive in order to create separate lots for the semi-detached dwelling units constructed on the subject lands. A review of the application by the relevant departments and agencies indicated no objection to the lifting of Part Lot Control.

The Lifting of Part Lot Control for the Rontel Subdivision Phase 2 is considered to be appropriate for the following reasons:

0 The lands in question are Lots within a registered plan (1 3M-37);

0 Reference Plans showing the subject parcels have already been deposited as Parts 1 & 2 of Reference Plan 13R- 16713, Parts 1 & 2 of Reference Plan 13R- 16602 and Parts 1 & 2 of Reference Plan 13R- 16578;

The Holding Provision applied to the Residential ‘R2-9’ Zone was lifted (By-law No. 2002- 109) May 07,2002;

0 The Low Density Residential Official Plan designation for the subject lands permits the construction of single family and two family dwellings. The approved ‘R2-9’ Zoning for the subject property permits the construction of single detached dwellings, linked dwelling houses and semi-detached dwellings;

0 The proposed lots shown on the Reference Plan conform to the lot area and lot frontage regulations of the Zoning By-Law; and

The semi-detached dwellings constructed on the subject lands have dedicated services to each dwelling unit and the services do not cross the proposed lot lines.

d) Conclusion: The applicant’s request to Lift Part Lot Control in order to create separate lots for the semi- detached dwellings constructed on the subject lands is appropriate. The size of the proposed lots maintain the spirit and intent of the Zoning By-Law and the development concept for the Rontel Subdivision Phase 2. It is therefore recommended that City Council Lift Part Lot Control for Lots 17 - 20 inclusive of Registered Plan 13M-37, as further described as Parts 1 & 2 of Reference Plan 13R- 1671 3, Parts 1 & 2 of Reference Plan 13R- 16602 and Parts 1 & 2 of Reference Plan 13R- 16578 in the Rontel Subdivision Phase 2.


The policies and vision outlined in the City of Kingston’s Strategic Plan are not applicable to this application.



30

COUNClL MEETING 2 7 OCT 2 8 '03 REPORT TO CITY COUNCIL Report No: 03-352

-Page 4-

DEPARTMENTUOTHERS CONSULTED AND AFFECTED:

The application to Lift Part Lot Control was circulated to the appropriate Technical Staff / Agencies for review and the following comments were received:

Utilities Systems - No objections;

0 Building Inspection - No Objection;

0 Fire Department- No Objection; and

0 Engineering Services - No Objection.

NOTICE PROVISIONS: No Notice requirements necessary.

APPENDICES: The following appendices are attached to and form part of this report: Appendix 1 Draft Reference Plans; Appendix 2 Draft By-Law to Lift Part Lot Control & Key Maps.

31

Report No: 03-352 -Page 5-

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Appendix No. 2 (page 1 of 2)

THE CORPORATION

OF THE

CITY OF KINGSTON

DRAFT BY-LAW

LIFTING OF PART LOT CONTROL

976653 Ontario Inc. (Virgil Marques)

Lots 17 - 20 Inclusive, Plan 13112-37, Redwood Crescent Rontel Subdivision, Phase 2

File No. D27-21-03 Drafted: October 1,2003

The Corporation of the City of Kingston Development Review Division

216 Ontario Street, Kingston, Ontario

K7L 223

k SITE


Key Map to By-law No. Applicant: 976652 ONTARIO INC., RONTEL File No.: D27-21-03

SUBDIVISION

Address: 1020,1022,1024,1026,1028,1030,1032,1034 REDWOOD CRESCENT Legend: Planning Plan No.: 13M -37

Division LotlConc.: LOTS 17-20 INCLUSIVE a dhrlslon of Roll NO.: 101 108020002727-1 01 108020002734 Plannlng & Development Services Scale: 4

0 100 200 300 400 m Metric

This map is not to be used for precise scaling

Area Affected by this By-law

Dab AUGUST 25,2003 K \DP7-PARTUl-RONTEL SUBDIVISION, REDWOOD CR\D27.21-03k DWG PreWred by: L PAQUIN

"

Appendix No. 2 (page 2 of 2)

BY-LAW NO. 2003-

A BY-LAW TO EXEMPT CERTAIN LANDS ON REGISTERED PLAN 13M-37 FROM THE PROVISIONS OF SECTION 50(5) OF THE PUNNING ACT, R.S.O. 1990, AND AMENDMENTS THERETO (Lots 17 - 20 Inclusive, Plan 13M-37, Rontel Subdivision, Phase 2).

PASSED: ,2003

WHEREAS Section 50 (5) of the Planning Act, R.S.O. 1990, as amended, provides that no owner may convey a part of any lot or block which is within a Registered Plan of Subdivision without the consent of the Committee of Adjustment or Land Division Committee, as the case may be, unless the land is being acquired or disposed of by the Federal or Provincial Government or by any Municipality or that is being acquired for the construction of a transmission line, and

WHEREAS Section 50 (7) of the Planning Act, R.S.O. 1990, as amended, provides that the Council of the Municipality may, by By-Law, provide that Section 50 (5) of the Planning Act does not apply to the land that is within a registered plan or plans of Subdivision or parts thereof, and

WHEREAS 976653 Ontario Inc. (c/o Virgil Marques) has requested an exemption from Part Lot Control for Lots 17 - 20 inclusive of Registered Plan 13M-37, such exemption being for the purpose of creating separate parcels for the semi- detached dwellings constructed on the subject lands.


1. Subsection ( 5 ) of Section 50 of the Planning Act R.S.O. 1990 as amended does not apply to Lots 17 - 20 Inclusive of Registered Plan 13M-37.

2. Schedule "A" is hereby declared to form part of this By-Law.



Mayor, Isabel Turner Nicole Sullivan, Acting City Clerk

38

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1103 I -I 11001 1099 992 1 \-7 1095 994

1091 996 I 1087 998 I 1083 0

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1002 1- 1075 1071 1004 I

1006 I 1067

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1055 m m 0 P

'r" The Corporation of the City of Kingston

Schedule 'A' Legend:

Applicant: Rontei Subdivision Lands Subject to Part Lot Control Lift File No.: D27-21-03 Lots 17, 18, 19 & 20 Address: Plan No.: RP 13R1885 LoUConc.: Lots 17, 18, 19. 20 Certificate of Authentication

to By-law No.

1020,1022, 1024, 1026,1028, 1030,1032 Redwood Crescent

Roll NO.: 101 108020002727-1 01 108020002734 Thls is Schedule 'A' to By-law No. I Planning &

DeveloDment Scale: Metric 0 10 20 311 40r i i

passed this day of 20-.


Clerk Date: October 3, 2003 Prepared by: L. Paquin K : \ D I ~ - Z N G \ D ~ ~ - ~ ~ - O ~

Mayor

3

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