City of Kingston - City Council Agenda - Meeting 17-2016

Transcription

Page 1 of 7
Council Meeting Number 2016-17
Addeds
Tuesday June 21, 2016
The Committee Of The Whole “Closed Meeting”
The consent of Council is requested for the addition of the following:
2.
That Council rise from the Committee of the Whole Closed Meeting, that the rules of
By-Law 2010-1, as amended be waived, and the City Clerk Report:
Moved by Councillor Boehme
Seconded by Councillor Osanic
That Council authorizes the Mayor and Clerk to execute an Agreement of Purchase
and Sale, and any other required documents, in a form satisfactory to the Director of
Legal Services, for the purchase of 671 Brock Street in accordance with the directions
and instruction provided to staff by Council when considering Report Number 16-141 at
its closed session meeting of April 19, 2016, and that the purchase of approximately
$2.25M, including due diligence and building demolition costs be funded from the
Cash-In-Lieu of Parkland Fund, the Natural Land/Parkland Reserve Fund and the
Municipal Capital Reserve Fund.
Motions of Congratulations, Recognition, Sympathy, Condolences and Speedy
Recovery
The consent of Council is requested for the addition of the following Motions:
Motion of Congratulations
1.
Moved by Councillor Neill
Seconded by Councillor Holland
That the heartfelt congratulations of Kingston City Council be extended to Sister Anna
Moran who reached the milestone 100th Birthday on June 19. She moved to Kingston
at age 17 to become a teacher with the Sisters of Providence, and taught across
Ontario and Alberta. She worked in numerous parishes to increase the role of women.
She continues to be an active and much loved member of the Sisters of Providence.
Sharing Sister Anna Moran’s birthday is Sister Anne Louise Haughian who turned 102
on Sunday. She too has led an active and full life as a Sister of Providence.
Motions of Condolence
1.
Moved by Mayor Paterson
Seconded by Deputy Mayor Allen
That the condolences of Kingston City Council be extended to Gord Warner,
Supervisor of Fleet Operations for the City of Kingston, on the passing of his mother
Norma Lillian Warner. Our thoughts are with Gord and his family during this difficult
time.
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Addeds
2.
Moved by Councillor Neill
Seconded by Mayor Patterson
That the condolences of Kingston City Council be extended to the many friends and
family of Jim Coles who died peacefully at KGH on June 17. He was a much loved
musician and conductor, leading the Ottawa Youth Orchestra, the Ottawa Civic
Symphony, the Kingston Youth Orchestra, the Kingston Community Strings, and the
Eastern Ontario Concert Orchestra. He served as President, Board member and
Violinist with the Kingston Symphony. Jim was also Coordinator of Arts with the
Frontenac Board of Education, and was very active in the County Teachers Children’s
Theatre. He will be sorely missed.
Petition
The consent of Council is requested for the addition of Petition Number 1.
1.
A petition bearing approximately 33 signatures was received by the Planning
Committee on June 16, 2016 and received in the Clerk’s Department on June 17, 2016
and reads as follows:
“I object to the proposed Capital Theatre development project.”
Referred to Council and the Commissioner of Community Services
Reports
Report Number 68: Received from the Chief Administrative Officer (Consent)
The consent of Council is requested for the addition of clause t) and the withdrawal of
clause k).
t)
Artfest Kingston Craft Beer & Wine Experience (Time Sensitive)
That Council designate the “Artfest Kingston Craft Beer & Wine Experience”, being
held from July 1 to 3, 2016, on the grounds of City Park, as an event of municipal
significance, to which Special Occasion Permits may be issued by the Alcohol and
Gaming Commission of Ontario.
(The Report of the Commissioner of Community Services (16-226) is attached as
schedule pages 1-4)
(File Number CSU-P09-000-2016)
k)
Approval of an Application for Heritage Permit - 85 King Street East
That alterations to the property at 85 King Street East, be approved in accordance with
the details described in the application (File Number P18-042-2016) which was
deemed complete on May 17, 2016, with said alterations to include a one-story
addition with an open air walkway/bridge between the rear of the main house and the
carriage house, a number of alteration to the carriage house, and the erection of a
stone fence along the western lot line; and
That the approval of the alterations be subject to the following conditions:
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Addeds
1. All masonry work shall be completed in accordance with the City’s Policy on
Masonry Restoration in Heritage Buildings;
2. All window alterations shall be completed in accordance with the City’s Policy on
Window Renovation on Heritage Buildings;
3. The proposed stone fence be designed so as to not replicate the exact details of
the existing stone fences/walls;
4. A building permit be obtained;
5. All necessary Planning Act and fence by-law approvals/amendments be
obtained;
6. An encroachment permit be obtained, as necessary;
7. Drawings and specifications submitted as part of the building permit process be
provided to Planning staff for review to ensure consistency with the heritage
permit; and
8. The applicants consider reducing the size of the proposed enlarged window
openings on the western wall of the carriage house, in order to minimize the
impact to the stone wall.
(The Report of the Commissioner of Community Services (16-185) is attached as
schedule pages 170-218)
(File Number CSU-R01-000-2016)
Report Number 73: Received from the Planning Committee
The consent of Council is requested for the addition of Report Number 73: Received from the
Planning Committee.
The Planning Committee reports and recommends as follows from the Planning Committee
Meeting held on June 16, 2016:
1)
Application for Zoning By-Law Amendment 469, 471 and473 Earl Street (Donald
Wright)
That the application for a zoning by-law amendment (File Number D14-016-2016)
submitted by Peter Radley, on behalf of Donald Wright King, for the property municipally
known as 469, 471 and 473 Earl Street, be approved; and
That By-Law Number 8499 of The Corporation of the City of Kingston, entitled “A ByLaw to Regulate the Use of Lands and the Character, Location and Use of Buildings and
Structures in the Township of Kingston”, as amended, be further amended, as per
Exhibit A (Draft By-Law and Schedule A to amend Zoning By-Law Number 8499) to
Report Number PC-16-061; and
That Council determines that in accordance with Section 34(17) of the Planning Act, no
further notice is required prior to the passage of the by-law; and
That the amending by-law be presented to Council for all three readings.
(By-Law Number (22), 2016-136 is attached as schedule pages 5-8)
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Addeds
2)
Application for Proposed Amendment to the Brownfields Community
Improvement Plan 700 Gardiners Road (Taggart Gardiners Corporation)
That the application for an amendment to create a new Community Improvement Project
Area in the City of Kingston Community Improvement Plan for Brownfields Project Areas
1A, 1B and 1C (File Number D18-002-2015), submitted by FoTenn Consultants Inc., on
behalf of Taggart (Gardiners) Corporation, for the property municipally known as 700
Gardiners Road, be approved; and
That By-Law Number 2005-40 “A By-Law to Designate Brownfields Project Areas 1A,
1B and 1C as Community Improvement Project Areas”, as amended, be further
amended as per Exhibit C (Draft By-Law and Schedule A to add a new Community
Improvement Project Area) to Report Number PC-16-063; and
That By-Law Number 2005-41 “A By-Law to Adopt the Community Improvement Plan for
Brownfields Project Areas 1A, 1B and 1C”, as amended, be further amended as per
Exhibit D (Draft By-Law and Schedule A to add site-specific policies to the Brownfields
CIP) to Report Number PC-16-063; and
That the amending by-laws be presented to Council for all three readings.
3)
Application for Official Plan & Zoning By-Law Amendment 1145 McAdoo’s Lane
(Hughson Group Incorporated)
That the applications for Official Plan amendment and Zoning By-Law amendment (File
Numbers D09-026-2014 and D14-105-2014) submitted by McIntosh Perry Consulting
Engineers, on behalf of Hughson Group Incorporated, for the property municipally known
as 1145 McAdoo’s Lane, be approved; and
That the City of Kingston Official Plan, as amended, be further amended, amendment
number 49, as per Exhibit A (Draft By-Law and Schedule A to amend the Official Plan) to
That By-Law Number 76-26 of The Corporation of the City of Kingston, entitled “A ByLaw to Regulate the Use of Lands and the Character, Location and Use of Buildings and
Structures in the Township of Kingston”, as amended, be further amended as per Exhibit
B (Draft By-Law and Schedule A to amend Zoning By-Law Number 76-26) to Report
Number PC-16-052; and
further notice is required prior to the passage of the by-law: and
That the amending by-laws be presented to Council for all three readings.
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Addeds
4)
Application for Zoning By-Law Amendment 965 Milford Drive (Dawn House)
submitted by IBI Group, on behalf of Dawn House Women’s Shelter, for the property
municipally known as 965 Milford Drive, be approved; and
That By-Law Number 76-26 of The Corporation of the City of Kingston, entitled “A ByLaw to Regulate the Use of Lands and the Character, Location and Use of Buildings and
Structures in the Township of Kingston”, as amended, be further amended, as per
Exhibit A (Draft By-Law and Schedule A to amend Zoning By-Law Number 76-26) to
further notice is required prior to the passage of the by-law: and
5)
Application for Zoning By-Law Amendment 1471-1479 John Counter Boulevard
and 16 Terry Fox Drive (Bob Martin Construction Co.)
submitted by the Martin Group of Companies, on behalf of Bob Martin Construction Co.
Ltd., for the property municipally known as 1471-1479 John Counter Boulevard and 16
Terry Fox Drive, be approved; and
That By-Law Number 8499 of The Corporation of the City of Kingston, entitled
“Restricted Area (Zoning) By-Law of the Corporation of the City of Kingston”, as
amended, be further amended, as per Exhibit A (Draft By-Law and Schedule A to amend
Zoning By-Law Number 8499) to Report Number PC-16-056; and
further notice is required prior to the passage of the by-law; and
Communications
The consent of Council is requested for the addition of the following Communications:
Referred to All Members of Council
17-540
17-541
17-542
From Joan McKibbin, resident, letter to Council regarding Proposed Capital
Theatre Development.
(Distributed to all Members of Council on June 21, 2016)
(File Number CSU-D00-000-2016)
From Marney McDiarmid, resident, letter to Council regarding Proposed Capital
From Hannah Kaufman, resident, letter to Council regarding Proposed Capital
Page 6 of 7
Addeds
17-543
17-544
17-545
17-546
17-547
From Mary Farrar, resident, letter to Council regarding Proposed Capital
From Harold & Odette Jaeger, residents, letter to Council regarding the
proposed new Dawn House Women's Shelter - 965 Milford Drive.
From Marjorie Marr, member of Friends of Kingston, letter to Council regarding
the KEDCO Committee Review Report.
(File Number CSU-A01-003-2016)
From Vicki Schmolka, resident, letter to Council regarding the proposed Weston
Land Exchange Agreement.
(File Number CSU-L18-000-2016)
From Frank Dixon, resident, letter to Council regarding the KEDCO Committee
Review Report.
(File Number CSU-A01-003-2016)
By-Laws
The consent of Council is requested for the addition of the following By-Laws.
(22)
A By-Law to Amend By-Law Number 8499, “Restricted Area (Zoning) By-Law of the
Corporation of the City of Kingston” (Zone Change from A to A.497, A.498 and A.499,
469, 471 and 473 Earl Street).
Three Readings
Proposed Number 2016-136
(See Clause 1) Report Number 73)
(23)
A By-Law To Amend By-Law Number 2005-40 “A By-Law to Designate Brownfields
Project Areas 1A, 1B and 1C as Community Improvement Areas” (700 Gardiners
Road)
Three Readings
(24)
A By-Law to Amend By-Law Number 2005-41 “A By-Law to Adopt the Community
Improvement Plan for Brownfields Project Areas 1A, 1B and 1C” (700 Gardiners Road)
Three Readings
(25)
A By-Law to Amend The Official Plan for The City Of Kingston Planning Area
(Amendment Number 49, 1145 McAdoo’s Lane)
Three Readings
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Addeds
(26)
A By-Law to Amend By-Law Number 76-26, “A By-Law to Regulate the use of lands
and the Character, Location and use of Buildings and Structures in The Township of
Kingston” (Zone Change from Restricted Agricultural ‘A1’ Zone to Special Service
Industrial ‘M3-5’ Zone, 1145 McAdoo’s Lane)
Three Readings
(27)
A By-Law to Amend By-Law Number 76-26, “A By-Law to Regulate the Use of Lands
and the Character, Location and Use of Buildings and Structures in The Township of
Kingston” (Zone Change from site-specific General Commercial Zone ‘C2-22’ to sitespecific Residential Type 4 Zone ‘R4-39’, 965 Milford Drive)
Three Readings
(28)
A By-Law to Amend By-Law Number 8499, “Restricted Area (Zoning) By-Law of the
Corporation of the City of Kingston” (Zone Change from Site Specific ‘M9.296’ Zone to
Site-Specific ‘M9.296-H’ Zone, 1471-1475 John Counter Boulevard and 16 Terry Fox
Drive; and Zone Change from Site-Specific ‘M.177’ Zone to Site-Specific ‘M9.496-H’
Zone, 1479 John Counter Boulevard)
Three Readings
City of Kingston
Report to Council
Report Number 16-226
To:
Mayor and Members of Council
From:
Lanie Hurdle, Commissioner, Community Services
Resource Staff:
Luke Follwell, Director, Recreation & Leisure Services
Date of Meeting:
June 21, 2016
Subject:
Artfest Kingston Craft Beer & Wine Experience
Executive Summary:
The Recreation & Leisure Services Department has recently received a request from Artfest
Kingston, a not-for-profit corporation, to host a Craft Beer & Wine Experience as a part of their
existing Artfest Kingston event to take place on the grounds of City Park from July 1 to 3, 2016.
Artfest Kingston has been held in City Park for the last three years and was successful in
attracting close to 40,000 people in 2015. Artfest Kingston is marketed as a regional event and it
is a major tourism driver with approximately 40% of attendees visiting from out of town with
significant numbers coming from Quebec, upstate New York, Durham Region and other parts of
Eastern Ontario.
The Craft Beer & Wine Experience is a new element for this year’s event that will showcase
exclusively regionally produced craft beers, wines and ciders. Proceeds from this element will
go directly to support local programming at the event.
The organizers will meet all other requirements outlined in the City of Kingston Municipal
Alcohol Policy Standards. Alcoholic beverages will be sold in both sample and regular sizes.
Other food, including healthy choices and non-alcoholic drinks will also be offered through
nearby Artfest Kingston vendors.
Recommendation:
That Council designate the “Artfest Kingston Craft Beer & Wine Experience”, being held from
July 1 to 3, 2016, on the grounds of City Park, as an event of municipal significance, to which
Special Occasion Permits may be issued by the Alcohol and Gaming Commission of Ontario.
Addeds - Council Meeting 17 June 21, 2016
1
Report to Council
June 21, 2016
Page 2 of 4
Authorizing Signatures:
ORIGINAL SIGNED BY COMMISSIONER
Lanie Hurdle, Commissioner, Community Services
ORIGINAL SIGNED BY CHIEF ADMINISTRATIVE OFFICER
Gerard Hunt, Chief Administrative Officer
Consultation with the following Members of the Corporate Management Team:
Denis Leger, Transportation, Facilities & Emergency Services
Not required
Jim Keech, President and CEO, Utilities Kingston
Not required
Desiree Kennedy, Chief Financial Officer & City Treasurer
Not required
2
Report to Council
June 21, 2016
Page 3 of 4
Options/Discussion:
Artfest Kingston showcases over 150 artist and artisan exhibitors and includes live music, dance
exhibitions, children's art workshops, theatre workshops, interactive mural projects, community
arts tents and major features such as The Sculpture Forest, the Family Picnic Day Project, the
Easel Invasion and the International Food Area. Artfest Kingston is a family-friendly event and
all programming is free to the public. Following the success of the past year’s events, organizers
would like to continue to make this an annual event.
The Craft Beer & Wine Experience is a new element for this year’s event that will showcase
exclusively regionally produced craft beers, wines and ciders. Proceeds from this element will
go directly to support local programming at the event.
The organizers will meet all other requirements outlined in the City of Kingston Municipal
Alcohol Policy Standards. Alcoholic beverages will be sold in both sample and regular sizes.
Other food, including healthy choices and non-alcoholic drinks will also be offered through
nearby Artfest Kingston vendors.
Those nineteen (19) years and older who wish to participate in the craft beer sampling receive a
wristband that is good for the weekend. Due to the nature of the event, anyone under the age of
19 must be accompanied by a parent or guardian.
Artfest Kingston will hire three (3) staff to manage clean up and it is their sole responsibility is to
remove garbage and patrol the area to ensure that alcohol does not leave the fenced-in area.
Municipal Alcohol Policy
The City of Kingston’s Municipal Alcohol Policy (MAP) was approved by Council in 2006. The
policy provides for responsible management practices at functions or events held at City of
Kingston facilities, properties or areas where alcohol is available under the authority of a Special
Occasion Permit or a Caterer’s Endorsement. The City has developed this policy as a means of
enhancing and promoting the social enjoyment and physical safety of everyone who uses these
facilities and areas, while at the same time avoiding or minimizing any alcohol-related liability
issues. The following provisions will be implemented at the Artfest Kingston Craft Beer & Wine
Experience.



Persons under the legal drinking age are prohibited from adult events where alcoholic
beverages are served unless accompanied and supervised by a parent or guardian.
All servers have attended Smart Serve®; an Alcohol and Gaming Commission of Ontario
(AGCO) recognized server-training course and their names will be submitted to the City
at least ten working days prior to the event.
Non-alcoholic drinks will be available at no charge or less than half the price of the
lowest-priced alcoholic beverage. Water, soft drinks and lemonade will be available at the
Artfest Kingston Craft Beer & Wine Experience.
The MAP states the need for promoting safe transportation. Artfest Kingston will post the
following statement on their website: “There is parking around City Park but best bet is either
cab or public transit. This will avoid any chance of drinking and driving”. The MAP states that the
organizer must provide an insurance certificate that indicates comprehensive general liability
3
Report to Council
June 21, 2016
Page 4 of 4
coverage in an amount not less than five million dollars ($5,000,000), which includes a host
liquor liability endorsement in an amount acceptable to the City of Kingston. The certificate of
insurance must also indicate the specific event, location and date that it is being provided for.
The City of Kingston must be named as an additional insured on the policy for that event. Artfest
Kingston will provide their certificate of insurance for five million dollars ($5,000,000) at least ten
working days prior to the scheduled event. Artfest Kingston will enter into a facility booking
permit similar to other facility or park bookings in City owned facilities. The previous three events
have gone well without incident and the popularity seems to be growing.
Special Occasion Permit
In order for an organization to receive a Special Occasion Permit issued by the Alcohol and
Gaming Commission of Ontario (AGCO),Artfest Kingston must receive declaration from Council
that the event is of municipal significance.
Existing Policy/By-Law:
The City of Kingston Municipal Alcohol Policy
Notice Provisions:
Not applicable
Accessibility Considerations:
The event will be accessible.
Financial Considerations:
Not applicable
Contacts:
Lanie Hurdle, Commissioner, Community Services 613-546-4291 extension 1231
Luke Follwell, Director, Recreation & Leisure Services 613-546-4291 extension 1815
Other City of Kingston Staff Consulted:
Alan McLeod, Senior Legal Counsel, Legal Services Department
Jaclyn Grimmon, Manager, Recreation Programs, Recreation & Leisure Services Department
Exhibits Attached:
Not applicable
4
Page 1 of 3
Report PC-16-061
File Number D14-016-2016
By-Law Number 2016-XX
A By-Law to Amend By-Law Number 8499, “Restricted Area (Zoning) By-Law of
the Corporation of the City of Kingston” (Zone Change from A to A.497, A.498 and
A.499, 469, 471 and 473 Earl Street)
Passed: June 21, 2016
Whereas by Order of the Minister of Municipal Affairs and Housing, The Corporation of
the Township of Kingston, The Corporation of the Township of Pittsburgh and The
Corporation of the City of Kingston were amalgamated on January 1, 1998 to form The
Corporation of the City of Kingston as the successor municipal Corporation and
pursuant to the Minister’s Order, any by-laws of the former municipality passed under
the Planning Act continue as the by-laws covering the area of the former municipality
now forming part of the new City; and
Whereas the Council of The Corporation of the City of Kingston deems it advisable to
amend By-Law Number 8499, as amended, of the former City of Kingston;
Therefore be it resolved that the Council of the Corporation of the City of Kingston
hereby enacts as follows:
1.
By-Law Number 8499 of The Corporation of the City of Kingston, entitled
“Restricted Area (Zoning) By-Law of The Corporation of the City of Kingston”, as
amended, is hereby further amended as follows:
1.1.
Map 30 of Schedule “A”, as amended, is hereby further amended by changing
the zone symbol of the subject site from ‘A’ to ‘A.497’, ‘A.498’, and ‘A.499’, as
shown on Schedule “A” attached to and forming part of By-Law Number 2016___.
1.2.
By Adding the following sections 497, 498 and 499 in Part VIII – Exceptions To
Various Zone Classifications as follows:
“497. (469 Earl Street)
Notwithstanding the provisions of Sections 5 and 6.3 hereof to the
contrary, the A.497 Zone shall apply to regulate the existing structures on
the date of passing of this by-law. Any new development or
redevelopment of the property shall be required to comply with the
performance standards of the A zone and all other general provisions of
by-law 8499 as amended, with the exception of the following provisions:
(a) Zone Provisions:
5
City of Kingston By-Law Number 2016-XX
Page 2 of 3
(i)
(ii)
(iii)
(iv)
(v)
The minimum lot area shall be 232 square metres per dwelling
unit
Minimum Rear Yard for the existing one-family dwelling: 1.4
metres
Maximum Percentage of Lot coverage: 37%
Maximum Yard Projection for the existing front porch and steps:
0.6 metres from the front lot line
Minimum Accessory Building Setbacks for the existing detached
garage:
a. Minimum Front Yard: 3.7 metres
b. Minimum Rear Yard: 2.8 metres
498. (471 Earl Street)
Notwithstanding the provisions of Sections 5 and 6.3 hereof to the
contrary, the A.498 Zone shall apply to regulate the existing structures on
the date of passing of this by-law. Any new development or
redevelopment of the property shall be required to comply with the
performance standards of the A zone and all other general provisions of
by-law 8499 as amended, with the exception of the following provisions:
(a) Zone Provisions
(i)
unit
(ii)
Minimum Yard Setbacks for the existing one-family dwelling:
a. Minimum Front Yard 3.2 metres
b. Minimum (West) Side Yard: 0.0 metres
c. Minimum Rear Yard: 1.0 metres
(iii)
(iv)
Minimum Accessory Building Setbacks for the existing attached
garage:
a. Minimum Front Yard: 3.2 metres
b. Minimum Rear Yard: 3.2 metres
c. Minimum Distance from Window on Dwelling: 0.0 metres
499. (473 Earl Street)
(a) Zone Provisions
(i)
unit
(ii)
Minimum Rear Yard Setbacks for the existing one-family
dwelling: 3.2 metres
(iii)
(iv)
Maximum Yard Projection for the existing front porch: 2.9
metres from the front lot line
6
Page 3 of 3
(v)
2.
Maximum Building Depth for the existing one-family dwelling:
11.6 metres
This by-law shall come into force and take effect on the day it is passed subject
to and in accordance with the provisions of the Planning Act, R.S.O. 1990, c. P.
13 as amended from time to time.
Given all Three Readings and Passed: June 21, 2016
John Bolognone
City Clerk
Bryan Paterson
Mayor
7
JOHNSON ST
700
698
696
690
660
670
652
656 654
646 644
628 626 624
642
52
170
115
168
111
164
NAPIER ST
101
48
167
46
45
44
41
157
156
153
150
89
146
87
132
575
571
573
574
567
130
559
563
128
566
572
560
556
550
546
149
24
145
20
MACDONNELL ST
134
85
28
143
16
139
14
12
135
501
469
473 471
327
324
47
32
155
160
93
577
173
TORONTO ST
107
331
328
172
117
335
334
319
316
313
310
33
31
306
309
304
305
302
301
298
21
297
294
15
293
292
287
288
11
284
7
3
467
317
312
280
463
276
EARL ST
540
323
320
VICTO RIA ST
702
674
686 682 676
530
260
106
45
252
250
102
42
246
98
244
94
40
242
90
36
30
238
234
86
230
24
14
226
76
20
222
218
15
66
216
SCHEDULE 'A'
TO BY-LAW NUMBER
Planning, Building
& Licensing Services
a department of
Community
Services
PREPARED BY: J.Partridge
DATE: 5/27/2016
10
20
1:2,000
30
40
Metres
421
263
259
255
249
245
241
237
235
229
227
223
219
215
LEGEND
Reference By-Law 8499, Map 30
Applicant: Peter Radley
File Number: D14-016-2016
Address: 469, 471 and 473 Earl Street
Legal Description: PLAN B29 PT LOT 22 B 359
0
425 423
427
268
256
44
283
Rezoned from A to A.497
Certificate of Authentication
This is Schedule 'A' to By-Law Number ____,
passed this ______day of ____________ 2016.
E
_________________
Addeds - Council Meeting 17 June 21,
2016
Mayor
_____________________
Clerk 8
Page 1 of 1
Clause (x) to Report XXX-16-XXX
By-Law Number 2016-XXX
A By-Law To Amend By-Law Number 2005-40 “A By-Law to Designate
Brownfields Project Areas 1A, 1B and 1C as Community Improvement Areas”
(700 Gardiners Road)
Whereas a public meeting was held regarding this amendment on November 5, 2015
and June 9, 2016;
Now Therefore the Council of The Corporation of the City of Kingston, in accordance
with the provisions of Section 28 of the Planning Act, R.S.O. 1990, c.P13, hereby
enacts as follows:
1.
Schedule ‘A’ to By-Law No. 2005-40 of The Corporation of the City of Kingston,
being a By-Law to Designate Brownfields Project Areas 1A, 1B and 1C as
Community Improvement Project Areas, be amended by adding the new Project
Area 2 as shown on Schedule ‘A’ attached hereto.
2.
By-Law No. 2005-40 of The Corporation of the City of Kingston be re-named as
“A By-Law to Designate Brownfields Project Areas 1A, 1B, 1C and 2 as
Community Improvement Project Areas”.
3.
This by-law shall come into force and take effect on the day that is the day after
the last day for filing an appeal pursuant to the Planning Act, provided that no
Notice of Appeal is filed to this by-law in accordance with the provisions of
Section 17, Subsection 5 of the Planning Act, as amended; and where one or
more appeals have been filed within the time period specified, at the conclusion
of which, the By-Law shall be deemed to have come into force and take effect on
the day the appeals are withdrawn or dismissed, as the case may be.
John Bolognone
City Clerk
Bryan Paterson
Mayor
9
676 900
668
891 892
888
DR 654 886 883 880
875
646
892
868
BR 801
863
821
833
O
448 426
888
886 502
NDTRUN
883 882
K
880
A
VE
973
512
878 875 960 952 940
974
748
995
875
516
747
R
M
871
H
IL
L
872
756
980
CR ES
1011
A
372
UI
524
1008
933 920 759
990
RF
325 317
860
527
259
772
865
787
396
854
I E LD CRES
WA
981
255
776
TER
848
332
977
393
641
316 304
TH
784
842
L
OO
401
971
L IN CR E
828 816
796
828 816
635
886
DR 884
838
965 887
307
854 631 616
804
891 892
598
844
578 568
875 878
291
941
554
836 847
871 856 846
805 790
898
854
834 621 611 603
867
585 831 830
902
782
534
839
838
N RES
863 855
866
835
785 774
C
830
847
779 768
876
601
827
612
820
R
510
ER
852
DAVIS DR 890 887 759
596 606
596 W HI STLER T
511
278
790
600
E
549
487
855 845
DG 810
471
559
599
441 799
399
296
583
780
835
291
870
SHIRES
TAYLOR-KIDD BLVD
745
821
311
W
790
770
774 599
AY 753
495
434
817
757
770
SW
825
811
645
645
600
605
601
710 700
746 597
690
685
731
675
DAYS RD
626
620
616
616 616
616 616 616
546
544
540
533
1600
672
GOL DE N M
ILE RD
691
520
515
1620
1590
a department of
Community
Services
DATE: 5/27/2016
60
120
1:10,000
GRA
PL
PI
XL
EY
NI
AL
180
240
Metres
564
LEGEND
Applicant: Taggart (Gardiners) Corporation
Address: 700 Gardiners Road
Legal Description: CON 2 PT LOTS 10 11 AND
12;RP 13R13052 PART 1 RP;13R14926 PART 5
0
612
EN
1396
SCHEDULE 'A'
TO BY-LAW NUMBER
Planning, Building
NT
ST
634
616
558
547
1724
646
646
588
665
550
541
646
599
650
680
DEVELOPMENT DR
745
606
CE
793
615
DR
F
620
623
N
627
A 936
628
633
SW920
767
636
759
641
753
764
745 758
739
655
752
DR
733
725
378 368
667
R
364
708
D
673
R 688
634 367
E
709
376
NN
697
710
366
TA
368
715
367
698
683
655
694
381
440
609
690
610
642
377
625
ES
601 602 603
R
632
385
598
599 598
597
C 662
607
I R 393
R 646
614
599
DR
SH 405
M
AR
U
ALAB
L
608
593
O 624 D O
413
599
B
585 602
407 389 377 365
441
AR
469
589 594
510
579
606
461 449
411
584
579
568 586
505
588
1215
1213
628
607
592
974
968
960
954
R NMOOR
677
656
656
990
FE
627
621
JUSTUS DR
639
637
633
681
GARDINERS RD
685
666
649
639
660
687
1997
SE
691
665
661
659
656
695
W1199
RO
675
679
670
699
2025
2017
2009
1999
S 1147
L
1199
HIL 1161 1191
T
A
1169 1185
E
H
1179
EL
685
731
658
ESS AVE
750
816
T
PROG
R
700 670
700
690
690
690
690
S
2249
2257
M
720
730
690
754
755
745
2057
2045
381
1133 1223
1213
459
D ST
759
745
770
770
770
764
764
763
685
2085
2081
T
768
AN
I EL
725 715
2101
770
S
739
775
660
E
704
785
ST
D
EL
D
FI
EL
FI
SW A N
720
ST
AR
785
779
795
T
687
805
TANNER DR
815 810
811
800
805
768
795
770 786
MIDPARK DR
BR
AE
S
655
738
DA
VIS
845
643
667
675
S
R ES
ID
E
C
611
615
619
627
UXBRIDGE C
O
B U RT
582
598
954
736
WA
564
729
R
875
575
585
711
RES
935
892 887
886 883 699
FRI
701
E
Reference By-Law 2005-40
Area to be added as a new Community
Improvement Project Area
_________________
2016
Mayor
_____________________
Clerk 10
Page 1 of 1
A By-Law to Amend By-Law Number 2005-41 “A By-Law to Adopt the Community
Improvement Plan for Brownfields Project Areas 1A, 1B and 1C” (700 Gardiners
Road)
Whereas a public meeting was held regarding this amendment on November 5, 2015
and June 9, 2016;
enacts as follows:
1.
Schedule ‘A’ to By-Law Number 2005-41 of The Corporation of the City of
Kingston, being a By-Law to Adopt the Community Improvement Plan for
Brownfields Project Areas 1A, 1B and 1C, be amended by adding the new
Section 3.0.A and 5.0.A as shown on Schedule ‘A’ attached hereto.
2.
By-Law Number 2005-41 of The Corporation of the City of Kingston be re-named
as “A By-Law to Adopt the Community Improvement Plan for Brownfields Project
Areas 1A, 1B, 1C and 2”.
3.
of which, the by-law shall be deemed to have come into force and take effect on
John Bolognone
City Clerk
Bryan Paterson
Mayor
11
Schedule A to By-Law Number 2016-XXX
3.0.A
Community Improvement Project Area 2 (700 Gardiners Road)
3.0.A.1 Project Area Description
The property known municipally as 700 Gardiners Road is approximately 40.75
hectares in size and is located east of Gardiners Road and south of Taylor-Kidd
Boulevard (refer to Map 1). The site is bounded to the west by the RioCan Centre, one
of Kingston’s largest retail and commercial areas, and surrounded by residential
neighbourhoods on the other three sides making up part of the Gardiners/Meadowbrook
neighbourhood (City of Kingston Neighbourhood Profiles 2011). The subject property is
a large under-developed and under-utilized parcel of land within the urban area of the
City.
Located in Kingston’s west end, much of the surrounding area is characterized by low
density suburban neighbourhoods with some higher density clusters near arterial roads
and commercial areas. Though there are no existing connections to the adjacent
residential neighbourhoods, the site has a large frontage of approximately 275 metres
on Taylor-Kidd Boulevard. Additionally, there are hydro corridors along the southern and
eastern boundaries, as well as a CN railway running east to west to the south of the
hydro corridor.
3.0.A.2 General Characteristics – Area and Population
Community Improvement Project Area 2 covers a total of 40.75 hectares and is located
in the centre of the Gardiners/Meadowbrook neighbourhood. According to
neighbourhood data from the 2011 census, the Gardiners/Meadowbrook neighbourhood
has a total population of 6,445 persons (refer to Table 5). The average number of
persons in private households is 2.2 and the Gardiners/Meadowbrook neighbourhood
surrounding the site consists of housing types that includes single detached houses (34
percent), semi-detached dwellings (19 percent), mid-rise apartment buildings (19
percent), as well as several other housing styles.
The residential area located to the north of the site across Taylor-Kidd Boulevard
includes single and semi-detached units that back onto the four lane arterial road, as
well as larger apartment style buildings near the Cataraqui Town Centre. To the east of
the site runs a hydro corridor that acts as a barrier and informal trail between a newer
residential area, characterized by single detached homes and row houses, and the
proposed Community Improvement Project Area. To the west of the site is the RioCan
Centre, one of Kingston’s major retail and commercial areas that includes a variety of
amenities. To the south of the site is the CN railway that acts as a barrier between the
12
site and another residential area that includes some larger apartment buildings, as well
as single and semi-detached homes.
Table 5: Population by Age Group for the Gardiner/Meadowbrook Neighbourhood
(2011 Census, Statistics Canada)
The road network around the site includes three major arterial roads: Gardiners Road to
the east, Taylor-Kidd Boulevard to the north, and Centennial Drive to the west. The site
itself is currently accessed by RioCan Drive, a private road. In addition, two local roads,
Wheathill Street and Swanfield Street, stemming from the residential neighbourhood to
the east of the area, terminate at the eastern edge of the site. There are also some
informal trail networks located on the periphery of the site; most of which follow the
hydro corridors along the southern and eastern edges of the site.
Many of the community facilities and amenities present in the area are located along the
fringe of the Gardiners/Meadowbrook neighbourhood or just outside of the
neighbourhood boundaries. Several schools are located in the neighbourhood and
nearby area including Frontenac Secondary School, Truedell Public School, Archbishop
O’Sullivan Catholic School, and Saint Marguerite Bourgeoys Catholic School.
Additionally, several retirement and long-term care facilities are located in the area
including Trillium Retirement and Care Community, Kingsdale Chateau, Royal Place
Retirement Residence, The Rosewood Retirement Residence, and Fairfield Manor
West. There are four municipal parks located within 1000 metres of the site, however,
the nearest municipal park space is located approximately 200 metres north of the site,
across Taylor-Kidd Boulevard.
13
3.0.A.3 History and Context
The site’s modern industrial history began in 1971 with the construction of a
manufacturing plant operated by Northern Telecom. In 1995, the plant was sold to
Cable Design Technologies; however, Northern Telecom continued its operations under
lease until 2003. The majority of the site now lies vacant as most of the 48,000 m2
building that was located on the site has been demolished with the exception of a 3700
m2 section of the building that continues to be occupied by a business.
After Northern Telecom’s departure from the site, it was discovered that the site had
been contaminated by chemicals used during the manufacturing process of wire and
cabling. Some soils located on site have been shown to contain levels of petroleum
hydrocarbons (PHCs) that exceed applicable Ministry of Environment and Climate
Change standards. Furthermore, there is evidence of concentrations of PHCs and
volatile organic compounds (VOCs) exceeding Ministry of Environment and Climate
Change standards in groundwater samples throughout the site. Remediation and
further investigation of the site will be required.
3.0.A.4 Existing Land Use
The subject property is located in a ‘Business District’ (Official Plan Section 2.2.7.)
which is primarily intended to accommodate employment opportunities. As per the City
of Kingston’s Official Plan, the site is designated General Industrial, which is intended to
accommodate a variety of uses including: manufacturing; assembly; fabrication;
processing; construction; transportation; storage and warehousing; wholesale;
communication and utilities facilities; heavy equipment and truck repair; compatible
institutional uses; municipal work yards; as well as sewage and water treatment
facilities.
The site is zoned site-specific Light Industrial Zone ‘M2-31’ as per Zoning By-Law
Number 76-26. The uses permitted in the ‘M2-31’ zone include: an assembly plant; a
contractors or tradesman’s shop; a dry-cleaning or laundry plant; a fabricating plant; a
manufacturing plant; a processing plant; a public use; a retail lumber outlet; a service
shop; a transportation depot; a warehouse; a renewable and/or alternative energy
source use; trade show use; recreational use; professional and business office; a
daycare; a restaurant; a financial institution; a personal service establishment; and a
convenience commercial use.
3.0.A.5 Development Potential
An application is currently underway for a proposal to redevelop the site as a
neighbourhood in-fill style development with a combination of mixed use commercial,
institutional, open space, and residential uses. The proposed redevelopment will require
14
an Official Plan amendment that would re-designate the property from a ‘Business
District’ to a ‘Housing District’ in order to accommodate different residential use types,
as well as associated uses such as open space, community facilities and
neighbourhood commercial elements. The proposal will require alterations to the land
use designations from ‘General Industrial’ to ‘Residential’, ‘District Commercial’, ‘Open
Space’, and ‘Institutional’. Furthermore, the proposal also requires a change to the
zoning such that the zoning is changed from a Light Industrial Zone ‘M2-31’ to six
different site-specific zones that would permit high density residential; medium density
residential; low density residential; general shopping mixed use commercial uses;
institutional uses; and open space uses.
It is important to highlight what can be achieved through infill of vacant and underutilized
properties, as their redevelopment can be achieved without altering the fabric of existing
neighbourhoods. The existing site offers access to existing services such as transit,
would introduce new amenities and services to the surrounding neighbourhoods, and
would require minimal infrastructure investments, including roads, because of the
proximity to existing infrastructure connections.
Should all of the vacant land be developed in accordance with the designations within
the proposed Official Plan amendment, and the site is developed according to its sitespecific zoning, a development scenario can be created that illustrates a possible
outcome in terms of the number of employment positions created. Additionally, although
the lands are currently designated General Industrial, the character of the surrounding
area is mostly residential with some commercial and retail elements, thus a redesignation and re-zoning of the lands could open up the possibility of residential and
mixed use developments on the site.
The proposed redevelopment aims to provide approximately 450 high density
residential units in the form of apartment style residences, as well as approximately 418
low density residential units in the form of single detached and row house homes. In
addition, the proposal would see the introduction of close to 50,000 square metres of
commercial space to serve the residents of the site and the surrounding area. A school
has been planned for the site in order to accommodate the increase in population
resulting from the influx of residential units to the neighbourhood. Furthermore, a high
density 150 unit senior residence is proposed for the site along with over 37,000 square
metres of open space in the form of parks, public walkways and trails, and storm water
management features.
15
5.0.A
Brownfields Program Components and Eligibility Criteria for
Community Improvement Project Area 2 (700 Gardiners Road)
The policies of Section 5.0 of this CIP apply to Community Improvement Project Area 2
(700 Gardiners Road) with the following exceptions:
a)
The rebate of the Eligible Rehabilitation Costs through the Tax Increment-Based
Rehabilitation Grant Program (TIRGP) will be capped at $3.0 million within the
entire area identified as Community Improvement Project Area 2;
b)
Community Improvement Project Area 2 will not include municipal and education
tax cancellations made through the Brownfield Financial Tax Incentive Program
(BFTIP);
c)
Community Improvement Project Area 2 will not be eligible for the Initial Study
Grant; and
d)
“Financing costs” will not be included as an Eligible Rehabilitation Cost for
Community Improvement Project Area 2.
16
Page 1 of 1
Clause (x) to Report PC-16-052
A By-Law To Amend The Official Plan For The City Of Kingston Planning Area
(Amendment Number 49, 1145 McAdoo’s Lane)
Passed: [Meeting Date]
Whereas a public meeting was held regarding this amendment on March 5, 2015;
enacts as follows:
1.
The Official Plan for the City of Kingston is hereby amended by the following map
change which shall constitute Amendment Number 49 to the Official Plan for the
City of Kingston.
(a)
Amend Schedule ‘3-B, Land Use’, of the City of Kingston Official Plan, so as to
designate the lands located at 1145 McAdoo’s Lane, as shown on Schedule ‘A’
to By-Law Number 2016-____, from ‘Rural’ to ‘Rural Industrial’.
2.
of which, the By-Law shall be deemed to have come into force and take effect on
Given all Three Readings and Passed: [Meeting date]
John Bolognone
City Clerk
Bryan Paterson
Mayor
17
1158
1214
1190
1096
1174
1070
MCADOOS LANE
1060
1067
1624
1618
1616
R
D
1145
A
SE
R
E
TT
A
B
1201
619
OF
FW
B
1546
O
619
FE
B
61
9
ST
F
9O
61
266
CE
115
JO
Y
298
118
114
ON
1490
1480
1470
1464
1462
108
106 1456
1530
1528
1526
1524
1522
1518
1510
1504
a department of
Community
Services
DATE: 5/24/2016
1487
1481
1475
Official Plan Schedule 3-B, Land Use
City of Kingston
Applicant: McIntosh Perry Consulting Engineers
Address: 1145 McAdoo's Lane
Legal Description:CON WGCR, PT LOT 10 TO 12
0
30
60
1:6,000
90
120
Metres
B
EB
SCHEDULE 'A' TO BY-LAW
Official Plan Amendment Number
Planning, Building
NE
AL
ST
H
40 1
Y
W
O
619
TR
E
1174
H
401
WY
B
M
W
B
IA
AL
IT
N
O
9
1
6
1110
FF W
ON
LA
NE
1104
E
Lands Subject to change from Rural
Area to Rural Industrial
_________________
2016
Mayor
_____________________
Clerk 18
Page 1 of 2
A By-Law to Amend By-Law Number 76-26, “A By-Law to Regulate the use of
lands and the Character, Location and use of Buildings and Structures in The
Township of Kingston” (Zone Change from Restricted Agricultural ‘A1’ Zone to
Special Service Industrial ‘M3-5’ Zone, 1145 McAdoo’s Lane)
Passed: [Meeting Date]
amend By-Law Number 76-26, as amended, of the former Township of Kingston;
1.
By-Law Number 76-26 of The Corporation of the City of Kingston, entitled “A ByLaw to Regulate the Use of Lands and the Character, Location and Use of
Buildings and Structures in the Township of Kingston”, as amended, is hereby
further amended as follows:
1.1.
Map 1 of Schedule “A”, as amended, is hereby further amended by changing the
zone symbol of the subject site from Restricted Agricultural ‘A1’Zone to Special
Service Industrial ‘M3-5 Zone, as shown on Schedule “A” attached to and forming
part of By-Law Number 2016-___.
1.2.
By Adding a new subsection 26(3)(d) thereto as follows:
“(d)
M3-5
Notwithstanding the provisions of this by-law hereof to the contrary, the lands
designated ‘M3-5’ on Map 1 of Schedule ‘A’ hereto may be used in accordance
with the following special provisions:
(i)
Residential uses:
19
City of Kingston By-Law Number 2016-XXX
Page 2 of 2
Prohibited
(ii)
Additional Permitted Non-Residential uses: Open storage
Accessory business office
(iii)
Lot frontage
200 metres
(iv)
Front yard depth (minimum)
24 metres
(v)
Exterior side yard depth (minimum)
30 metres
(vi)
Interior side yard depth (minimum)
15 metres
(vii)
Rear yard depth (minimum)
100 metres
(viii)
Open Storage
(a) Every open storage use shall comply with the yard and setback provisions
of Section 5(20) and Section 26(d) hereof as if such open storage use
were a building or structure.
(b) No open storage use shall be located in a front yard
(c) Fencing for the open storage use is optional.”
2.
Given all Three Readings and Passed: [Meeting Date]
John Bolognone
City Clerk
Bryan Paterson
Mayor
20
1158
1214
1190
1096
1174
1070
MCADOOS LANE
1060
1067
1624
1618
1616
R
D
1145
A
SE
R
E
TT
A
B
1201
619
OF
FW
B
1546
O
619
FE
B
61
9
ST
F
9O
61
266
CE
115
JO
Y
298
118
114
DATE: 5/24/2016
ON
1490
1480
1470
1464
1462
108
106 1456
SCHEDULE 'A'
TO BY-LAW NUMBER
a department of
Community
Services
1530
1528
1526
1524
1522
1518
1510
1504
30
60
1:6,000
90
120
Metres
B
EB
1487
1481
1475
Applicant: McIntosh Perry Consulting Engineers
Address: 1145 McAdoo's Lane
Legal Description:CON WGCR, PT LOT 10 TO 12
0
NE
AL
ST
40 1
Y
W
O
619
TR
E
H
H
401
WY
B
M
W
1174
Planning, Building
B
IA
AL
IT
N
O
9
1
6
1110
FF W
ON
LA
NE
1104
E
LEGEND
Reference By-Law 76-26, Map 1
Rezoned from A1 to M3-5
_________________
2016
Mayor
_____________________
Clerk 21
A By-Law to Amend By-Law Number 76-26, “A By-Law to Regulate the Use of
Lands and the Character, Location and Use of Buildings and Structures in The
Township of Kingston” (Zone Change from site-specific General Commercial
Zone ‘C2-22’ to site-specific Residential Type 4 Zone ‘R4-39’, 965 Milford Drive)
amend By-Law Number 76-26, as amended, of the former Township of Kingston; and
further notice is required prior to the passing of the by-law;
1.
By-Law Number 76-26 of The Corporation of the City of Kingston, entitled “A ByLaw to Regulate the Use of Lands and the Character, Location and Use of
Buildings and Structures in The Township of Kingston”, as amended, is hereby
further amended as follows:
1.1.
Map 5 of Schedule “A”, as amended, is hereby further amended by changing the
zone symbol of the subject lands from ‘C2-22’ to ‘R4-39’, as shown on Schedule
“A” attached to and forming part of By-Law Number 2016-___.
1.2.
By Adding a new subsection 15(3)(ll) thereto as follows:
“(ll)
R4-39 (965 Milford Drive)
Notwithstanding the provisions of Section 5 and Section 15 hereof to the
contrary, the lands designated ‘R4-39’ on Schedule ‘A’ hereto and known
municipally as 965 Milford Drive, may be developed in accordance with
the following special provisions:
(i)
Permitted Uses: Permitted uses are limited to the following:
22
Page 2 of 4
(a)
Residential Uses:
an apartment dwelling house;
a transitional housing unit.
(b)
Office Uses:
a business office;
a professional office;
a support service.
(ii)
Definitions: For the purposes of this section, the following definition
shall apply:
(a)
Transitional housing unit means a group living
arrangement, in a single housekeeping unit, with access to
support services, in which it is intended that short term
accommodation be provided. A transitional housing unit
does not include a crisis care shelter as defined herein.
(b)
Crisis care shelter means a supervised group living
arrangement, in a single housekeeping unit, with access to
support services, in which it is intended that short term
emergency accommodation of a transient nature be
provided.
(c)
Support service means a service such as counseling,
addictions and mental health support, health and well-being,
life-skills training, exercise program and support group
meetings.
(iii)
Interior Side Yard Width: 4.2 metres; this interior side yard width
provision shall only apply to the building existing on the lands
zoned ‘R4-39’ as of the date of passing of this by-law.
(iv)
Dwelling Unit Area (minimum):
(a)
Bachelor dwelling unit: 20 square metres.
(v)
Distance of Detached Accessory Building or Structure from Main
Building: 0 metres.
(vi)
Yards Where Parking is Permitted: A maximum of six parking
spaces may be permitted in the exterior side yard provided that no
23
Page 3 of 4
part of the parking area, other than a driveway, is located closer
than 3.9 metres to the exterior side lot line.
2.
(vii)
A transitional housing unit use shall be located within the principal
building on the property.
(viii)
Business and professional offices and support services shall be
located within the principal building on the property, and restricted
to a maximum of 35 percent of the gross floor area of any building
or structure occupying the subject property.
(ix)
Total number of dwelling units: 10.
John Bolognone
City Clerk
Bryan Paterson
Mayor
24
825
830
826
LA
822
821
837
830
NC
984
812
STR AN
801
797
794
D BLVD
805
804
800
998
994
986
990
982
789
995
987
991
983
953
MI L
974
FOR
DD
960
R
961
970
975
964
968
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741
763
980
767
951
960
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956
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976
759
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817
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851
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959
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963
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971
866
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874
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SEX
TON
TAY
LO
DA 858 852
TZ
EL
LL
AN
863
E
DATE: 4/22/2016
1019
I DD
BLV
D
832
1015
1023
1005
1005
844
Planning, Building
a department of
Community
Services
R-K
1019
1015
824
997
995
SCHEDULE 'A'
TO BY-LAW NUMBER
LEGEND
Reference By-Law 76-26, Map 5
Applicant: Dawn House Women's Shelter
Address: 965 Milford Drive
Legal Description: CON 2 PT LOT 5 RP
13R5750;PARTS 1 TO 5
0
10 20 30 40
1:2,500
Metres
Rezoned from C2-22 to R4-39
E
_________________
2016
Mayor
_____________________
Clerk 25
A By-Law to Amend By-Law Number 8499, “Restricted Area (Zoning) By-Law of
the Corporation of the City of Kingston” (Zone Change from Site Specific ‘M9.296’
Zone to Site-Specific ‘M9.296-H’ Zone, 1471-1475 John Counter Boulevard and 16
Terry Fox Drive; and Zone Change from Site-Specific ‘M.177’ Zone to Site-Specific
‘M9.496-H’ Zone, 1479 John Counter Boulevard)
amend By-Law Number 8499, as amended, of the former City of Kingston;
1.
By-Law Number 8499 of The Corporation of the City of Kingston, entitled
“Restricted Area (Zoning) By-Law of The Corporation of the City of Kingston”, as
amended, is hereby further amended as follows:
1.1.
the zone symbol of the subject site located at 1471-1475 John Counter
Boulevard and 16 Terry Fox Drive from ‘M9.296’ to ‘M9.296-H’, as shown on
Schedule “A” attached to and forming part of By-Law Number 2016-___.
1.2.
the zone symbol of the subject site located at 1479 John Counter Boulevard from
‘M.177’ to ‘M9.496-H’, as shown on Schedule “A” attached to and forming part of
By-Law Number 2016-___.
1.3.
By Deleting section 296 in its entirety in Part VIII – Exceptions to Various Zone
Classifications.
26
Page 2 of 7
1.3
By Replacing section 296 in Part VIII – Exceptions To Various Zone
Classifications with the following:
“296. 1471-1475 John Counter Boulevard and 16 Terry Fox Drive
Notwithstanding the provisions of Section 31B.1 and 31B.2 hereof to the
contrary, the lands designated ‘M9.296-H’ on Schedule ‘A’ hereto, the
following regulations shall apply:
(a)
Permitted uses are limited to:
(i)
Business park uses:
(a)
offices for or in connection with businesses or
professions;
(b)
corporate administrative operations of an office nature;
(c)
data processing and related service, including call centre;
(d)
film or recording studio;
(e)
laboratory or research and development facility;
(f)
printing establishment;
(g)
technologically advanced manufacturing, fabricating and
assembling operations for the production high value
products (non-noxious);
(ii)
(h)
commercial school;
(i)
education centre; and
(j)
public use.
Complementary / commercial uses:
(a) bank or financial institution;
(b)
clinic;
(c)
retail store;
(d)
pharmacy;
(e)
restaurant (including a maximum of one drive-through
facility);
27
Page 3 of 7
(b)
(f)
personal service shop; and
(g)
day care.
Complementary / commercial uses shall be limited to a maximum of
25 percent of the total gross floor area of all buildings on the lands
designated M9.296-H.
(c)
Accessory uses:
(i)
Accessory uses are permitted in accordance with the General
Provisions;
(ii)
A maximum of 25% of the total floor area for any single tenant
or business may be used for the purposes of the display and
retail sale of products manufactured, processed, fabricated or
assembled on the premises.
(d)
Open storage is prohibited.
(e)
‘-H’ Holding Zone Provisions:
(i)
The ‘-H’ Holding provision applies to a day care use.
(ii)
The ‘-H’ Holding provision shall not be removed until the
following conditions have been satisfied:
(a)
The submission of a Phase I Environmental Site
Assessment and any subsequent assessment as
necessary, including a Record of Site Condition,
prepared by a qualified person as defined by the City of
Kingston and completed to the satisfaction of the City of
Kingston and which adheres to all applicable municipal
and provincial requirements; and
(b)
The submission of a satisfactory noise impact study
and provincial requirements.
28
Page 4 of 7
(f)
The provisions of Section 31B.2(i), Subsection (ii) of this By-Law
prohibiting parking within ten metres (10 m) of the street line and
requiring a landscaped berm to screen parking located between the
building and street line shall not apply; and
(g)
The provisions of Section 31B.2(l) of this By-Law requiring
minimum landscaping areas shall not apply.”
1.4
By Adding section 496 in Part VIII – Exceptions To Various Zone Classifications
as follows:
“496. 1479 John Counter Boulevard
Notwithstanding the provisions of Section 31B.1 hereof to the contrary, the
lands designated ‘M9.496-H’ on Schedule ‘A’ hereto, the following
regulations shall apply:
(a)
Permitted uses are limited to:
(i)
Business park uses:
(a)
offices for or in connection with businesses or
professions;
(b)
corporate administrative operations of an office nature;
(c)
data processing and related service, including call centre;
(d)
film or recording studio;
(e)
laboratory or research and development facility;
(f)
printing establishment;
(g)
technologically advanced manufacturing, fabricating and
assembling operations for the production high value
products (non-noxious);
(ii)
(h)
commercial school;
(i)
education centre; and
(j)
public use.
Complementary / commercial uses:
29
Page 5 of 7
(b)
(a)
bank or financial institution;
(b)
clinic;
(c)
retail store;
(d)
pharmacy;
(e)
restaurant;
(f)
personal service shop; and
(g)
day care.
Complementary / commercial uses shall be limited to a maximum of
25 percent of the total gross floor area of all buildings on the lot.
(c)
Accessory uses:
(i)
Accessory uses are permitted in accordance with the General
Provisions;
(ii)
A maximum of 25% of the total floor area for any single tenant
or business may be used for the purposes of the display and
retail sale of products manufactured, processed, fabricated or
assembled on the premises.
(d)
Open storage is prohibited.
(e)
‘-H’ Holding Zone Provisions:
(i)
The ‘-H’ Holding provision applies to a day care use.
(ii)
The ‘-H’ Holding provision shall not be removed until the
following conditions have been satisfied:
(a)
The submission of a Phase I Environmental Site
Assessment and any subsequent assessment as
necessary, including a Record of Site Condition,
and provincial requirements; and
30
Page 6 of 7
(b)
The submission of a satisfactory noise impact study
and provincial requirements.”
2.
This By-Law shall come into force and take effect on the day it is passed subject
John Bolognone
City Clerk
Bryan Paterson
Mayor
31
31
28
STE
21
VE
5
F ON
30
YO
DR
25
9
15
3
DR
TERRY FOX
35
49
67
83
SIR JOHN A. MACDONALD BLVD
16
1475
42
95
1473
1525
1573
1571 1551
GLENARDEN PL
DATE: 5/13/2016
72
5
7
MORAL CRT
2
16 14 12 10 8 6 4
233
249
OLD QUA RRY RD
217
220
236
252
83
180 174
142 136
154
158
164
357 9
2 4 68
16
157
173
21
17
128 122
139 133
10
29
35
110
ST. PAULS
57 9
17 21
77
75
73
69
50
1:4,000
75
100
Metres
967
74
56
62
31
LEGEND
Reference By-Law 8499, Map 10
Rezoned from M9.296 to M9.296-H
Applicant: Martin Group of Companies
Address: 1471-1479 John Counter Boulevard
and 16 Terry Fox Drive
Legal Description: Various
25
94
92
90
88
84
80
85
83
SCHEDULE 'A'
TO BY-LAW NUMBER
0
104
100
93
ROSEMUND CRES
PL
Planning, Building
a department of
Community
Services
18
27
25
23
80
74
YLE RD
268
L
20
11
9
261
29
28
26
24
22
82
R FO
277
31
ABE
261
12
10
33
30
29
27
23
21
17
15
18
34
32
BA
33
31
22
269
1479
ROSEMUND PL
39
37
34
32
30
28
271
1493
1355
JOHN COUNTER BLVD
46 43
40
38
1471
1507
1407
Rezoned from M.177 to M9.496-H
E
_________________
2016
Mayor
_____________________
Clerk 32

City of Kingston - City Council Agenda - Meeting 17-2016

Transcription

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