CITY COUNCIL MEETING NO. 21
The Regular Meeting of City Council was held on Tuesday, July 29, 2003 at 7:45 pm in the Council Chamber, City Hall. Her Worship Mayor Isabel Turner presided.
There was an "In-Camera" meeting of the Committee of the Whole from 6:30 pm to 7:45 pm in the Councillors’ Lounge.
(Council Chambers) ROLL CALL Present: Mayor Turner, Councillor Beavis, Councillor Campbell, Councillor Clements, Councillor Downes (arrived 7:05 pm), Councillor Foster (arrived 6:45 pm), Councillor Garrison (arrived 6:45 pm), Councillor George, Councillor Meers, Councillor Pater (arrived 6:45 pm), Councillor Rogers (arrived 6:35 pm), Councillor Stoparczyk, Councillor Sutherland (13)
(Council Chambers) Administrative Staff Present: Mr. B. Meunier, Chief Administrative Officer Ms. C. Beach, Commissioner of Planning & Development Services Mr. B. Bishop, Director, Human Resources Mrs. D. Campbell, Labour Relations Officer Mrs. C. Downs, Manager, Council Support/City Clerk Mr. S. Kanellos, Manager, Engineering Services Mr. H. Linscott, Director, Legal Services Mr. L. Thurston, Commissioner, Community Services Mr. H. Tulk, Chief, Fire & Rescue Services
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DISCLOSURE OF PECUNIARY INTEREST (1) Councillor Stoparczyk declared a pecuniary interest in the matter of Delegation No. 1 and Clause 1 of Report No. 72 as the presenter is a client of the real estate firm with which he is associated.
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COMMITTEE OF THE WHOLE “IN CAMERA” (A) Moved by Councillor George Seconded by Councillor Sutherland THAT Council resolve itself into the Committee of the Whole “In Camera” to consider the following items: 1. Labour Relations 2. Legal Matter 3. Personnel Matter CARRIED (Councillor Meers OPPOSED)
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(Council Chambers) City Council Meeting No. 21 Minutes July 29, 2003 Administrative Staff Present: Mr. B. Meunier, CAO Ms. S. Bailey, Senior Policy Planner, Planning & Development Services Ms. C. Beach, Commissioner, Planning & Development Services Mr. J. Davis, Projects Manager, Planning & Development Services Mrs. C. Downs, Manager, Council Support/City Clerk Mr. B. Finch, Manager, Airport Mr. G. Hunt, Manager, Finance Mr. H. Linscott, Director, Legal Services Mr. M. Morris, Manager, Transit Mrs. S. Powley, Acting Deputy Clerk Mr. L. Thurston, Commissioner, Community Services Mr. G. Wallace, Acting Manager, Planning & Development Services
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REPORT OF THE COMMITTEE OF THE WHOLE “IN CAMERA” (B) Moved by Councillor George Seconded by Councillor Beavis THAT Council rise from the Committee of the Whole “In Camera” without reporting. CARRIED
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DELEGATIONS Councillor Stoparczyk withdrew from the meeting.
Council consented to allow Delegation No. 1 ten minutes.
(1) Michael Peterson, President of REON Development Corporation, spoke to Council concerning the Davis Tannery site and the prospects for its redevelopment. (File No. CSU-C13-000-2003) (See Clause (1), Report No. 72)
Councillor Stoparczyk returned to the meeting.
Moved by Councillor Foster Seconded by Councillor George THAT, notwithstanding any provision of By-Law No. 98-1 “Council Procedural By-Law” to the contrary, David Carr-Harris be allowed to speak for five minutes concerning the City’s position on its bump-up request on the Howe Island Link Environmental Study Report and the Addendum. (File No. CSU-M11-000-2003; CSU-C13-000-2003) CARRIED (A 2/3 Vote of Council Was Received) DELEGATIONS
Page 461 City Council Meeting No. 21 Minutes July 29, 2003 (2) David Carr-Harris spoke to Council concerning the bump-up request on the Howe Island Link Environmental Study Report (Report No. PC059). (File No. CSU-C13-000-2003) (See Clause (6), Report No. 73)
Moved by Councillor Downes Seconded by Councillor Campbell THAT Clause 6 of Report No. 73 of the Planning Committee, regarding the Howe Island Link Environmental Assessment Bump-Up request, be moved forward on the agenda. CARRIED (A 2/3 Vote of Council Was Received) (See Recorded Vote) (See page 477)
A Recorded Vote was requested by Councillor Meers and commenced with same. YEAS: Mayor Turner, Councillor Beavis, Councillor Campbell, Councillor Clements, Councillor Downes, Councillor Foster, Councillor Pater, Councillor Stoparczyk, Councillor Sutherland (9) NAYS: Councillor Garrison, Councillor George, Councillor Meers, Councillor Rogers (4)
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REPORTS Report No. 70 of the Committee of the Whole “In Camera”
Moved by Councillor Foster Seconded by Councillor Stoparczyk That Report No. 70 of the Committee of the Whole be received and adopted.
Report No. 70
To the Mayor & Members of Council: The Committee of the Whole “In-Camera” reports and recommends:
1. THAT Terry Willing be appointed as the Acting Commissioner of Planning & Development Services for a period of approximately one year starting November 1, 2003. CARRIED
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REPORTS Report No. 71 of the Chief Administrative Officer (Consent)
Page 462 City Council Meeting No. 21 Minutes July 29, 2003 Council consented to the withdrawal of Clause (e)
Moved by Councillor Downes Seconded by Councillor Rogers THAT Report No. 71 of the Chief Administrative Officer (Consent) be received and adopted.
Report No. 71
To the Mayor and Members of Council: The Chief Administrative Officer reports and recommends as follows:
All matters listed on the Consent Report are considered to be routine and are enacted by one motion. There is no separate discussion on these items. If discussion is desired upon request of a Member of Council, that item is removed from the Consent Report and is considered separately. Council Members may request that an item be considered separately if they have a conflict of interest.
1. THAT Council consent to the approval of the following routine items:
(a) THAT a by-law be presented for three readings to provide for the temporary closure of Patrick Street from Alma Street to Pine Street and the temporary closure of Alma Street from Ordnance Street to Patrick Street on Sunday, August 17, 2003, from 7:00 am to 5:00 pm for community purposes (Over the Hill Soap Box Derby), subject to the following: • That the applicant shall pay for the cost of advertising the temporary street closure as invoiced by the Council Support Division. • That the applicant shall be responsible for the acquiring/renting, 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. • That the applicant shall agree to take out sufficient public liability property damage insurance in the amount of $2,000,000.00 to cover all risks. The policy shall be in a form and in an amount satisfactory to the City of Kingston and shall be kept in full force during the period of the proposed street closure. The City of Kingston shall be named as a party insured on the policy and the applicant shall provide the City of Kingston with a copy of the insurance policy. (File No. CSU-T08-000-2003) (See By-Law No. (1), 2003-349)
(b) WHEREAS the lands known municipally as 24 Faircrest Boulevard in the City of Kingston were designated to be of historical and architectural value by By-Law No. 3-84 (former Pittsburgh Township) “A By-Law To Designate Certain Properties As Properties Of Historic And Architectural Value Or Interest”, passed January 23, 1984, and; WHEREAS Section 34 of the Ontario Heritage Act, RSO 1990, Chapter 0.18, provides for an owner of property designated to be of architectural or historical value or interest to apply to the council of the municipality for consent to de-designate a portion of the lands, and;
REPORTS Report No. 71 of the Chief Administrative Officer (Consent)
Page 463 City Council Meeting No. 21 Minutes July 29, 2003 WHEREAS the owner of 24 Faircrest Boulevard has applied to the Council of the City of Kingston for such consent, and; WHEREAS Council consented to the de-designation of the vacant lot severed from the lot known municipally as 26 Faircrest Boulevard upon which the designated heritage building is situated by resolution dated June 24, 2003; THEREFORE BE IT RESOLVED THAT Council enact as follows: – Amend By-Law No. 3-84 as it affects Parts 3 and 4 on Reference Plan 13R 16806, of which Part 3 is designated. – Authorize the City Clerk to cause a copy of this amended by-law to be served on the owner of the aforesaid property and on the Ontario Heritage Foundation and cause notice of the passing of this by- law to be published in a newspaper having general circulation in the municipality and cause reference to said property to be amended from the Register established in Subsection 27(1) of the Ontario Heritage Act, RSO 1990, Chapter 0.18. – Authorize the City Solicitor to cause a copy of this by-law to be registered against the portion of the property identified as 24 Faircrest Boulevard in the proper land registry office. (File No. CSU-R01-000-2003) (See By-Law No. (2), 2003-350)
(c) THAT the City of Kingston enter into a Contract Agreement, in a form satisfactory to Legal Services, with Nav Canada for preventive and corrective maintenance of the Instrument Landing System, and; THAT the Mayor and City Clerk be authorized to sign the agreement. (File No. CSU-L04-000-2003)
(d) THAT Council accept the bid of Smith’s Construction Company Limited, being the only bid submitted, for Surface Treatment on Burnt Hills Road, Aley Street, Arnold Street, Brass Drive, Eunice Drive, Woodbine Road, Parkland Drive, and Bullen Road, at a unit price of $10.63 per lineal metre for single surface treatment and $20.35 per lineal metre for double surface treatment (taxes not included), and; THAT an agreement be entered into in a form satisfactory to the City Solicitor. (File No. CSU-F18-003-2003) CARRIED
(e) THAT the City execute a Lease Acknowledgement and Consent to Mortgage Refinancing in a form satisfactory to the City’s Manager of Properties and the City Solicitor and that the Mayor and City Clerk be authorized to sign that document. (File No. CSU-L04-000-2003) WITHDRAWN
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REPORTS Report No. 72 of the Chief Administrative Officer (Recommend)
Councillor Stoparczyk withdrew from the meeting.
Page 464 City Council Meeting No. 21 Minutes July 29, 2003
Moved by Councillor Campbell Seconded by Councillor Pater THAT Report No. 72 of the Chief Administrative Officer (Recommend) be received and adopted.
Report No. 72
To the Mayor and Members of Council: The Chief Administrative Officer reports and recommends as follows:
1. WHEREAS Council has directed staff to prepare a report on the process followed to date dealing with the tannery site and to report back to Council, and; WHEREAS staff has met on a number of occasions to discuss the development of the tannery site and the process to be followed to deal with the issues of development of that site, and; WHEREAS the ERASE Task Force Community Improvement Plan is in draft stages and has received approval in principle by the Committee of the Whole and is awaiting further public consultation and final approval by Council and the Ministry of Municipal Affairs & Housing, and; WHEREAS there is an issue of outstanding taxes on the tannery site that can only be dealt with through the tax sales under the Municipal Act, 2001; THEREFORE BE IT RESOLVED THAT Council endorse the continuance of following the tax sale for the tannery property, in accordance with the procedures set out in the Municipal Act, 2001, and; BE IT FURTHER RESOLVED THAT, in the likely event that a tax sale does not take place because of the substantial amount of outstanding taxes (approximately $2,600,000.00), the City solicit offers to purchase, remediate and develop from all interested parties, of which there are a number, including Inter-Global Investments Inc., during the one-year period following the unsuccessful tax sale, and; BE IT FURTHER RESOLVED THAT, if an offer to purchase, remediate and develop is received that is satisfactory to Council, the City proceed to vest title in itself and sell the property to the successful purchaser, and; BE IT FURTHER RESOLVED THAT the City not entertain the request of Inter-Global Investments, Inc., who is not the property owner but advises it has an agreement with the mortgage holder on the property, to acquire the right of the mortgage to foreclose on the property and take title, to cancel or postpone the tax sale and negotiate an agreement, and; BE IT FURTHER RESOLVED THAT any actions taken in the above steps will be brought to Council in the form of a report with appropriate recommendations. (File No. CSU-D22-000-2003) CARRIED (Councillors Beavis and Meers OPPOSED) (See Following Motion to DEFER Which Was LOST)
REPORTS Report No. 72 of the Chief Administrative Officer (Recommend)
Moved by Councillor Beavis Seconded by Councillor Sutherland
Page 465 City Council Meeting No. 21 Minutes July 29, 2003 THAT Clause 1 of Report No. 72 be deferred to allow staff to consider the comments provided by Mr. Conacher in his correspondence that was received this evening, and to allow staff an opportunity to report back to Council. LOST
Councillor Stoparczyk returned to the meeting.
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Report No. 73 of the Planning Committee
Moved by Councillor Stoparczyk Seconded by Councillor Foster THAT Report No. 73 of the Planning Committee be received and adopted, clause by clause.
Report No. 73
To the Mayor and Members of Council: The Planning Committee reports and recommends as follows:
1. WHEREAS an application has been submitted by 548935 Ontario Ltd for 875 Counter Street in the former geographic Township of Kingston requesting that the permitted uses and provisions in the site specific General Commercial “C2- 23” Zone be amended to permit additional uses and a reduced side yard requirement; and
WHEREAS a Public Meeting was held with respect to this matter on May 8, 2003:
THEREFORE BE IT RESOLVED THAT the application for Zoning By-Law Amendment (Our File No. D14-197-03) for the property located at 875 Counter Street in former geographic location of Township of Kingston, BE APPROVED, and;
BE IT FURTHER RESOLVED THAT Zoning By-Law No. 76-26 of the former Township of Kingston be amended as follows: That Section 19(3) (w) be deleted in its entirety and replaced with the following: “(w) C2-23
• Permitted Uses - Notwithstanding Section 19(1) (b) hereof to the contrary, the lands designated C2-23 shall be used for no other purpose than the following: – an automatic car wash – an automobile service station – an automotive centre – an appliance rental shop – a bank REPORTS Report No. 73 of the Planning Committee
– a beverage room – a boat sales establishment – a business or professional office – a clinic
Page 466 City Council Meeting No. 21 Minutes July 29, 2003 – a commercial club – a commercial school – a dry-cleaning or laundry outlet – a funeral home – a gasoline retail facility – a home occupation – an institute – a laundromat – a merchandise service shop – a vehicle sales or rental establishment – a parking lot – a personal service shop – a copy shop – a private club – a public use in accordance with the provisions of Section 5(18) – a restaurant – a take-out restaurant – a retail store – an undertaking establishment – a veterinary clinic – a shopping centre consisting of any of the permitted uses listed herein
• Side Yard Provision – Notwithstanding Section 19(2) (f) (ii) to the contrary, the existing building and any future additions may have a minimum side yard width of 2.5 metres along the east lot line; this side yard provision shall only apply to a maximum building length of 30 meters and shall include the length of the existing building.
• Open Storage Provision – Notwithstanding Section 19(2) (n) to the contrary, an open storage area may be located in a rear yard with a maximum area of 60 square metres; any open storage area shall be fenced and comply with the minimum yard requirements.” –and further– BE IT RESOLVED THAT the amending by-law be presented to Council for three readings. (See By-Law No. (3), 2003-351) CARRIED
REPORTS Report No. 73 of the Planning Committee
2. WHEREAS an application has been submitted by Jim Colden (Agent), with respect to lands located at 77 Alwington Avenue in Kingston Central requesting site specific amendments to the Zoning By-Law regulations to permit a semi- detached dwelling, and;
WHEREAS the statutory public hearing was held on June 12, 2003, and;
Page 467 City Council Meeting No. 21 Minutes July 29, 2003 WHEREAS a number of neighbourhood residents expressed concerns and objections respecting the proposed housing form and that approval may create a precedent for other similar applications, and;
WHEREAS the Planning Committee agrees with the concerns expressed by the neighbourhood residents and is of the opinion that a semi-detached dwelling is not in keeping with the existing pattern of development and does not meet the intent of the existing “A2” (one-family dwelling) Zone;
THEREFORE BE IT RESOLVED THAT the application for Zoning By-Law Amendment (Planning File No. D14-202- 03), submitted by Jim Colden respecting the 2276 square-metre parcel of land located at 77 Alwington Avenue, requesting site specific amendments to the Zoning By-Law regulations to provide for the development of a semi- detached dwelling with special regulations with respect to the side yard setbacks and number of dwelling units per lot, BE DENIED. DEFERRED (See Following Motion to DEFER Which Was CARRIED)
Moved by Councillor Rogers Seconded by councillor Stoparczyk THAT Clause 2 of Report No. 73 be deferred in order to allow further consultation between the owner and the residents to take place. CARRIED
3. WHEREAS an application has been submitted by Fil Scarpazza on behalf of Mr. And Mrs. A. Scarpazza with respect to the properties located at 100 and 104 Day Street, requesting approval for amendments to Zoning By-Law No. 8499, as amended, in order to permit the conversion of the existing duplexes on the properties into triplex dwellings, and;
WHEREAS the use of the subject property for triplex dwellings is consistent with the intent of the Official Plan and is considered to be compatible with the existing uses in the immediate area, and;
WHEREAS a public meeting was held with respect to this matter on June 12, 2003;
THEREFORE BE IT RESOLVED THAT the application to amend Zoning By-Law No. 8499 of the former City of Kingston (Our File No. D14-161-02) submitted by Fil Scarpazza for lands located at 100 and 104 Day Street, BE APPROVED, and;
REPORTS Report No. 73 of the Planning Committee
BE IT FURTHER RESOLVED THAT: (a) Zoning Map No. 8 of By-Law No. 8499, as amended, is hereby further amended by changing to “A5.329” the zone symbol of the lands located at 100 and 104 Day Street and shown as “Zone Change From A5 To A5.329”. (b) By adding the following as a new Section 329 immediately following Section 328: “329 100 and 104 Day Street
Page 468 City Council Meeting No. 21 Minutes July 29, 2003 On the properties known municipally as 100 and 104 Day Street and designated as “A5.329” on Zoning Map No. 8 attached to and forming part of By-Law No. _____ as Schedule “A”, the following regulations shall apply: (i) In addition to the list of permitted uses for the “A5” Zone, a triplex dwelling shall also be a permitted use.” –and further– BE IT RESOLVED THAT the amending by-law be presented to Council for three readings. (See By-Law No. (4), 2003-352) CARRIED (7:6) (See Recorded Vote)
A Recorded Vote was requested by Councillor Meers and commenced with same. YEAS: Mayor Turner, Councillor Downes, Councillor Foster, Councillor George, Councillor Pater, Councillor Rogers, Councillor Sutherland (7) NAYS: Councillor Beavis, Councillor Campbell, Councillor Clements, Councillor Garrison, Councillor Meers, Councillor Stoparczyk (6)
4. WHEREAS an application has been submitted by Dacon Corporation Limited with respect to 787-791 Shires Way, in Kingston West requesting that the existing “R4-26” Modified Residential Zone be amended to a “R4-29” Modified Residential Zone in order to permit the lots to be used for additional parking for the adjacent Funeral Home, and;
WHEREAS a public meeting was held with respect to this matter on June 12, 2003;
THEREFORE BE IT RESOLVED THAT the application for Zoning By-Law Amendment (Our File No. D14-196-03) submitted by Dacon Corporation Limited for 787-791 Shires Way, BE APPROVED, and;
BE IT FURTHER RESOLVED THAT Zoning By-Law No. 76-26 of the former Township of Kingston be amended as follows:
– That Zoning Map No. 5 of By-Law No. 76-26, as amended, is hereby further amended by changing to “R4-29” the zone symbol of the lands shown as “Zone Change From R4-26 To R4-29”;
– That Section 15(3) (bb) is further amended as follows: (bb) R4-29 Notwithstanding any provisions this By-Law to the contrary, the lands designated as “R4-29” shall be used in accordance with Section 15(3) (x) or may be used as a parking lot for the abutting funeral home in accordance with the following provisions: REPORTS Report No. 73 of the Planning Committee
i) Maximum number of parking spaces - 54 spaces ii) No parking space or parking area shall be located closer than 1m from the lot line of lot 4L, of Registered Plan 13M-2 iii) No access to parking spaces or parking areas shall be provided directly from a public street. iv) Use or development shall not be permitted until such time as the City of Kingston has approved a site development plan, such a plan shall include but not be limited to landscaping, buffering, grading and drainage v) In no way shall any part of the lands zoned “R4-29” be used to calculate any Zoning requirement for the abutting C2-29 Zoning on the funeral home lands.
Page 469 City Council Meeting No. 21 Minutes July 29, 2003 –and further– BE IT RESOLVED THAT the amending by-law be presented to Council for three readings. (See By-Law No. (3), 2003-353) CARRIED
5. WHEREAS an application has been submitted by Lorelei Jones & Associates, on behalf of J. A. Pye (Ontario) Limited (Owner), for revisions to the approved Draft Plan of Subdivision for Phases 2 and 3 of the “Lyndenwood Subdivision”, of which Phase 2 comprises a total of 12.538 ha of vacant land and Phase 3 comprises a total of 7.799 ha. of vacant land, located in the Cataraqui North Neighbourhood in Kingston West, and;
WHEREAS the Ministry of Municipal Affairs & Housing previously issued Draft Plan Approval on January 30, 1998 for an area of approximately 68.9 ha. (170 acres) covering the entire Dacon Corporation Holdings, including the subject lands, which provided for 216 single-detached dwellings, 889 low-density residential units (single-detached, semi- detached, three unit, four unit and townhouse dwellings), 152 medium-density residential units (semi-detached, row, apartment dwellings), 6 commercial blocks, 1 institutional block, 5 open-space blocks, 11 future low-density residential blocks, 2 future medium-density residential blocks and the associated network of streets, lanes and reserves, and;
WHEREAS the approval authority for this Plan of Subdivision has now been delegated to the Municipality, and;
WHEREAS the request for changes to the Conditions of Draft Plan Approval was circulated to the City’s Technical Staff and Outside Agencies for review/comments and any additional requirements have been incorporated into the revised conditions of Draft Plan Approval;
THEREFORE BE IT RESOLVED THAT the request for approval of a Revised Draft Plan of Subdivision and Amendments to the Conditions of Draft Plan Approval (Our File Nos. D12-63-02 and D12-69-03), submitted by Lorelei Jones & Associates, on behalf of J. A. Pye (Ontario) Limited (Owner), for Phases 2 and 3 of the “Lyndenwood Subdivision located in the Cataraqui North Neighbourhood BE APPROVED, and;
BE IT FURTHER RESOLVED THAT the Conditions of Draft Plan Approval dated January 30, 1998, be amended for Phase 2 of the Lyndenwood Subdivision as follows:
• That Condition No. 1. be amended to include the following Revised Draft Plan of Subdivision respecting Parts of Lots 14 and 15, Concession 3, in the City of Kingston, said lands comprising Lots 125 – 216 inclusive, Blocks 218 – 221 inclusive, and Parts of Blocks 231 and 232, and Parts of Streets “A”, “E”, “F”, “I” and “T” and all of Street “O” as shown on the Draft Plan of Subdivision prepared by M. Peter Allen, OLS of Grange W. Elliot Ltd., dated June 9, 1997 and revised December 12, 1997: REPORTS Report No. 73 of the Planning Committee
“1A. That this revised approval applies to the Draft Plan of Subdivision, prepared by D.R. Barker & Associates Ltd., Consulting Engineers, Dated September 2002, showing the proposed subdivision of the 12.538 hectare parcel of land located north of Langfield Street in the Cataraqui North Neighbourhood, and comprised of the following:
– 84 lots for single detached dwellings (Lots 1-76 and Lots 121-128 inclusive) – 14 blocks for residential development (Blocks 72 – 87, inclusive) – 4 blocks for Open Space (Blocks 88, 89, 91 and 92) – 1 block for commercial development (Block 90) – 7 blocks for 0.3 metre reserves (Blocks 98, 100, 104, 105, 110, 113 & 114) – 5 blocks for rear lanes (Blocks 94, 95, 102, 106 and 115)
Page 470 City Council Meeting No. 21 Minutes July 29, 2003 – 11 blocks for future development (Blocks 93, 96, 97, 99, 101, 103,107, 108, 109, 111 & 112) – 5 streets (northerly extensions of Augusta Drive and Abbot Street, easterly extension of Crossfield Avenue, and northerly extensions of Morningside Drive and Chadwick Drive), and;
• That this Revised Draft Plan shall be subject to the Conditions set out in the Draft Plan Approval issued by the Minister of Municipal Affairs & Housing, dated January 30, 1998, respecting Ministry File No. 10-T-95004.
• That in addition to the Ministry of Municipal Affairs & Housing’s Conditions of Draft Plan Approval, the following additional conditions shall apply to the Revised Draft Plan set out in Clause 1A above: (i) That, prior to final approval of the Plan of Subdivision, the Owner shall provide confirmation that civic addresses have been assigned to the proposed lots by the Municipality’s Planning Division. The Draft M-Plan shall be submitted to the Planning Division in an AutoCAD readable format on either a 3 ½ inch diskette or a compact disc (CD), together with 2 paper prints. (ii) That, prior to final approval of the Subdivision, a Noise Study shall be prepared and certified by a Professional Engineer to the Municipality’s satisfaction to specifically address the impacts of the proposed roads, specifically Augusta Drive, Andersen Drive and Princess Street on the residential lots. The recommendations of the Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement any noise attenuation measures required by the Study, to the satisfaction of the Municipality. (iii) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Surveyor’s Certificate to the City which confirms that the blocks and proposed lots within the Subdivision conform to the applicable minimum lot area, lot frontage and setback requirements of the Zoning By- Law. (iv) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Geotechnical Report, prepared and certified by a Professional Engineer, for approval by the Municipality. The recommendations of the Report shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Report recommendations to the satisfaction of the Municipality. (v) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Storm Water Management Report, prepared and certified by a Professional Engineer, for approval by the Municipality and the Cataraqui Region Conservation Authority. The recommendations of the report shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the report recommendations to the satisfaction of the Municipality.
REPORTS Report No. 73 of the Planning Committee
(vi) That, prior to final approval of the Plan of Subdivision, the Owner shall enter into an Agreement with the Municipality to construct the required services. (vii) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Tree Preservation Plan for review and approval by the Municipality. (viii) That Conditions 6 and 25-30 inclusive are hereby amended to reflect the Municipality as the Approval Authority rather than the Ministry of Municipal Affairs & Housing, and that any required Clearance Letters are to be forwarded to the Municipality and not the Ministry of Municipal Affairs & Housing. (ix) That temporary turning circles may be required at the end of August Drive and Andersen Drive. Prior to final approval of the Plan of Subdivision, the Owner shall submit written permission from the
Page 471 City Council Meeting No. 21 Minutes July 29, 2003 adjacent land owners for any works to be constructed outside the boundaries of this Draft Plan of Subdivision. (x) That Lots 1 and 2 shall not be developed until such time as the road and services fronting the lots are constructed. (xi) That Block 104 shall not be developed until such time as it has been transferred to and combined with the lots/blocks to the north and east; (xii) That Blocks 93 and 96 shall not be developed until such time as they have been transferred to and combined with the lots/blocks to the north and east. (xiii) That Blocks 78, 79, 95, 98-102 inclusive and 104 shall not be developed until such time as they can be combined with the Blocks to the east, therefore completing Crossfield Avenue from Abbot Street to Andersen Drive. (xiv) That Lot 49 shall not be developed until such time as it is transferred to and combined with Block 97 in Phase 3 of the “Lyndenwood” Subdivision. (xv) That any proposed construction phasing / staging shall be approved by the Municipality and set out in the Subdivision Agreement. (xvi) That driveway access will be restricted for certain lots along Augusta Drive and Crossfield Avenue. (xvii) That Block 91 shall be completely developed as park land during construction of Stage 1 of Phase 2. The design of Block 91 shall be to the satisfaction of the Cultural Services Division. (xviii) That Block 88 shall be developed as park land to the satisfaction of the Cultural Services Division. (xix) That Blocks 94, 95, 102, 106, 108, 109 and 115 shall be designated as rear lanes and shall not be owned or maintained by the Municipality. A notice to future purchasers and land owners in regard to rear lane ownership shall be included in the Subdivision Agreement. (xx) That the naming of the rear lanes shall be to the Municipality’s satisfaction in accordance with the adopted Street Naming Conventions. (xxi) That, prior to final approval, the developer shall provide an updated traffic study to the Municipality. The updated traffic study shall be used to determine the owner’s contribution to a future left-turn lane on Andersen Drive at Princess Street. The contribution shall be determined on the basis of the percentage of traffic generated by the “Lyndenwood” Subdivision as a percentage of the total anticipated traffic on Andersen Drive. REPORTS Report No. 73 of the Planning Committee
(xxii) That, prior to final approval for Phase 2 of the “Lyndenwood” Subdivision, construction of the B2E Storm Water Management Pond for the Cataraqui North Neighbourhood shall be complete. (xxiii) That, prior to final approval, the Owner shall provide the Municipality with Architectural Control Guidelines to apply to the dwellings to be constructed along the extension of Augusta Drive and Crossfield Avenue.
• That in addition to the Notes to the Ministry of Municipal Affairs & Housing’s Conditions of Draft Plan Approval, the following amended or new Notes shall apply to the Revised Draft Plan set out in Clause 1A above: (i) That Note 1 to the Ministry of Municipal Affairs & Housing’s Draft Plan Approval of January 30, 1998, shall be deleted in its entirety and be replaced with the following new Note 1:
Page 472 City Council Meeting No. 21 Minutes July 29, 2003 “It is the applicant’s responsibility to fulfill the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Planning Division, Planning and Development Services, of the City of Kingston.” (ii) That Note 11 to the Ministry of Municipal Affairs & Housing’s Draft Plan Approval of January 30, 1998, shall be deleted in its entirety and be replaced with the following new Note 11: “11. The Final Plan approved by the City must be registered within 30 days or the City may, under Subsection 51(59) of the Planning Act, withdraw its approval.” (iii) That the following shall be added as Note 12: “12. When requesting Final Approval, the Applicant shall submit a detailed account of how each Condition of Draft Approval has been satisfied along with the appropriate clearance letter from the Agency, Ministry of Municipal Affairs & Housing or body requesting the condition.” (iv) That the following shall be added as Note 13: “13. Prior to Final Plan Approval, the Applicant shall submit to the City of Kingston for review 4 draft copies of all Reference Plans and Survey Plans and 3 draft copies of the Final M- Plan.” (v) That the following shall be added as Note 14: “14. When requesting Final Approval, such a request must be directed to the Planning Division and be accompanied with: 8 Mylar and 4 paper prints of the completed Final M-Plan, 4 copies of all Reference Plans and 4 copies of all Conveyance Documents for all easements and lands being conveyed to the Municipality; and, A Surveyor’s Certificate to the effect that the lots and blocks on the Plan conform to the Zoning By-Law.”
REPORTS Report No. 73 of the Planning Committee
(vi) That the following shall be added as Note 15: “15. Ontario Hydro Services advises that an electrical distribution line operating at below 50,000 volts might be located within the area affected by this development or abutting this development. Section 186 – Proximity – of the Regulations for Construction Projects in the Occupational Health and Safety Act, requires that no object be brought closer than 3 metres (10 feet) to the energized conductor. It is the proponent’s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the electrical conductors can raise and lower without warning, depending on the electrical demand placed on the line. Warning signs should be posted on the wood poles supporting the conductors stating “DANGER – Overhead Electrical Wires” in all locations where personnel and construction vehicles might come in close proximity to the conductors.”
Page 473 City Council Meeting No. 21 Minutes July 29, 2003 –and further– BE IT RESOLVED THAT the Conditions of Draft Plan Approval, dated January 30, 1998, be amended for Phase 3 of the Lyndenwood Subdivision as follows:
• That Condition No. 1. be amended to include the following Revised Draft Plan of Subdivision respecting Parts of Lots 14 and 15, Concession 3, in the City of Kingston, said lands comprising Lots 125 – 216 inclusive, Blocks 218 – 221 inclusive, and Parts of Blocks 231 and 232, and Parts of Streets “A”, “E”, “F”, “I” and “T” and all of Street “O” as shown on the Draft Plan of Subdivision prepared by M. Peter Allen, O.L.S. of Grange W. Elliot Ltd., dated June 9, 1997 and revised December 12, 1997: “1A. That this revised approval applies to the Draft Plan of Subdivision, prepared by D.R. Barker & Associates Ltd., Consulting Engineers, Dated September 2002, showing the proposed subdivision of the 7.79 hectare parcel of land located on the east and west sides of Andersen Drive, north of Ellesmeer Avenue in the Cataraqui North Neighbourhood, and comprised of the following: • 36 lots for single detached dwellings (Lots 1-36 inclusive) • 8 blocks for residential development (Blocks 37-44 inclusive); • 2 blocks for rear lanes (Blocks 45 and 46); • 4 streets (northerly extension of Andersen Drive and three new streets, Richwood Crescent, Richwood Street and Seale Court).
• That this Revised Draft Plan shall be subject to the Conditions set out in the Draft Plan Approval issued by the Ministry of Municipal Affairs & Housing, dated January 30, 1998, respecting Ministry File No. 10-T-95004.
• That in addition to the Ministry of Municipal Affairs & Housing’s Conditions of Draft Plan Approval, the following additional conditions shall apply to the Revised Draft Plan set out in Clause 1A above: (i) That, prior to final approval of the Plan of Subdivision, the Owner shall provide confirmation that civic addresses have been assigned to the proposed lots by the Municipality’s Planning Division. The Draft M-Plan shall be submitted to the Planning Division in an AutoCAD readable format on either a 3 ½-inch diskette or compact disc (CD), together with 2 paper prints. (ii) That, prior to final approval of the Subdivision, a Noise Study shall be prepared and certified by a Professional Engineer, to the Municipality’s satisfaction, to specifically address the impacts of the proposed roads, specifically Andersen Drive, Crossfield Avenue, and Sydenham Road on the residential lots. The recommendations of the Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement any noise attenuation measures required by the Study to the satisfaction of the Municipality. REPORTS Report No. 73 of the Planning Committee
(iii) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Surveyor’s Certificate to the City which confirms that the Blocks and proposed lots within the Subdivision conform to the applicable minimum lot area, lot frontage and setback requirements of the Zoning By- Law. (iv) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Geotechnical Report, prepared and certified by a Professional Engineer, for approval by the Municipality. The recommendations of the Report shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Report recommendations, to the satisfaction of the Municipality. (v) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Storm Water Management Report, prepared and certified by a Professional Engineer, for approval by the Municipality and the Cataraqui Region Conservation Authority. The recommendations of the Report
Page 474 City Council Meeting No. 21 Minutes July 29, 2003 shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Report recommendations, to the satisfaction of the Municipality. (vi) That, prior to final approval of the Plan of Subdivision, the Owner shall enter into an Agreement with the Municipality to construct the required services. (vii) That, prior to final approval of the Plan of Subdivision, the Owner shall submit a Tree Preservation Plan for review and approval by the Municipality. (viii) That Conditions 6 and 25–30 inclusive are hereby amended to reflect the Municipality as the Approval Authority rather than the Ministry of Municipal Affairs & Housing, and that any required Clearance Letters are to be forwarded to the Municipality and not the Ministry of Municipal Affairs & Housing. (ix) That a temporary turning circle may be required at the end of Andersen Drive. Prior to final approval of the Plan of Subdivision, the Owner shall submit written permission from the adjacent land owners for any works to be constructed outside the boundaries of this Draft Plan of Subdivision. (x) That Lots 10-15 inclusive shall not be developed until such time as they are transferred to and combined with Lots 47-49 in Phase 2. (xi) That any proposed construction phasing/staging shall be approved by the Municipality and set out in the Subdivision Agreement. (xii) That driveway access will be restricted for certain lots along Andersen Drive and Crossfield Avenue (Lots 22 & 36 and Block 42). (xiii) That no new development in Block 41 shall front onto Sydenham Road. (xiv) That Blocks 45 and 46 shall be designated as rear lanes and shall not be owned or maintained by the Municipality. A notice to future lot owners in regard to rear land ownership shall be included in the Subdivision Agreement. (xv) That the naming of the rear lanes shall be to the Municipality’s satisfaction in accordance with the adopted Street Naming Conventions.
REPORTS Report No. 73 of the Planning Committee
(xvi) That, prior to final approval, the developer shall provide an updated traffic study to the Municipality. The updated traffic study shall be used to determine the owner’s contribution to a future left-turn lane on Andersen Drive at Princess Street. The contribution shall be determined on the basis of the percentage of traffic generated by the “Lyndenwood” Subdivision as a percentage of the total anticipated traffic on Andersen Drive. (xvii) That, prior to final approval for Phase 3 of the Lyndenwood Subdivision, construction of the B2E Storm Water Management Pond for the Cataraqui North Neighbourhood shall be complete. (xviii) That, prior to final approval, either Richwood Street or Richwood Crescent shall be renamed to the satisfaction of the Municipality in order to comply with the adopted Street Naming Conventions.
• That in addition to the Notes to the Ministry of Municipal Affairs & Housing’s Conditions of Draft Plan Approval, the following amended or new Notes shall apply to the Revised Draft Plan set out in Clause 1A above: (i) That Note 1 to the Ministry of Municipal Affairs & Housing’s Draft Plan Approval of January 30, 1998, shall be deleted in its entirety and be replaced with the following new Note 1:
Page 475 City Council Meeting No. 21 Minutes July 29, 2003 “It is the applicant’s responsibility to fulfil the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the Planning Division, Planning and Development Services, of the City of Kingston.” (ii) That Note 11 to the Ministry of Municipal Affairs & Housing’s Draft Plan Approval of January 30, 1998 shall be deleted in its entirety and be replaced with the following new Note 11: “11. The Final Plan approved by the City must be registered within 30 days or the City may, under Subsection 51(59) of the Planning Act, withdraw its approval.” (iii) That the following shall be added as Note 12: “12. When requesting Final Approval, the Applicant shall submit a detailed account of how each Condition of Draft Approval has been satisfied along with the appropriate clearance letter from the Agency, Ministry or body requesting the condition.” (iv) That the following shall be added as Note 13: “13. Prior to Final Plan Approval, the Applicant shall submit to the City of Kingston for review 4 draft copies of all Reference Plans and Survey Plans and 3 draft copies of the Final M- Plan.” (v) That the following shall be added as Note 14: “14. When requesting Final Approval, such a request must be directed to the Planning Division and be accompanied with: