City of Kingston Report to Committee of Adjustment Report Number COA

Transcription

1 To: From: Date of Meeting: Application for: File Number: Address: Owner: Applicant: City of Kingston Chair and Members of Committee of Adjustment Sajid Sifat, Intermediate Planner Minor Variance D &163 Pauline Tom Avenue RGH Development Inc. Robert Haynes Executive Summary: This report provides a recommendation to the Committee of Adjustment regarding minor variances for the properties located at 150 & 163 Pauline Tom Avenue. The purpose and effect of the application is to amend Section 5(11)(c) of Zoning By-Law Number to allow lot lines to be used as a reference to apply setbacks instead of zone boundary lines for lots where multiple zone boundaries intersect, in order to allow the development of a single-detached dwelling on each of the subject single-detached residential lots. The subject property at 150 Pauline Tom Avenue contains 3 zone boundaries R11-1, R12-1 and R12-2. The property at 163 Pauline Tom Avenue contains 2 zone boundaries R11-1 and R12. It is requested that for these lots where multiple zones intersect, the most stringent zone provisions within the applicable zones will apply. The requested minor variances are consistent with the general intent and purpose of both the City of Kingston Official Plan and Zoning By-Law Number The requested minor variances are desirable for the appropriate development or use of the land, building or structure and are minor in nature. As such, the requested variances meet all four tests under Subsection 45(1) of the Planning Act and are recommended for approval. Recommendation: It is recommended that minor variance application, File Number D , for the property located at 163 Pauline Tom Avenue to amend Section 5(11)(c) of the zoning by-law to allow lot Committee of Adjustment Meeting Number 09 91

2 Page 2 of 12 lines to be used as a reference to apply setbacks instead of zone boundary lines for lots where multiple zone boundaries intersect in order to allow the development of a single detached dwelling on the property. It is recommended that minor variance application, File Number D , for the property located at 163 Pauline Tom Avenue to amend Section 5(11)(c) of the zoning by-law to allow lot lines to be used as a reference to apply setbacks instead of zone boundary lines for lots where multiple zone boundaries intersect in order to allow the development of a single detached dwelling on the property, be approved. Committee of Adjustment Meeting Number 09 92

3 Page 3 of 12 Variance: By-Law Number 32-74: Requirement: Proposed: Section 5(11)(c) More than One Zone on a Lot Where a lot is divided into more than one zone, each such portion of the lot shall, for the purpose of this by-law, be considered a separate lot and shall be used in accordance with the applicable zone provision. Where a lot is divided into more than one zone, the zone provisions shall be applied to the lot boundary and not to the zone boundary. Approval of the foregoing variance shall be subject to the following conditions: 1. Limitation That the approved variance applies only to the subject lot and its residential development as per the approved plans attached to the notice of decision. 2. No Adverse Impacts The owner/applicant shall demonstrate to the satisfaction of the City that there are no adverse impacts on neighbouring properties as a result of any modifications to on-site grading or drainage. Committee of Adjustment Meeting Number 09 93

4 Page 4 of 12 Authorizing Signatures: Sajid Sifat, Intermediate Planner In Consultation with the following Management of the Community Services Group: Paige Agnew, Director, Planning, Building & Licensing Services Lanie Hurdle, Commissioner, Community Services Committee of Adjustment Meeting Number 09 94

5 Page 5 of 12 Options/Discussion: On June 21, 2018, a minor variance application was submitted by the owner Robert Haynes with respect to the properties located at 150 and 163 Pauline Tom Avenue. A variance is requested to amend Section 5(11)(c) of Zoning By-Law Number to allow lot lines to be used as a reference to apply setbacks instead of zone boundary lines for lots where multiple zone boundaries intersect in order to allow the development of a single-detached dwelling on each of the subject residential lots. The subject property at 150 Pauline Tom Avenue is contains 3 zone boundaries Residential Type 11 Zone - R11-1, site specific Residential Type 12 zones - R12-1 and R12-2. The lot at 163 Pauline Tom Avenue contains 2 zone boundaries site specific Residential Type 11 - R11-1 and Residential Type 12 zone - R12. For these lots where multiple zones intersect, the most stringent zone provisions within the applicable zones will apply. For 150 Pauline Tom Avenue, the provisions of the R12-2 zone will apply and for 163 Pauline Tom Avenue, the provisions of the R12 zone will apply. In support of the application, the applicant has submitted the following: Cover Letter; and Plot Plan (Exhibit C). All submission materials are available online through the Development and Services Hub (DASH) at the following link, DASH, using Look-up a Specific Address. If there are multiple addresses, search one address at a time, or submission materials may also be found by searching the file number. Site Characteristics Subject lot at 150 Pauline Tom Avenue is a 3,114 square metre parcel of undeveloped land that is located along the north side of Pauline Tom Avenue and is described as Block 48 on registered plan 13M-100 which also includes parts on plan 13R The subject lot at 163 Pauline Tom has an area of 944 square metres and is located along the south side of Pauline Tom Avenue and is described as Block 45 on registered plan 13M-100 which includes Parts 1, 2, 31-33, 41 & 42 on plan 13R Both these lots are located within the Baxter Farm Subdivision with existing single detached dwellings surrounding the subject lots. The subject property at 150 Pauline Tom Avenue is designated Low Density Residential, Environmental Protection Area and Site Specific Policy Area Number RC-1-2 (Baxter Farm Subdivision) within the Rideau Community Secondary Plan area in the Official Plan and zoned R11-1, R12-1 and R12-2 in Zoning By-Law Number The subject property at 163 Pauline Tom Avenue is designated Low Density Residential and Site Specific Policy Area Number RC- 1-2 (Baxter Farm Subdivision) within the Rideau Community Secondary Plan area in the Official Plan and zoned R11-1, and R12 in Zoning By-Law Number The subject properties abut single detached dwellings. Committee of Adjustment Meeting Number 09 95

6 Page 6 of 12 Application The review of an application for a minor variance is not a simple mathematical calculation, but rather a detailed assessment of whether the variance requested, meets the four tests of a minor variance outlined in Subsection 45(1) of the Planning Act. The following provides this review: 1) The general intent and purpose of the Official Plan are maintained The subject properties at 150 and 163 Pauline Tom Avenue are designated Low Density Residential and Environmental Protection Area and are within Site Specific Policy Area Number RC-1-2 (Baxter Farm Subdivision) within the Rideau Community Secondary Plan area in the Official Plan. A small portion at the rear of 150 Pauline Tom is designated Environmental Protection Area (EPA) in the Official Plan. The requested relief is necessary to permit the construction of a proposed single-detached dwelling on each lot, a use which is permitted within the Low Density Residential designation for this site as well as the site-specific policy RC-1-2. Any impact on the EPA designation has been reviewed through the zoning by-law amendment, Draft Plan of Subdivision and Final Plan of Subdivision process. The EPA designated area is outside the proposed building envelope. The EPA designation falls within the R12-2 zoning which allows a single-detached dwelling as a permitted use. In addition, a 6.0 metre wide buffer is also required by the applicable R12-2 zone to ensure that the EPA designation portion of the lot is free of any building or structures. In considering whether a variance is desirable for the appropriate development or use of the land, building or structure, the Committee of Adjustment will have regard to the criteria of Section of the Official Plan. a. The proposed development meets the intent of Section 2 Strategic Policy Direction, and all other applicable policies of the Official Plan. The proposal is to allow a single-detached dwelling to be constructed on each lot which is a permitted use in the R1 and R2 zones. The proposed development will not have any negative impact on the adjacent properties since the proposed developments are characteristic of a residential subdivision. b. The proposed development will be compatible with surrounding uses, buildings or structures and development standards associated with adjacent properties, and if necessary, incorporate means of alleviating adverse effects on abutting land uses as recommended in Section 2.7 of this Plan. The proposed development of single-detached dwelling units will be compatible with the abutting residential uses and character of the neighbourhood and will not result in any adverse impacts on the abutting uses, the streetscape or character of the neighbourhood. Committee of Adjustment Meeting Number 09 96

7 Page 7 of 12 c. The ability of the site to function in an appropriate manner in terms of access, parking or any other matter and means of improving such function. The proposed single-detached dwelling will be located on lots that were created through an existing plan of subdivision. The lots have frontage onto Pauline Tom Avenue and access is provided through this street into the existing residential lots. The proposed development will meet on-site parking requirements for a single-detached dwelling. d. The resulting development has adequate municipal water and sewage services within the Urban Boundary, or is capable of providing individual on-site water and sewage services outside the Urban Boundary. Proposed development of a single-detached dwelling will be located on lots created though a plan of subdivision within the urban boundary that is serviced by municipal water and sewer services. Servicing is reviewed prior to Final Plan of Subdivision approval to ensure that there is sufficient servicing capacity for all lots within a subdivision. e. Whether the application and the cumulative impact of the proposed variances would be more appropriately addressed by a zoning amendment to the applicable zoning by-law. The proposed minor variance application would not be more appropriately addressed by a zoning by-law amendment as that process is significantly more onerous and unnecessary to achieve the desired result of constructing a single-detached dwelling on the property, particularly given that the property is within a site-specific zone applying to the Greenwood Park West subdivision. Further, the site has been previously approved by City Council through the approval of the Draft Plan of Subdivision and zoning by-law amendment as well as the subsequent Part Lot Lift which enabled the creation of the lot. It is clear that the intent of Council is to develop this lot with a single-detached dwelling, as proposed. The need for a relief from the zoning by-law arises from a technicality of the zoning by-law. This proposal will not set a negative precedent as Council has already indicated its intent to permit the development of this property as proposed. f. The Committee of Adjustment may attach such conditions as it deems appropriate to the approval of the application for a minor variance including any reasonable requirements, recommendations of City departments, or the submission of studies as listed in Section 9.12 of this Plan that may be required to properly evaluate the application. Recommended conditions of approval are provided in this report. g. The degree to which such approval may set an undesirable precedent for the immediate area. Committee of Adjustment Meeting Number 09 97

8 Page 8 of 12 The proposal will not set an undesirable precedent for the immediate area. The proposal meets the intent of the Official Plan, as the proposed conversion of the ground floor to two residential units will not result in any negative impacts to adjacent properties or to the neighbourhood. 2) The general intent and purpose of the zoning by-law are maintained The property at 150 Pauline Tom Avenue contains 3 zone boundaries R11-1, R12-1 and R12-2. The property at 163 Pauline Tom Avenue contains 2 zone boundaries R11-1 and R12. For these lots where multiple zones intersect, the most stringent zone provisions within the applicable zones will apply. For 150 Pauline Tom Avenue, the R12-2 zone will apply and for 163 Pauline Tom Avenue, the R12 zone will apply. Both the R12-2 zone and the R12 zone allow a single-detached dwelling as a permitted use. Section 5(11)(c) of the zoning by-law states that where a lot is divided into more than one zone, each such portion of the lot shall, for the purpose of this by-law, be considered a separate lot and shall be used in accordance with the applicable zone provisions of this bylaw, but this provision shall not be construed to permit more than one dwelling house on the whole lot. For the subject lot at 150 Pauline Tom Avenue, based on the location of the proposed single-detached dwelling, the subject building is located at the intersection of 3 zone boundaries which would not permit a single-detached dwelling to be constructed where proposed. This is because, in accordance with section 5(11) (c), the proposed building is unable to meet setback requirements for each zone from the respective zone boundary given the interpretation that each zone boundry is interpreted as a lot line. For the subject lot at 163 Pauline Tom Avenue, the proposed building is located at the intersection of 2 zone boundaries which would not permit a single-detached dwelling to be constructed. Instead of a variance being sought for setback from each zone boundary and respective zone, a variance has been sought to the general provision section 5(11)(c.) The variance sought to section 5(11)(c) as stated below allows for a single-detached dwelling to be built on each lot as intended by the approved plan of subdivision. This is the preferred approach instead of varying zone provisions since it allows for flexibility for the proposed building design and would reduce the requirement for a setback variance for any future additions, etc. Variance: By-Law Number 32-74: Requirement: Section 5(11)(c) More than One Zone on a Lot Where a lot is divided into more than one zone, each such portion of the lot shall, for the purpose of this by-law, be considered a separate lot and shall be used in accordance with the applicable zone provision. Committee of Adjustment Meeting Number 09 98

9 Page 9 of 12 Proposed: Where a lot is divided into more than one zone, the zone provisions shall be applied to the lot boundary and not to the zone boundary. Relief from Section 5(11)(c) would enable the development on the subject site to treat the property lines as the lot boundaries for zoning purposes, as would normally be the case, regardless of the location of the zone boundary. In this scenario, the proposed development for the subject lot at 150 Pauline Tom Avenue meets all the setback requirements of the R12-2 zone and the subject lot at 163 Pauline Tom meets all the setback requirement of the R12 zone. The proposed variance maintains the intent of the zoning by-law in that the general provision is not intended to limit development on lots within multiple zones, but rather is intended to prevent the construction of more than one dwelling house on individual lots within multiple zones. Relief from this provision will not result in more than one dwelling house on the lot, and thus the intent of the general provision is maintained. The variance will also enable the proposed dwelling to be built as intended, in compliance with all of the setback provisions and intent of the R12-2 and R12 zone. 3) The variance is minor in nature The proposed variance is minor as the requested variance would be limited to each subject property, limiting the scope of any impacts. There will be no negative impacts resulting from the proposed variance as the proposed single-detached dwellings will comply with the provisions of the R12 and R12-2 zones as measured from the lot lines. The variance will enable the site to be developed consistent with development standards for single-detached dwellings within the Greenwood Park West subdivision. 4) The variance is desirable for the appropriate development or use of the land, building or structure The variance is desirable for the appropriate development of the lands. The requested variance is necessary to permit the construction of the single-detached dwelling consistent with the surrounding subdivision. Relief from Section 5(11)(c) will enable the proposed dwelling to be built as intended by Council through the approved plan of subdivision. Additionally, this relief will allow any future changes to the site to be undertaken as though the site were located entirely within one zone, enabling the site to function as intended. Provincial Policy Statement In addition to the four tests of a minor variance detailed above, Subsection 3(5) of the Planning Act requires that a decision in respect of the exercise of any authority that affects a planning matter shall be consistent with the Provincial Policy Statement (the PPS). The PPS provides policy direction on matters of provincial interest related to land use planning and development which are complemented by local policies addressing local interests. The application being considered is site specific to accommodate a specific proposal and does not involve any major policy considerations and as such, the proposal conforms to and is consistent with the PPS. Committee of Adjustment Meeting Number 09 99

10 Page 10 of 12 Technical Review: Circulated Departments and Agencies Building Division Engineering Department Heritage (Planning Division) Finance Utilities Kingston Real Estate & Environmental Initiatives Fire & Rescue Kingston Hydro City s Environment Division Solid Waste Parks Development Canadian National Railways Housing District Councillor Ministry of Transportation KEDCO Municipal Drainage Parks of the St. Lawrence CRCA KFL&A Health Unit Trans Northern Pipelines Parks Canada Eastern Ontario Power CFB Kingston Hydro One Enbridge Pipelines TransCanada Pipelines Kingston Airport Placeholder Placeholder Technical Comments This application was circulated to external agencies and internal departments for their review and comment and there were no comments or concerns raised that would preclude this application from moving forward. Any technical comments that are received after the publishing of this report will be included as an addendum to the Committee of Adjustment agenda. Public Comments At the time this report was finalized, there were no written public comments or concerns received. Any public comments received after the publishing of this report will be included as an addendum to the Committee of Adjustment agenda. Conclusion The requested variance maintains the general intent and purpose of both the City of Kingston Official Plan and Zoning By-Law Number The proposal is desirable for the appropriate development or use of the land, building or structure and the requested variance is minor in nature. As such, the proposed application meets all four tests under Subsection 45(1) of the Planning Act and the application is being recommended for approval, subject to the proposed conditions. Approval of this application will result in a single-detached dwelling being permitted on each subject property as intended by Council in the approved plan of subdivision and will enable any future changes to the site to be undertaken as though the site were located entirely within one zone. Existing Policy/By-Law: The proposed application was reviewed against the policies of the Province of Ontario and City of Kingston to ensure that the changes would be consistent with the Province s and the City s vision of development. The following documents were assessed: Provincial Provincial Policy Statement, 2014 Committee of Adjustment Meeting Number

11 Page 11 of 12 Municipal City of Kingston Official Plan Zoning By-Law Number Notice Provisions: A Committee of Adjustment Meeting is going to be held respecting this application on August 27, Pursuant to the requirements of the Planning Act, a notice of Statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site 10 days in advance of the meeting. In addition, notices were sent by mail to a total number of 66 property owners (according to the latest Assessment Roll) within 60 metres of the subject property and a courtesy notice was placed in The Kingston Whig-Standard. Once a decision has been rendered by the Committee of Adjustment, a Notice of Decision will be circulated in accordance with the provisions of the Planning Act. Accessibility Considerations: Not applicable Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning, Building & Licensing Services extension 3252 Laura MacCormick, Deputy Director, Planning Division extension 3223 Marnie Venditti, Manager, Development Approvals extension 3256 Sajid Sifat, Intermediate Planner extension 3126 Other City of Kingston Staff Consulted: The application was circulated to the relevant internal departments and external agencies for review and comment. The responses to the technical circulation have been addressed in the technical review and included in this report. Exhibits Attached: Exhibit A Exhibit B Exhibit C Key Map Public Notice Notification Map Plot Plans Committee of Adjustment Meeting Number

12 Page 12 of 12 Exhibit D Existing Official Plan Designation Exhibit E Existing Zoning By-Law Number 32-74, Map 4 Exhibit F Neighbourhood Context Map 2015 Committee of Adjustment Meeting Number

13 CONTEXT MAP BATTERSEA RD KINGSTON MILLS RD Exhibit A MIDDLE RD HWY 401 HWY 401 HWY BISCAYNE ST Planning, Building & Licensing Services a department of Community Services COMMITTEE OF ADJUSTMENT KEY MAP Applicant: Robert Haynes Owner: R G H DEVELOPMENTS INC File Number: D Address: 150 &163 Pauline Tom Ave Metres HWY 15 LEGEND DISCOVERY AVE INNOVATION DR Lands Subject to Minor Variance 820 E PREPARED BY: J. Partridge DATE: 8/7/2018 1:4,000 Committee of Adjustment Meeting Number Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

14 Exhibit B SCHOONER DR Planning, Building & Licensing Services a department of Community Services BISCAYNE ST WATERSIDE WAY REGINALD BART DR CLIPPER CRT COMMITTEE OF ADJUSTMENT PUBLIC NOTICE NOTIFICATION MAP Applicant: Robert Haynes Owner: R G H DEVELOPMENTS INC File Number: D Address: 150 &163 Pauline Tom Ave PAULINE TOM AVE PAULINE TOM AVE PAULIN E HWY 15 TO M AVE JOHN MARKS LEGEND AVE DISCOVERY AVE m Public Notice Boundary 802 Lands Subject to Minor Variance Property Boundaries 66 Properties in Receipt of Notice E PREPARED BY: J.Partridge DATE: 8/7/ Metres 1:4,000 Committee of Adjustment Meeting Number Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

15 Exhibit C Committee of Adjustment Meeting Number

16 Exhibit C Committee of Adjustment Meeting Number

17 Exhibit D SCHOONER DR Planning, Building & Licensing Services a department of Community Services BISCAYNE ST CLIPPER CRT COMMITTEE OF ADJUSTMENT OFFICIAL PLAN, Land Use Applicant: Robert Haynes Owner: R G H DEVELOPMENTS INC File Number: D Address: 150 &163 Pauline Tom Ave Metres 1:4, HWY AVE DISCOVERY 481 LEGEND INNOVATION DR Lands Subject to Minor Variance LOW DENSITY RESIDENTIAL BUSINESS PARK INDUSTRIAL E ENVIRONMENTAL PROTECTION AREA OPEN SPACE RURAL PREPARED BY: J.Partridge DATE: 8/7/2018 Committee of Adjustment Meeting Number Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

18 EPA Exhibit E OS3 A FP-4 OS-14 OS R SCHOONER DR Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 8/7/ R BISCAYNE ST FP R REGINALD BART DR R12-2 R11-2 R R11-4 R11-3 R11-7 R11-6 R10 R10 R RR RR-13-H COMMITTEE OF ADJUSTMENT ZONING BY-LAW 32-74, Map 4 Applicant: Robert Haynes Owner: R G H DEVELOPMENTS INC File Number: D Address: 150 &163 Pauline Tom Ave Metres 1:4, R Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston PAULINE TOM AVE 100 R R PAULINE TOM AVE PAULIN E 101 OS 496 HWY 15 TO M AVE JOHN MARKS LEGEND AVE DISCOVERY R AVE BP Consolidated Zoning RR Lands Subject to Minor Variance Property Boundaries Committee of Adjustment Meeting Number E

19 Exhibit F WATERSIDE WAY BISCAYNE ST Planning, Building & Licensing Services a department of Community Services S CHO ONE R D R RE GINA L D CLIP PER CR T COMMITTEE OF ADJUSTMENT B A RT D R NEIGHBOURHOOD CONTEXT (2015) Applicant: Robert Haynes Owner: R G H DEVELOPMENTS INC File Number: D Address: 150 &163 Pauline Tom Ave PAU LINE T O M AV E LEGEND JOHN 481 DISCOVERY AVE MARKS AVE E Lands Subject to Minor Variance Lands Subject to Minor Variance Property Boundaries PREPARED BY: J.Partridge DATE: 8/7/ Metres 1:4,000 Committee of Adjustment Meeting Number Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.