City of Kingston Report to Planning Committee Report Number PC

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1 To: From: Resource Staff: Date of Meeting: December 3, 2015 Subject: Executive Summary: City of Kingston Report to Planning Committee Report Number PC Chair and Members of Planning Committee Lanie Hurdle, Commissioner, Community Services Paige Agnew, Director, Planning, Building & Licensing Services Comprehensive Report File Number D Midland Avenue Application for Zoning By-Law Amendment Applicant Kingston Midland and Cataraqui Corporation The following is a comprehensive report recommending approval to the Planning Committee regarding an application for a zoning by-law amendment submitted by Weston Consulting, on behalf of Kingston Midland and Cataraqui Corporation, with respect to the property located at 1233 Princess Street. The purpose of the application is to permit the development of the eastern portion of the property which will consist of four commercial buildings including a gas station on the southeast corner of the site, an oil change facility, a restaurant and a financial institution with a drive-thru lane along Midland Avenue. The eastern portion of the property is proposed to be zoned as a site specific General Commercial C2-73-H which will permit a variety of arterial commercial and convenience commercial uses, while the western portion of the property is proposed to be placed in a site specific Development D-5 Zone which will only permit access to a proposed use in the adjacent C2-73-H Zone. Recommendation: That it be recommended to Council that the application for zoning by-law amendment (File Number D ) for the lands municipally known as 1233 Midland Avenue, be approved; and 352

2 Report to Planning Committee Report Number PC December 3, 2015 Page 2 of 11 That By-Law Number of the Corporation of the City of Kingston, entitled A By-Law 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 Report Number PC ; 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. Authorizing Signatures: Lanie Hurdle, Commissioner, Community Services Gerard Hunt, Chief Administrative Officer Consultation with the following Members of the Corporate Management Team: Cynthia Beach, Corporate & Strategic Initiatives Denis Leger, Transportation, Facilities & Emergency Services Jim Keech, President and CEO, Utilities Kingston Desiree Kennedy, Chief Financial Officer & City Treasurer Not required Not required Not required Not required 353

3 Report to Planning Committee Report Number PC December 3, 2015 Page 3 of 11 Options/Discussion: On April 11, 2014, a zoning by-law amendment application was submitted by Weston Consulting on behalf of Kingston Midland and Cataraqui Corporation with respect to the property located at 1233 Midland Avenue. In accordance with By-Law Number , a pre-application meeting between the applicant and various departments and agencies was conducted on May 21, On April 11, 2014, the zoning by-law amendment application was deemed complete in accordance with the Planning Act. Public Meetings with respect to this application were held on June 19, 2014 and August 6, Site Characteristics The subject site is located at the north west corner of the intersection of Midland Avenue and Cataraqui Woods Drive. The property has a lot area of approximately 2.1 hectares with approximately 170 metres of frontage along Midland Avenue and 115 metres of frontage on Cataraqui Woods Drive (Exhibit B - Key Map). The property is presently vacant. The following land uses surround the subject site: North a commercial use East vacant lands that are designated for General Industrial and Business Park Industrial uses South commercial uses West single-family residential uses Application The purpose of the application is to permit the development of the eastern portion of the property into four commercial buildings including a gas station on the southeast corner of the site, an oil change facility, a restaurant and a financial institution with a drive-thru lane along Midland Avenue. The applicant is requesting an amendment to Zoning By-Law Number to place the eastern portion of the property in a site specific General Commercial C2-73 Zone which will permit a variety of arterial commercial and convenience commercial uses. Proposed arterial commercial uses are to include: an automatic car wash, an automobile service station, a gasoline retail facility, a rental outlet, a coffee shop, a commercial club, a commercial school, an institute, a restaurant, a take-out restaurant, a drive-in restaurant or restaurant with drivethrough, a restaurant with patio, a beverage room, a veterinary clinic, and an animal hospital. Proposed convenience commercial units will be limited in size to 500 square metres per commercial unit and will include the following uses: a day nursery, a dry-cleaning or laundry outlet, a copy shop, a retail store, a personal service shop, a florist shop, a merchandise service shop, a Laundromat and a bank. The applicant is also requesting to reduce the exterior side yard width (Midland Avenue), interior side yard width (adjacent D Zone), rear yard depth (north property line) and setback from a roadway. The applicant is also seeking to restrict a drive through service facility from being established within 50 metres of a residential zone. 354

4 Report to Planning Committee Report Number PC December 3, 2015 Page 4 of 11 The western portion of the property is proposed to be placed in a site specific Development D-5 Zone which will only permit access to a proposed use in the adjacent C2-73 Zone. In support of the application, the applicant has submitted the following: Cover Letter, Weston Consulting Planning Justification, Weston Consulting Revised Site Plan, Daniel Johnson Architect Environmental Noise Assessment, Valcoustics Canada Ltd. April 30, 2015 Traffic Impact Study, LMM Engineering Revised Landscape Plan, CSW Electrical and Lighting Plans, Greer Galloway Comment Response Matrix, Weston Consulting Floor Plans and Elevations, Daniel Johnson Architect Serviceability Report, Crozier & Associates Stormwater Management, Crozier & Associates Engineering Drawings. Crozier & Associates Provincial Policy Statement The Provincial Policy Statement (2014) 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 proposal is consistent with the Provincial Policy Statement with respect to the following: The proposed infill development is an intensification of the site within a settlement area which represents efficient development. This type of development helps to sustain the financial well-being of the municipality over the long term by promoting the efficient use of land and promoting cost-effective development that uses existing municipal services (Sections a; d - e; and Section a) a)5.). This proposal promotes economic development and competitiveness by providing for an appropriate mix and range of employment uses to meet long-term needs of the municipality. The proposed development will provide a site which can support a wide range of economic activities and ancillary uses, taking into account the needs of future businesses and ensuring the necessary infrastructure is provided to support current and projected needs (Section a); b); and d)). The proposed development will use existing municipal services which promotes the efficient use and optimization of existing municipal sewage services and municipal water services (Section a)1.). A transit stop will be located along the Cataraqui Woods Drive frontage of the property. While the site will permit auto centric uses, by permitting convenience commercial uses on the site that is located at the edge of a neighbourhood, a land use pattern is promoted that provides opportunities to minimize the length and number of vehicle trips and support current and future use of transit and active transportation (Section ). 355

5 Report to Planning Committee Report Number PC December 3, 2015 Page 5 of 11 The proposed zoning by-law amendment is consistent with the policies of the Provincial Policy Statement. Official Plan The subject property is designated as Arterial Commercial in the City of Kingston Official Plan (Exhibit D Existing Official Plan Designation). The Arterial Commercial designation is intended to accommodate hospitality uses, automotive uses, restaurants to serve the travelling public, or uses that require large sites on a major road to display specialized goods in an outdoor setting (Section 3.4.E). As well, limited convenience commercial goods and services may also be permitted within the Arterial Commercial designation with the size and type of use regulated in the zoning by-law (Section 3.4.E). The Arterial Commercial uses that have been proposed by the applicant comply with the permitted uses for the Arterial Commercial designation as identified in Section 3.4.E.1 of the Official Plan. Recognizing that the site is adjacent to a residential neighbourhood, the applicant has proposed Convenience Commercial uses for the site as well. As per Section 3.4.E of the Official Plan, the size of the Convenience Commercial uses has been limited in the proposed amendment to 500 square metres per commercial unit. This will ensure that the size of the Convenience Commercial units maintains the intended character of that use and will not impact commercial uses intended to be accommodated in other designations within the retail hierarchy. The proposed development is consistent with the general purpose and intent of the Official Plan and therefore an amendment to the plan is not required. Zoning The subject property is zoned Development D Zone in Zoning By-Law Number 76-26, as amended (Exhibit E Existing Zoning). The D zone permits any existing residential houses or non-residential uses such as a church, fraternal lodge or a farm. The applicant is proposing to place the eastern portion of the property in a site specific General Commercial C2-73-H Zone which will permit a variety of arterial commercial and convenience commercial uses. Proposed arterial commercial uses are to include: an automatic car wash, an automobile service station, a gasoline retail facility, a rental outlet, a coffee shop, a commercial club, a commercial school, an institute, a restaurant, a take-out restaurant, a drive-in restaurant or restaurant with drivethrough, a restaurant with patio, a beverage room, a veterinary clinic and an animal hospital. Proposed convenience commercial units will be limited in size to 500 square metres per commercial unit and will include the following uses: a day nursery, a dry-cleaning or laundry outlet, a copy shop, a retail store, a personal service shop, a florist shop, a merchandise service shop, a Laundromat and a bank. A holding symbol is proposed to be placed on the subject property with respect to a day nursery use. The holding provision may be removed with respect to that use at such time as a Record of Site Condition (RSC) signed by the qualified person who prepared it, along with a copy of all supporting studies, and which meet the requirements of Ontario Regulation 153/04 (as amended), is provided and completed to the satisfaction of the City of Kingston. The western portion of the property is proposed to be placed in a site specific Development D-5 Zone which will only permit access to a proposed use in the adjacent C2-73 Zone. When separate zones are located on a lot, each zone is treated as a lot for the purpose of zoning. The 356

6 Report to Planning Committee Report Number PC December 3, 2015 Page 6 of 11 applicant has proposed a reduced interior side yard width of 7.5 metres. However, this distance represents the required yard from the proposed adjacent D-5 Zone. The actual minimum distance between the residential lots abutting the property to the west and commercial buildings will be approximately 60 metres which will provide a sufficient buffer to mitigate from any potential negative impacts on residential uses. The applicant has requested to reduce the exterior side yard width (Midland Avenue) to 5.7 metres, the rear yard depth (north property line) to 6.1 metres and the setback from a roadway to 0 metres. The reduced yards and setback will provide the applicant with flexibility with respect to building location and permit buildings to be located closer to the abutting streets and commercial property if necessary. The reduced yards and setback will not cause a negative impact with respect to traffic or the adjacent commercial property to the north and is a built form that is more pedestrian friendly. The applicant is seeking to restrict drive through service facilities from being established within 50 metres of a residential zone. Current provisions in the zoning by-law also prohibit drive through facilities from being located within 50 metres of a zone that permits a residential use. The current prohibition would limit the ability of a drive through to be located on the property because the adjacent commercial zones permit residential uses on the upper floors of buildings. The proposed provision to restrict drive through service facilities from being established within 50 metres of a residential zone will permit the applicant to establish a drive through on the commercial property but still protect the residential dwellings located to the west of the subject property from having a drive through located within 50 metres of them. The applicant is proposing to place the western portion of the property in a site specific Development D-5 Zone. The land to be placed in the site specific D-5 zone is of sufficient area and retains frontage on Cataraqui Woods Drive as well as access to Midland Avenue ensuring the development potential of that portion of the property is not compromised. Access to a permitted use in the adjacent C2-73 Zone will be permitted in the site specific D-5 Zone to provide flexibility so that the appropriate location for access to the entire site may be determined through the Site Plan Control process. The proposal is consistent in terms of a suitable scale and massing with respect to the existing built fabric. Access is to be provided in a clearly defined and safe manner which will be regulated through the associated Site Plan Control application. The proposed zoning of the subject property provides adequate separation distances to mitigate potential negative impacts from adjacent residential uses. As such, the proposed zoning relief is considered appropriate. Site Plan Control In accordance with By-Law Number , the property is subject to Site Plan Control and the applicant has submitted a concurrent application (D ) that is currently being reviewed by staff. Technical Analysis The zoning by-law amendment application was circulated to external agencies and internal departments for review and comment. No objections to the proposed zoning by-law amendment were received through the circulation of the application. 357

7 Report to Planning Committee Report Number PC December 3, 2015 Page 7 of 11 The applicant was informed that the initial proposal for the western lands, which included a variety of proposed uses and development options including commercial, mixed-use or residential townhomes and apartments for the western lands would require studies contemplating each of the proposed development scenarios with respect to mitigation measures for adjacent land uses. The proposed zoning of the property was amended to place the western lands in a site specific D Zone. This will require that any future development proposal will require an additional application to amend the zoning by-law and at that time any proposal would be required to address compatibility with the adjacent land uses. Public Comments Public Meetings were held on June 19, 2014 and August 6, 2015 with respect to this application. At the Public Meetings feedback was received from members of the public, 17 pieces of correspondence and one (1) petition have been received (Exhibit I). Any additional correspondence received after the publishing of this report will be provided as an addendum to the Planning Committee. The following provides a summary of the public feedback received to date and a response to indicate how the questions have been, or will be addressed as part of the approval process for this proposal: Concerns regarding the speed of vehicles currently using Cataraqui Woods Drive, as well as potential impacts of the development with respect to traffic levels. Response: The proposed development is located at the intersection of Midland Avenue and Cataraqui Woods Drive which are respectively designated as an arterial and collector road in Schedule 4 Transportation of the City of Kingston Official Plan. As such, both streets are designed to accommodate increased volumes of traffic. An updated Traffic Study will be required as part of the Site Plan Control application to address the changes in the development concept. Traffic calming measures were implemented on Cataraqui Woods Drive in 2014 in the form of speed humps. If the speed of traffic using Cataraqui Woods Drive continues to be of concern, area residents can obtain further information on the City of Kingston Traffic Calming Policy through the following link: As well, residents can contact the City of Kingston by at contactus@cityofkingston.ca, or by telephone at and request that Cataraqui Woods Drive be assessed for further traffic calming measures. Concerns regarding congestion on Cataraqui Woods Drive, as well as potential impacts of an access to the site from Cataraqui Woods Drive. Response: In the last year a left turn arrow has been added on Cataraqui Woods Drive for a left turn onto Midland Avenue to improve traffic flow at that intersection. No technical information is available at this time that would preclude the subject property from having access onto Cataraqui Woods Drive. An updated Traffic Study will be provided by the applicant as part of the Site Plan Control application to address the changes in the 358

8 Report to Planning Committee Report Number PC December 3, 2015 Page 8 of 11 development concept. City staff will work with the applicant to determine the best possible location for access onto Cataraqui Woods Drive. Concern that a plaza would create an environment for loitering and hangouts. Response: The subject property is designated as Arterial Commercial in the City of Kingston Official Plan and is intended to be developed for commercial use. Concern with respect to increased litter and garbage from increased foot traffic and vehicles. Response: Littering is not permitted on City streets and is regulated through By-Law Number , A By-Law To Regulate The Use Of City Streets. Potential illegal activities that may occur by others cannot be considered with respect to the rezoning of a property. If residents observe littering taking place they can contact the City of Kingston by at contactus@cityofkingston.ca, or by telephone at Residents purchased properties with the understanding that the adjacent property was in a residential D Zone. Response: The D or Development Zone is a zone that only permits existing uses. The intent of the D Zone is to permit existing uses so that if additional development is to occur on the property a rezoning application would be required. Any rezoning is required to comply with the land use designations of the Official Plan. The subject property is designated in the City of Kingston Official Plan as an Arterial Commercial land use. Concern with respect to proposed retail space and medical office space on adjacent commercial properties. Response: Medical offices are not a permitted use in the Arterial Commercial designation. As such, medical office uses have been removed from the proposed permitted uses in the zoning by-law amendment. The Arterial Commercial designation permits limited commercial uses that are regulated in size through the zoning by-law. Convenience commercial uses have been limited in size to 500 square metres per unit to ensure that large format retail is not developed on the site. Concern with respect to the proximity of the entrance to the site on Cataraqui Woods Drive to the intersection. Response: The access to the site has been moved further west from the intersection of Cataraqui Woods Drive and Midland Avenue. The final location of that access will be determined through the Site Plan Control process. Concern with respect to children crossing Cataraqui Woods Drive to get to the proposed commercial uses on the site. Response: A sidewalk is currently located on the south side of Cataraqui Woods Drive and the intersection of Cataraqui Woods Drive and Midland Avenue is signalized. As part of the Site Plan Control process a sidewalk will be located on the northern side of Cataraqui Woods Drive on the subject property. It is also proposed that a sidewalk and pedestrian crossings are to be located on the site from the north to the south of the property. These 359

9 Report to Planning Committee Report Number PC December 3, 2015 Page 9 of 11 measures will provide for a safe pedestrian access route to the site as well as through the site itself. Concern with respect to the provision of parking on the site. Response: The proposed development will comply with the parking requirements of Zoning By-Law Number Concern with respect to commercial activity operating 24 hours a day. Response: Hours of operation are not permitted to be regulated through zoning by-laws or through Site Plan Control. Concern with respect to flooding due to paving the entire area. Response: The Site Plan Control process requires that the applicant provide a Stormwater Management Report that indicates the post-development flows of stormwater equal the predevelopment stormwater flows. Previous and Current Applications There is a concurrent Site Plan Control application (D ) that is being processed subject to the approval of the application to amend Zoning By-Law Number Conclusion The proposed development represents complementary infill with respect to the surrounding neighbourhood. The proposed Arterial Commercial development meets the intent of the Official Plan with respect to land use while offering convenience commercial uses that will complement the adjacent residential neighbourhood. In conclusion, staff recommend approval of the application for this zoning by-law amendment for the property located at 1233 Midland Avenue. Any specific concerns that were raised by external or internal agencies with respect to the zoning by-law amendment have been addressed through the technical review process. The application conforms to and is consistent with the applicable policies in the Provincial Policy Statement and complies with the general intent of the City of Kingston Official Plan. Existing Policy/By-Law: The proposed amendment 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 Planning Act Provincial Policy Statement, 2014 Municipal City of Kingston Official Plan Zoning By-Law Number

10 Report to Planning Committee Report Number PC December 3, 2015 Page 10 of 11 Notice Provisions: A Public Meeting was held respecting these applications on June 19, 2014 and August 6, Pursuant to the requirements of the Planning Act, a notice of the statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site 20 days in advance of the Public Meetings. In addition, notices were sent by mail to 125 property owners (according to the latest Assessment Rolls) within 120 metres of the subject property and a courtesy notice was placed in The Kingston Whig-Standard. If the application is approved, a Notice of Passing will be circulated in accordance with the provisions of the Planning Act. At the time of the writing of this report, 17 pieces of correspondence and one (1) petition have been received and all have been addressed within this report. Any additional correspondence received after the publishing of this report will be included as an addendum to the Planning Committee Agenda. Accessibility Considerations: Not applicable Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning, Building & Licensing Services extension 3252 Stacey Forfar, Manager, Development Approvals extension 3253 Tony Gkotsis, Intermediate Planner, Development Approvals extension 3188 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 within this comprehensive report. Exhibits Attached: Exhibit A Draft By-Law and Schedule A to Amend Zoning By-Law Number Exhibit B Exhibit C Exhibit D Exhibit E Key Map Aerial Photograph Existing Official Plan Designation Existing Zoning 361

11 Report to Planning Committee Report Number PC December 3, 2015 Page 11 of 11 Exhibit F Exhibit G Exhibit H Conceptual Site Plan Conceptual Landscape Plan Public Correspondence 362

12 Page 1 of 4 Exhibit A Clause (x) to Report XXX-16-XXX File Number: D By-Law Number 2016-XX 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 D to C2-73-H, and from D to D-5, 1233 Midland Avenue) Passed: [Meeting date], 2015 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 76-26, as amended, of the former Township 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 of The Corporation of the City of Kingston, entitled A By- Law 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 3 of Schedule A, as amended, is hereby further amended by changing the zone symbol of the subject site from D to C2-73-H, as shown on Schedule A attached to and forming part of By-Law Number Map 3 of Schedule A, as amended, is hereby further amended by changing the zone symbol of the subject site from D to D-5, as shown on Schedule A attached to and forming part of By-Law Number By Adding a new subsection 29(3)(d) thereto as follows: (d) D-5 (1233 Midland Avenue) Notwithstanding the provisions of Section 29 hereof to the contrary, the lands designated D-5 on Schedule A hereto, shall only be used for access to a use permitted in the C2-73 Zone By Adding a new subsection 19(3)(bv) thereto as follows: 363

13 Exhibit A City of Kingston By-Law Number 2016-XX Schedule A Page 2 of 4 (bv) C2-73 (1233 Midland Avenue) Notwithstanding the provisions of Section 19 and Section 5 hereof to the contrary, the lands designated C2-73 on Schedule A hereto, the following regulations shall apply: (i) Permitted uses on the lands designated C2-73 shall be limited to the following: (a) Arterial Commercial Uses: An Automatic Car Wash; An Automobile Service Station; A Gasoline Retail Facility; A Rental Outlet; A Coffee Shop; A Commercial Club; A Commercial School; An Institute; A Restaurant; A Take-Out Restaurant; A Drive-In Restaurant or Restaurant with Drive-Through; A Restaurant with Patio; A Beverage Room; A Veterinary Clinic; An Animal Hospital. (b) Limited Convenience Commercial Uses: A Day Nursery; A Dry-Cleaning or Laundry Outlet; A Copy Shop; 364

14 Exhibit A City of Kingston By-Law Number 2016-XX Schedule A Page 3 of 4 A Retail Store; A Personal Service Shop; A Florist Shop; A Merchandise Service Shop; A Laundromat; A Bank. (ii) Exterior Side Yard Width (Minimum): 5.7 metres; (iii) Interior Side Yard Width (Minimum): 7.5 metres; (iv) Rear Yard Depth (Minimum): 6.1 metres; (v) Setback The setback requirements of Section 5(20) regarding setback distances from buildings to public roadways shall not apply. (vi) Gross Floor Area: Limited convenience commercial uses shall have a maximum gross floor area of 500 square metres per commercial unit. (vii) Drive-Through Service Facility: (a) No drive through service facility shall be constructed or established within 50 metres of a residential zone; (b) A drive through service facility may be located in, or within 50 metres of a commercial zone that permits a residential use. (viii) -H Holding Zone Provisions: (a) (b) The H Holding provision applies only to a Day Nursery use. The H Holding provision may be removed at such time as a Record of Site Condition (RSC) signed by the Qualified Person who prepared it, along with a copy of all supporting studies, and which meet the requirements of Ontario Regulation 153/04 (as amended), is provided and completed to the satisfaction of the City of Kingston. 365

15 City of Kingston By-Law Number 2016-XX Schedule A Page 4 of 4 2. 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: [Meeting date], 2015 Exhibit A John Bolognone City Clerk Bryan Paterson Mayor 366

16 HANOVER DR APOLLO TERR PEARL RD SIERRA AVE TIVOLI AVE 1301 Exhibit A PEACHWOOD ST CON 3 LOT SCALE Meters :5, Planning, Building & Licensing Services a department of Community Services PREPARED BY: J. Partridge DATE: 11/9/2015 CRES THORNWOOD BIRCHWOOD DR WINTERGREEN CRES CEDARWOOD DR 693 CON 3 LOT BRACKENWOOD CRES CATARAQUI WOODS DR BITTERSWEET PL THE COR POR AT ION O F T HE C IT Y O F KIN G STO N SCHEDULE 'A' TO BY-LAW NUMBER Applicant:Kingston Midland and Cataraqui Corp File Number: D Address: 1233 Midland Ave Legal Description: CON 3 PT LOT 9 RP 13R9523;PART 3 PART 4 PART 6 PART 7;PART 8 PART 9 ARN: MIDLAND AVE Legend: CON 3 LOT10 Reference By-Law 76-26, Map 3 Rezoned from D to C2-73-H Rezoned from D to D Certificate of Authentication This is Schedule 'A' to By-Law Number, passed this day of Mayor Clerk

17 GARDINERS RD HANOVER DR APOLLO TERR PEARL RD SIERRA AVE 1343 TIVOLI AVE KEY MAP CREEKFORD RD CATARAQUI WOODS DR PRINCESS ST BAYRIDGE DR MIDLAND AVE CENTENNIAL DR Exhibit B 1301 CENTENNIAL DR HWY GARDINERS RD HWY 401 Subject Lands SCALE ,470 1, Meters :50, PEACHWOOD ST Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 11/9/2015 CRES THORNWOOD 1441 BIRCHWOOD DR WINTERGREEN CRES CEDARWOOD DR 1438 BRACKENWOOD CRES CATARAQUI WOODS DR BITTERSWEET PL THE CORPORATION OF THE CITY OF KIN GSTON KEY MAP Applicant:Kingston Midland and Cataraqui Corp File Number: D Address: 1233 Midland Ave Legal Description: CON 3 PT LOT 9 RP 13R9523;PART 3 PART 4 PART 6 PART 7;PART 8 PART 9 ARN: MIDLAND AVE MIDLAND AVE Legend Subject Property Disclaimer: This document is subject to copyright and may only be used for your personal, non -commercial use provided you keep intact the copyright notice. The City of Kingston assumes no respo nsibility for any errors, an d is n ot liable fo r any dam ag es of any kin d resu ltin g from th e u se of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warran ty, express or im plied, concernin g the accuracy, qu ality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

18 APOLLO TERR PEARL RD SIE RRA AVE TIVO LI AVE Exhibit C P EAC HWO OD ST CR ES B I RC H WO O D D R CR ES T HO R N W OOD B R AC K E N W OO D MI DLAND AVE GA RD I N ER S R D BIT TERSWEET PL PINEWOOD PL Planning, Building & Licensing Services a department of Community Services PREPARED BY: A. Dowker DATE: 11/9/2015 WINTERGREEN CRES SCALE Meters 1:5,000 CEDARWOOD DR HICK ORYW OO D C RE S THE CORPORATION OF THE CITY OF KIN GSTON Aerial Imagery (2015) Applicant:Kingston Midland and Cataraqui Corp File Number: D Address: 1233 Midland Ave Legal Description: CON 3 PT LOT 9 RP 13R9523;PART 3 PART 4 PART 6 PART 7;PART 8 PART 9 ARN: Legend Subject Property Disclaimer: This document is subject to copyright and may only be used for your personal, non -commercial use provided you keep intact the copyright notice. The City of Kingston assumes no respo nsibility for any errors, an d is n ot liable fo r any dam ag es of any kin d resu ltin g from th e u se of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warran ty, express or im plied, concernin g the accuracy, qu ality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

19 APOLLO TR PEARL RD SIERRA AVE TIVOLI AVE Exhibit D SUBJECT LANDS: Address: Midland Ave Current Designation: Arterial Commercial PEACHWOOD ST CRES SCALE Meters :5, HWOOD CRES LARC PINEWOOD PL THORNWOOD WINTERGREEN CRES BIRCHWOOD DR CATARAQUI WOODS DR CEDARWOOD DR BRACKENWOOD CRES BITTERSWEET PL HICKORYWOOD CRES Official Plan for the City of Kingston Residential Schedule 3-A, Existing Land Use MIDLAND AVE Open Space Applicant:Kingston Midland and Cataraqui Corp Business Park Industrial Planning, Building File Number: D General Industrial & Licensing Services Address: 1233 Midland Ave a department of Regional Commercial Legal Description: CON 3 PT LOT 9 RP Community Arterial Commercial Services 13R9523;PART 3 PART 4 PART 6 PART 7;PART 8 PART 9 Disclaim er: Th is do cu m ent is subject to copyrig ht an d m ay on ly be used for you r person al, non ARN: PREPARED BY: J. Partridge DATE: 11/12/2015 THE CORPORATION OF THE CITY OF KIN GSTON Legend GARDINERS RD -commercial use provided you keep intact the copyright notice. The City of Kingston assumes no respo nsibility for any errors, an d is n ot liable fo r any dam ag es of any kin d resu ltin g from th e u se 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 th e u se o f th e inform ation con tain ed in this docu m en t Th e C orporatio n of th e City of Kingston.

20 R PEARL RD 1339 R2-8 R R2-8 C2-64-H 1281 Exhibit E M6 BP-3 M6-19 M R3-16 R2-23 R R2-24 R R2-8-H R2-24 BIRCHWOOD DR R BRACKENWOOD R OS R R SCALE Meters :5, Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge Date: Feb 5, 2014 SUBJECT LANDS Address: 1233 Midland Ave Zoning By-Law: Current R2-21 Zone: D R2-21 WINTERGREEN CRES CEDARWOOD DR CRES HICKORYWOOD CRES BITTERSWEET PL 1245 C C2-58 C C2-H C C3 MIDLAND AVE C2-33 C2 TH E C O R PO R AT ION O F T H E C ITY O F K IN GSTO N EXISTING ZONING Zoning By-Law: 76-26, Map 3 Applicant:Kingston Midland and Cataraqui Corp File Number: D Address: 1233 Midland Ave Legal Description: CON 3 PT LOT 9 RP 13R9523;PART 3 PART 4 PART 6 PART 7;PART 8 PART 9 ARN: D C5-11 Legend: D Current Zone: D Subject Property 667 M M6-11-H FOR REFERENCE PURPOSES ONLY 650 M6-6 M M1-11 GARDINERS RD M6-10 M6 M6-3 M6 M6-1 THIS IS AN OFFICE CONSOLIDATION. FOR ACCURATE REFERENCE THE ORIGINAL ZONING BY-LAW AND AMENDMENTS THERETO SHOULD BE CONSULTED AT 1211 JOHN COUNTER BLVD

21 ls CONCRETE PARKING TAPERED WALKWAY LINE OF CONCRETE ls bus shelter: size, location, sidewalks, curb cuts, sidewalks into site to be confirmed subject to engineering input PL 22.78m (bldg D setback) PL 82.13m (bldg C setback) m (bldg B setback) m (bldg A setback) PL m (bldg D setback) 72.54m (bldg C setback) PL 49.67m (bldg B setback) Exhibit F 15.68m (bldg A setback) 83.70m - 95th percentile queue (2026 pm) double wall (vacuum monitored) fiberglass underground storage tanks consisting of: l single compartment (regular); l dual compartment (25000l premium/40000l diesel). Install concrete tank pad as per mac's standard drawings c/w 35 mpa concrete. CATARAQUI WOODS DRIVE vent poles on rack PL ROLL OVER CURB 10.54m 10.54m 13.29m LINE OF CONCRETE 6(68) 13.65m 9.03m 6.00m 2.75m 6.00m typ typ PL PHASE LINE 2.16m FIRE LANE 15.58m 6.00m typ 2.75m typ bicycle rack 325m2 3498ft2 canopy R9.00m R15.00m D 32.92m R15.00m 15.22m MAC'S CONVENIENCE STORE AREA: 325.2sq.m (3500sq.ft) 2.30m 16.31m 7.50m 10.55m R9.00m bollards (typ) PHASE LINE 11(62) 0.16m PL painted area "tanker truck route clearance" 14.35m metal door restraint typ. 9.79m garbage D (x2) loading D R15.00m 1.7m high wood & metal garbage enclosure, refer to details 3.20m garbage C 3.50m R18.50m 15.77m 2.66m FIRE LANE 8.44m 8.44m 9.22m R18.50m 3.50m R15.00m 7.70m R3.87m 6.00m typ 2.75m typ 13(51) 10.71m 10.71m 9.36m 9.81m 8.33m 52.41m 680m ft2 5.29m PHASE LINE 0.50m 12.60m FIRE LANE C 14.41m 14.19m 1.60m 6.50m 5.50m 8.09m 7.18m 1.60m typical pedestrian connection width 1.60m 2.75m typ 16.20m 8,364 m2 90,029 ft2 (Not Included) 6.00m 6.00m 7.25m 6.00m typ 6.00m typical fire route width 1.75m 225m2 B 2422 ft m 2.01m 1.69m 6.00m 6.00m 6.00m typ 2.75m typ 7(30) 8(38) R9.00m 1.60m R9.00m FIRE LANE 6.90m 8.00m bicycle rack R15.00m typical front-loading garbage truck length 11m - 12m, width 2.4m - 2.7m inside clear turning radius 9m outside clear turning radius 14m 10.53m 2.75m 6.00m typ typ R10.00m 6.00m 9(23) bicycle rack garbage A and B 1.7m high wood & metal garbage enclosure, refer to details 320m2 3444ft2 3.20m A 2.75m typ PL metal door restraint typ. 6.00m 2.64m 3.50m 6.00m 1.60m typ 6.00m typ 2.75m typ 6.56m R1.50m 14(14) 3.50m R3.00m R2.50m PL garbage A loading A up to 9 cars queuing new curb to join existing boundary edge of existing asphalt right of way PL PL 67.45m (bldg D setback) 41.65m (bldg D setback) 64.10m (bldg C setback) 5.69m (bldg C setback) 84.35m (bldg B setback) 21.67m (bldg B setback) 77.01m (bldg A setback) 25.85m (bldg A setback) approximate stop bar location, stop bar is 0.3m wide MIDLAND AVENUE MIDLAND AVENUE Key to Symbols possible pedestrian connection to existing side-walk existing asphalt side-walk concrete island with 2% slope as per civil engineering details. proposed pylon sign existing asphalt side-walk starts existing elevation ffe finished floor elevation mh manhole chain link fence o/h overhead wire bbox bell telephone box sign existing sign fh fire hydrant wv water valve dt deciduous tree cb catch basin tl traffic light u/g underground PL property boundary ls city Light standard painted lines for parking proposed sodded area, see specification sod to sidewalk & interior property lines, and any areas damaged by new construction proposed impression concrete paving and concrete sidewalk new cb/mh new manhole new stc 750 new san manhole new h/c ramp new pylon sign on reinforced conc. base new air pump on conc. pad new floodlight typical site signage new sound wall Site Plan Statistics (Phases 1 and 2) Zoning General Commercial (C2) Zoning By-law no (2013) Section 19 Lot Area 20,787.96m2 Description Required Proposed Entire Lot Area 464.5m2 (min) 20,787.96m2 Lot Frontage 20 feet 6.1m (min) m Lot Depth 10 feet 3.05m (min) m Phase 1 Area 12, m2 Phase 2 Area 8, m2 Phase 1 Area m2 (min) 12, m2 Frontage 20 feet 6.10m (min) m Depth 10 feet 3.05m (min) m Coverage 6,096.58m2 50% (max) 1, m % Gross Leasable Area 2,000.00m2 (max) 1, m2 Landscaped Open Space 1, m2 10% (min) 1,490.75m2 13.3% Loading Space 3 spaces (min) see below 2 spaces Parking Spaces 57 spaces (min) see below 73 spaces Barrier Free Parking 4 spaces (min) if reqd 6 spaces Number of Storeys 1 storey Height (max) 35 ft/10.67m 7.44 m Proposed Site Plan Revised - Phase 1 Building, Use and Area Building A Bank GFA 320m2 (3444ft2) loading 1 space (3000ft ft2 = 1 space reqd) Building B Restaurant GFA 225m2 (2422ft2) loading 1 space (0ft2-3000ft2 = 0 spaces reqd) Building C 5 Gears (Automotive Service Shop) GFA 680m2 (7330 ft2) loading 1 space (3000ft ft2 = 1 space reqd) None required per tenant use. Building D Gas Bar Convenience Store GFA 325m2 (3498ft2) loading 1 space (3000ft ft2 = 1 space reqd) Total GFA 1550m2 ( ft2) Total loading 3 spaces Parking Required A 2.5 spaces/100m2 = = 8 B spaces/100m2 = 22.5 = 23 C Automotive Service 2.5 spaces/100m2 = 17 D Gas Bar Convenience 2.5 spaces/100m2= = 9 Total required = 57 Total provided = 68 Bicycle parking provided At building A= 6 At building B= 6 At building C= 0 At building D= 6 Total= 18 spaces A0.0 drawing no project no plotted checked scale KR 1:400 drawn date KR Oct 22, 2015 Site Plan & Site Information drawing title 1233 Midland Avenue, Kingston, ON Site Plan Approval DANIEL JOHNSON ARCHITECT INC. P F Isabella Street, Toronto, Ontario, M4Y 1M7 Daniel Johnson Architect Inc Millway Avenue - Suite 19 Vaughan, ON L4K 5K8 phone: ext.241 planning consultant Weston Consulting owner seal This drawing is protected by copyright. Contractors must check all dimensions on site. Only figured dimensions are to be used. Discrepancies must be reported immediately to the Architect before proceeding. 3 Forth submission-phase 1 15/10/22 2 Third submission-phase 1 15/09/10 no. issued date (yy/mm/dd) 1 Site Plan Approval Submission 15/04/28 revisions

22 373 Exhibit G

23 Exhibit H Gkotsis,Tony From: laura ruttan tapp < > Sent: Thursday, June 05, :29 AM To: Chan,Calvin Subject: file number D Follow Up Flag: Flag Status: Follow up Flagged I have concerns regarding the commercial development of 1233 Midland Avenue, city file number D I am concerned about the increase of traffic that will happen along Cataraqui Woods Drive. Since the section of Cataraqui Woods Drive west of Bayridge Drive opened, traffic has increased significantly. Vehicles on Cataraqui Woods Drive travel well above posted speed limits, making it difficult for homeowners along that road to access their driveways. My main concern is the effect this may have on the children walking to school at Cataraqui Woods Elementary School. Cataraqui Woods is already extremely dangerous for children who need to cross Cataraqui Woods to get to school. There is a path that allows people to walk to the rear of the school which opens onto Cataraqui Woods Drive. People are suppose to only drop children off on the north side of the road, however this does not always happen. Therefore children are crossing, are difficult to see walking between cars, and have on several occasions been nearly hit by vehicles. Add to that, people will be hurrying to drop children at school, then race to pick up gas or purchase items at this new complex. I fear this may become a deadly combination. Birchwood Dr. which access's the entrance to the front of the school is also out of control; and in my opinion will increase in danger with any changes that will happen on Cataraqui Woods Dr unless this too is looked at. In winter months, this will become an even more dangerous situation with ice and snowbanks to contend with. If this complex is to be built, I recommend that speed bumps be put all along Cataraqui Woods Drive BEFORE the stores are permitted to open. I also recommend that the city address the parking/drop off of students for the school along Cataraqui Woods Dr. and Birchwood Dr. Please consider my concerns, Laura Ruttan Brackenwood Dr. Kingston, On 1 374

24 Exhibit H Gkotsis,Tony From: Dave And Denise < > Sent: Monday, June 16, :49 PM To: Chan,Calvin Subject: RE: Changing 1233 Midland Avenue from a Development D Zone to a commercial plaza, two drive thrus and a gas station - including 212 parking spaces Follow Up Flag: Flag Status: Follow up Completed From: Dave And Denise [mailto: ] Sent: June :01 PM To: 'cchan@cityofkington.ca' Cc: 'dgreen@cityofkingston.ca'; 'kevingeorge@cityofkingston.ca' Subject: Changing 1233 Midland Avenue from a Development D Zone to a commercial plaza, two drive thrus and a gas station - including 212 parking spaces This change in zoning would have a very negative impact on the quality of life of the residents of this subdivision. 1. The vehicle traffic on Cataraqaui Woods is currently 11,000 per day, bottlenecks exist now, at times backing up to between Bittersweet and Midland. This proposal would only increase the traffic. 2. The noise from the vehicles, stereos would increase. 3. A plaza would create an environment for loitering and hangouts. 4. Littering and garbage would increase residents of Cataraqui Woods already have to deal with the garbage thrown out of vehicles and from foot traffic shopping carts from Wal Mart, and beer bottles. 5. Extended hours of operation from gas station, restaurant and Mac s Convenience store would increase traffic and noise later into the evenings. 6. This will reduce the property values of homes in the area. The residents bought these homes understanding this was a residential D zone. 7. Proposal is not a good fit for a neighbourhood, a daycare, a retirement or nursing home. Medical lab/clinic, 9 5 operating hours, low traffic volumes would be much more suitable and make a welcome addition to the neighbourhood. 8. No need for another gas bar, one already exists on Midland right across from Wal Mart, and Wal Mart provides us with a more than adequate convenience store. And there are plenty of restaurants within walking or driving distance. 9. There will be an increased need for policing due to transient nature of traffic

25 10.More late night foot traffic more potential for vandalism. Exhibit H This proposal would only worsen an existing traffic problem created by the connection of Cataraqui Woods and Woodhaven subdivision which was made without adequate traffic impact studies and without notification or consultation of the residents of the existing Cataraqui Woods subdivision. Traffic on Cataraqui Woods has increased to the point where the residents of subdivision street no longer feel safe exiting or entering our driveways, walking our children to school, shovelling our driveways or cutting grass on the boulevards. Traffic is now backed up from the 4 way stop to before the turn off to Bittersweet at peak hours. This street was never designed as a proper arterial road and has some 79 driveways existing from the street. Compare this to Bayridge with zero driveways, although speed limits are currently the same 50 km and a school is only 100 feet from the corner of Cataraqui Woods and Birchwood/Cedarwood. Residents on Cataraqui Woods Drive have to keep their windows shut to reduce noise levels. The traffic problem has led residents to request speed bumps and to lower the speed limit just to deal with the existing situation. Add to this the impact of the proposed development and the subdivision no longer provides residents the security, sanctuary and serenity that we are entitled to from our homes in this subdivision as guaranteed by the existing D zoning. Sincerely David Missere Denise Missere 2 376

26 Exhibit H June 16, 2014 Calvin Chan Senior Planner City of Kingston cchan@cityofkingston.ca Dear Mr. Chan, As property and business owners with businesses across the street and immediately impacted by the proposed zoning amendment changes to 1233 Midland Avenue we felt it prudent to correspond with you on the matter. Please ensure that the planning committee members receive a copy of this correspondence. Our two principal concerns are a) retail/medical office space use b) traffic implications. Some other concerns are c) available and newly developed retail space in close proximity to this plaza d) parking space deficiency e) 24- hour business uses and their compatibility a) The commercial businesses and properties, which are located across the street from the proposed plaza, are all owner occupied businesses. This includes the dental clinic, the chiropractic clinic and the veterinary clinic. Our livelihood depends on our practices. We have all put our entire life savings as small business owners into the development of our properties, buildings and practices. If a developer is considering offering retail and medical office space across the road from our existing practices, it only seems reasonable that there is a clause on the proposed future uses to exclude leasing the space to other dentists, veterinarians and chiropractors. This clause could be lifted in the event that there is no longer a competing use for that particular profession. b) We have a lot of concern about the Cataraqui Woods Drive entrance being so close to the intersection, given the proposed scope of the project. Regardless if the area is deemed arterial commercial or not, there is no right turn lane from Cataraqui Woods Drive onto Midland Avenue. The traffic is already heavy at times of day, and it can be very difficult 377

27 Exhibit H to turn in and out of our small medical office complex and we are set back further from the light, with a much smaller scale operation. Several of the uses proposed within this plaza would generate a high volume of traffic, especially the gas station, which is located to the south of the current site plan, and could result in a lot of patrons of a future gas bar entering and exiting off of Cataraqui Woods Drive. This intersection will already continue to get much busier when one looks at the city s master plan and the future growth and development of the Woodhaven subdivision, in addition to the recent opening of the Cataraqui Woods Drive extension. Projects of similar size and scope throughout the city either have 4 lanes of traffic for east/west and north/south flow, or 4 lanes of traffic in at least one direction and/or centre turning lanes. Most of them will also have an entrance/exit right at an existing traffic light, or a newly constructed traffic light to accommodate the development. When we see the existing gas bar with Mac s and other retail space located on the northeast corner of Bayridge Drive and Princess Street, we can see the congestion and difficulty that those turning left out of the plaza onto Bayridge Drive have on an ongoing basis. We believe that this will be a problem that will be experienced at this intersection as well. We can attest to this first hand, as it is already a problem, and it is normal for us to wait for 12 to 15 vehicles to pass between 7:00 and 7:15 in the evening so that we can turn left out of our building and this is during off peak hours. In the morning, we have to wait for the traffic to leave a gap to allow us to turn into our building We have no doubt that the future growth of Kingston will see the subject property be developed, but uses that are harmonious with the residential properties in terms of noise, hours of use, and traffic volumes need to be considered. The current proposal with a 24 hour Mac s, a 5 bay gas bar, restaurant with a drive-thru, two buildings containing retail space, one with medical office space and a financial institution with a drive thru that close to the intersection appears to be an accident waiting to happen. It would be better to consider a right in and out only onto Cataraqui Woods Drive, or some other option to minimize the congestion which will be created at the intersection. The city s engineering department has already had to design a plan for speed bumps along Cataraqui Woods Drive with installation happening later this year, due to the speed and traffic volume through the neighbourhood. We already have patients who live along Cataraqui Woods complaining about the traffic volume along the road, although some see additional services as a benefit, many of the 378

28 Exhibit H neighbours are concerned with traffic volume and noise already, and will find the additional traffic to be a disservice. There is also concern that there is a school just up the street from the proposed plaza. Many of the children walk to school as well as home. The sidewalk resides on the south side of Cataraqui Woods Drive. A Mac s and a drive-thru restaurant are locations that children may wish to visit, on their lunch hour or after school. The children will either be crossing a busy road illegally or trying to walk along the north side of the street in traffic or across properties to get to plaza the shortest way possible, as children always do. c) A few other matters of consideration are that there is also a lot of newly constructed retail/ office space for lease just north of Cataraqui Woods Drive on Gardiners Road, which has just been constructed. Is more retail space needed at this time with a lot of newly constructed space presently available? d) We also need to address the deficiency in the required number of parking spaces for the proposed development. Our businesses were required to have the minimum number of parking spaces as set out by the City of Kingston. We in fact, opted to put in additional parking spaces, not just the minimum required. If a plaza is to be constructed of such a scale that it requires a minimum amount of green space, parking spaces etc. then this should be adhered to. If this need can t be met, then the plan is too for the land size and the plan needs to change to ensure it can suit the available lot. e) The neighbours have also raised the concern of businesses operating 24 hours a day, adjacent to the residential homes. You have to consider noise, light and that the parking will likely become a hang out for neighbourhood kids, in terms of skateboarding, graffiti, litter, etc., and the impact that can have on not only the residential properties, but the other commercial establishments in the area. None of the other commercial businesses adjacent to the residential homes, with light commercial use have overnight hours or are ever open beyond 9 pm. For the most part, the businesses are closed by 7 pm to minimize the impact on the residential properties. Taller pylon signs cannot be directed down to minimize the light impact on the neighbours. Our small sign tower is turned off by 10 pm, to ensure that it is not disruptive to the neighbourhood. The signage on the animal hospital and Urban Paws faces onto Midland Avenue. How will the proposed pylon sign on Cataraqui Woods Drive be designed to minimize the impact on the neighbours? 379

29 Exhibit H Thank you for your time and consideration. Our concerns are valid and we trust that they will be discussed and addressed before making any final decisions on the neighbouring property. Regards, Dr. s Michael Van Buren and Adrina Patterson Property Owners 743 Cataraqui Woods Drive. 380

30 Exhibit H Gkotsis,Tony From: Joanne Whalen < > Sent: Wednesday, June 18, :07 PM To: Chan,Calvin Subject: Zoning Bylaw Amendment for #1233 Midland Ave Mr Chan I have been informed about the proposed Zoning Bylaw Amendment for the area of Cataraqui Woods residential area and how it will negatively affect our community with increased traffic, noise, littering, vandalism and theft in residential properties & vehicles, etc., and I would like to add my voice in OPPOSING the amendment. Traffic has increased significantly and with further growth in subdivisions of Woodhaven Cat Woods will only make the difficulty to enter/exit my own street greater. Please do not add a commercial plaza, convenience store and gas station to this residential area when we already have existing amenities nearby. Joanne Whalen Bittersweet Place 1 381

31 Exhibit H Gkotsis,Tony From: Cathy Sheldrick < > Sent: Wednesday, June 18, :15 PM To: Chan,Calvin Subject: Objection to the Amendment to 1233 Midland Avenue Hi Calvin, I am writing to voice my opposition to the zoning amendment to 1233 Midland Avenue (City file # D ). I feel that this proposed new plaza will negatively impact my life, the enjoyment of my property, and the safety and security of my family. I live on Bittersweet Place, which is almost across from where the new plaza is proposed to go in. I am very concerned about the traffic a new plaza would create. Currently, it is often very difficult to turn out of, and onto Bittersweet Place. I have sat (in my car) at the end of my street for 4 and 5 minutes waiting for a break in the traffic so I can make a left turn from my street. At rush hour, traffic is backed up on Cataraqui Woods Drive from the stop sign at Birchwood to past Bittersweet Place. With the opening of the extension of Cataraqui Woods Drive, we have already seen an increase in traffic. Adding a plaza to 1233 Midland Avenue will increase the traffic even further, and at all hours of the day and night. An increase in traffic is not only frustrating and inconvenient for residents in the area, but it s also a safety concern for our children. With Cataraqui Woods Elementary School just around the corner, the majority of the kids in the area walk to school. While I appreciate that there is a crossing guard at the 4 way stop at Birchwood and Cataraqui Woods Drive during key school hours, kids go to and from the school to play on the playground all the time evenings, weekends and all summer long when there is no crossing guard. As it is, I don t let my children walk along Cataraqui Woods Drive without me because there is just SO MUCH traffic. Additionally, a plaza would be an attraction for kids at lunchtime and after school. Along Cataraqui Woods Drive there is only a sidewalk on one side. The proposed plaza is on the opposite side of the street from the sidewalk I can see a lot of kids (and adults) crossing in the middle of traffic to get to the plaza, and putting themselves and drivers in danger. On another traffic note, it is already difficult for 2 way traffic to move along Cataraqui Woods Drive if there are residents parked on the street, and in the winter when snowbanks creep out onto the road. It s not unusual to have to pause and wait for oncoming traffic to pass so that you can turn or continue driving. This winter, I could barely see past the snowbanks at the end of my street to tell if there was traffic coming on Cataraqui Woods Drive. It won t be long before someone will be seriously hurt or killed here. In addition to the traffic, I am concerned about the noise and undesirable environment a 24 hour plaza would create. It would encourage loitering, increase littering and add the potential for late night vandalism. This is a residential zone, and I moved to this suburban neighbourhood expecting a quiet, safe, and secure place to raise my children. When it gets dark at night, our neighbourhood is quiet and that s the way I like it. We already have Walmart and another gas station (with a convenience store) very close by on Midland Ave. Having a six building plaza with two drive thrus and 212 parking spots pretty literally at the end of my street would have such a drastic impact on my quiet little street. This is a residential zone please leave it residential

32 Exhibit H I also have some concerns form an environmental perspective. It s a real pity that Cataraqui Woods no longer has much in the way of woods left. With every tree that comes down and every new house or commercial property that goes up, the charm and appeal of this neighbourhood decreases. I m worried about my property value going down too if this plaza is allowed. As it is, we have rabbits and raccoons in our yards, eating our gardens and going through our garbage. Cutting down more of their habitat will only increase this problem. When it rains hard, and when snow melts, Cataraqui Woods Drive at Midland already tends to flood. Paving the entire area beside it will only increase this problem. If it stays residential, at least lawns will help soak up water. I want a clean neighbourhood for myself and my kids adding drive thru lanes (where cars idle) and a gas station (which has high traffic) as well as a number of stores with parking will increase the air pollution in our area. While I would like to see this area stay vacant, I know that is unlikely. Perhaps something such as houses, or a retirement home or daycare would be more suited to this area; or if it is commercial, something with 9 5 hours and low traffic volume such as the dentist office or medical building. But this proposed six building plaza is not the right fit for this neighbourhood. Thank you for taking my objections into consideration. Please feel free to contact me if you have any questions. Cathy Sheldrick Bittersweet Place Kingston, ON 2 383

33 Exhibit H Gkotsis,Tony From: Sent: To: Subject: Joanne Wednesday, June 18, :43 PM Chan,Calvin opposition to plaza devellopment on Cat Wood Drive Good Day! As per instruction in your public meeting advisory and since I can not attend the meeting I would like to send you this to express my opposition to the project. I am not against the development of this new plaza but would like to see the Max Milk gaz bar develloped on the north side instead of having an entrance/exit on Cat Wood Drive. The traffic is already crazy as it is since Cat Wood Drive has been extended to the Wood Haven devellopment and the cars are contantly racing to cath the green light at Midland. It's an accident waiting to hapen, thus the reason why I oppose an entrance from the plaza to Cat Wood Drive. Sincerely Maurice Michaud! Regards, Maurice Michaud Bittersweer Place 1 384

34 Exhibit H Gkotsis,Tony From: Nikki < > Sent: Wednesday, June 18, :10 PM To: Chan,Calvin Subject: Changing 1233 Midland avenue from D zone to a commercial plaza, two drive thruster and a gas station -including 212 parking spaces I am a resident of cataraqui woods dr and I disapprove of changing the zoning of my neighborhood. Carolyn Mackay Sent from Samsung Mobile 1 385

35 Exhibit H Gkotsis,Tony From: Lori Hanson < > Sent: Wednesday, June 18, :41 PM To: Chan,Calvin; Gerretsen,Mark Subject: Cataraqui Woods Drive Hi my name is Lori Hanson, I have lived at Cataraqui Woods Drive with my husband and son for the past 9 years. I have 2 grandchildren, who I do not allow to play in the front of my home due to traffic. I am contacting you regarding our street and the proposed commercial centre you are looking to develop. When we first moved in to Cataraqui Woods we were told it was a residential area, and yet the city seems determined to make it commercial. To me this is a bad choice for the residents on the street. As an example, let me tell you about my week. Monday 7: 30 am. It took me approximately 15 minutes to get out of my driveway, while I waited I noticed a beige sedan run the four way at the corner of Cedarwood and Cataraqui Woods Drive, there were two buses picking up children for the catholic school, they had there stop signs out. He blew by them, almost hit a little girl and ran the red light at the end of the street. Apparently the only ones who cared were me, the bus drivers and the little girl. Apparently the students on Bittersweet will have to walk further as that is opposite the opening for the new Macs store and gas bar. Monday night I left work (by the way it used to take me 10 minutes to get to work, now approximately 30 minutes. On my way home I stopped at the light at the corner of Midland and Cataraqui Woods Drive, I sat through two green lights as there was so much traffic coming through, it took me the third time just to make it onto my street. These are typical examples of my days since your last great development idea. If you continue with this development with no modifications,(eg no entrance on Cataraqui Woods Drive, exit and entrance on Midland, and offices at this end, or put it in somewhere else), not only will I be taking my life into my own hands to get out of my driveway, but my house will be worthless. Am I going to end up like the ones on Midland with my windows boarded up? Does the city think that we do not deserve a peaceful home life? There is another Macs gas bar at the corner of Bayridge and Princess, literally 3 minutes from my home. Bayridge is constantly covered in wrappers and cans. However, there are no homes right next to the Macs store. We already have McDonalds garbage, cans and beer bottles, I shudder to think what we will be looking at if your proposal goes through. Not to mention the additional noise. As it stands our front windows are almost always closed, driving up our utilities. I pulled up a google map, you should try it. Not only is there a Macs with gas bar on Bayridge, near the end of our street, there is also Canadian Tire, the gas station on Midland, Esso, the gas station on Gardiners at the A & W. These are all within a very short drive of my home. Convenience stores with take out, Walmart, Loblaws, the gas station on Midland, the The A & W on Gardiners, the Mall, Esso, the other Macs. Fast food: Walmart, MacDonalds, Tim Hortons, Harveys, Lowe's, Subway, Canadian Tire, A & W, how many more do you want. Restaurants, Go Italian, Mary Browns, Carmelindas, Greek town, Eggquis, Siem Reip, Fardalas, the MALL and more. Do we really need more, is there no where else in Kingston left to develop? What about over by Costco, across from Dental office, there is a feed to the 401 and no convenience store for the people in that area. No homes face that road... think about it

36 Exhibit H I want to enjoy my home, I want to have company park in front of my home and not worry about being hit (this has happened 2X) What you are planning is going to make things very congested, with fast traffic. I have very real concerns as to what is going to happen to the families on our street with this new development and the value of our homes. It seems the decision makers are all about the money and have become desensitised as to the needs of the people who put them in power. There is a lesson in there for the voters. Lori Hanson 2 387

37 Exhibit H Gkotsis,Tony From: Dave Fredsberg < > Sent: Wednesday, June 18, :09 PM To: Chan,Calvin Subject: Proposed Bylaw Amendment Midland Avenue Dear Mr. Calvin Chan: Please take this as formal notice that as an owner of adjoining property on Cataraqui Woods Drive, I am against the proposed bylaw amendment. I have no desire to see retail or restaurant development next to my home. I will be attending the public meeting at City Hall on June 19, I look forward to being able to express my views and reasons at that time. Thank you, David Fredsberg 1 388

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40 Exhibit H Gkotsis,Tony From: Mike Sutton < > Sent: Thursday, June 19, :40 AM To: Chan,Calvin; George,Kevin Cc: Green,Deanna Subject: Zoning Midland Ave. Calvin Chan Kevin George My name is Mike Sutton and I live at Cataraqui Woods Dr. with my wife and two young children, ages 3 and 6. I am writing today, June 19, 2014, to express my concern and my objections to a proposed site plan and zoning change at 1233 Midland Ave. While I believe in developing the area, I am not at all convinced that some of the proposed businesses are well suited to the location. I also feel that the current traffic situation is already above what Cataraqui Woods can handle. Many of the businesses in the proposed plaza would be a welcome addition to the neighbourhood. However, I believe that approving a change to the existing zoning for the piece of land fronting on Cataraqui Woods Drive to allow for a gas station is a terrible idea. I always believed that zoning was designed to ensure a use for the land that was used appropriately for the area, and in keeping with the overall plan for the city. This is a residential area! If you look at the Chiropractic building, and the Pet store, they are an attractive and appropriate use for the area. Proper zoning has made this possible. If this gas station is critical to the success of the development, they should endeavour to build the development on the North East, or South East corner of the Cat Woods/Midland intersection, so that they are not adjacent to residential homes. The truth is that if it is truly a good location for a gas station, it won't be long before a gas station, or two, is constructed on the other side of the street. Do we really need 3 gas stations at this intersection? Is that the City of Kingston's vision for the main entrance to Cataraqui Woods and Midland Park? The proposed entrance/exit on Cat Woods Dr. will add traffic and confusion to an already congested area. I live down the road, just before the 4 way stop, and we already have "crazy drivers" coming through here, blasting their horns and yelling profanities out the window because they are so frustrated with the CURRENT traffic situation. Traffic control measure are already under way to try and get a handle on the CURRENT situation. I am not surprised that the developers would produce a report stating the area can handle it... they don't live here, and they don't care. They produced the report because it is a necessary step in achieving their goals. It has very little to do with the reality of the situation. I have also been told that their traffic impact report was completed before the Cataraqui Woods extension was completed, which could have a major impact on the results of their study. Because I live in the area, I am also concerned about the foul odours and light pollution that will be created. The potential for environmental contamination is disturbing. I am a Realtor in Kingston, and I do believe that the zoning change to allow for a Gas Station to be built will be detrimental to property values in the immediate vicinity. Nearby homes on Cataraqui Woods Dr., and also 1 391

41 Exhibit H Brackenwood, could see a real and dramatic decrease in the value of their homes. What happens when houses loose their value as single family homes?... one option is that they become good investments as duplexes and rooming houses, for one. A poor choice for the use of the land at the intersection, could begin to spread down the street over the years, further impacting the quality of the neighbourhood. The bottom line, is that I simply can't imagine the City of Kingston allowing a developer to walk in and build a gas station next to actual residents of the city. Families should suffer so that the rich get richer? Let's not kid ourselves... The existing zoning was put in place for a reason. It was well thought out, with the area and the residents in mind. The proposed zoning change and gas station only has the developers and the share holders in mind. Their are many uses for this land that would be both beneficial to the neighbourhood, and profitable for an investor. This is not the only option, and it is not a good option. Please decline the proposed zoning amendment for the sake of the people and families of Cataraqui Woods Dr. and Brakenwood Cres. Respectfully, Mike Sutton Sales Representative Direct // msutton@sutton.com Sutton Group Masters Realty Inc., Brokerage 1650 Bath Rd., Kingston Ontario Tel // Fax // Sutton Group Directors Award Recipient in 2010, 2011, Recognizing Outstanding Sales Performance