i report no.: c249 to: from - city of kingston...report to city council ‘-h’ removal - “walnut...

I Report No.: C249 I TO:

FROM:

PREPARED BY:

DATE PREPARED:

DATE OF MEETING:

SUBJECT:

Bert Meunier, Chief Administrative Officer

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

George T. Wallace, Supervisor - Development Approvals

2002-08-22

2002-09-03

Application To Lift Holding ‘-H’ Symbol for ‘LDR*l’ Zone Walnut Grove Subdivision, Stages 1 & 2 - Dacon Construction Ltd. East Side of Andersen Drive, north of Princess Street Our File No. D28-40-02

RECOMMENDATION:

WHEREAS Dacon Construction Ltd., has submitted an application requesting that the ‘-H ’ Holding Symbol be lifted from Stages 1 & 2 of the development known as the “Walnut Grove” Subdivision (Blocks 1 - 3 inclusive and Part of Block 4), located on the east side of Andersen Drive, north of Princess Street in the Cataraqui North Neighbourhood in Kingston West, and

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

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

all necessary Agency clearance letters have been submitted to the Municipality; confirmation of adequate sewage capacity to service Stages 1 & 2 of the proposed Subdivision has been received from Utilities Kingston; all Municipal requirements are contained within the Subdivision Agreement and are shown on the approved engineering plans; the Subdivision Agreement has been executed by the Owner and returned to the Municipality for registration together with the required Final Plans and financial security; the Owner has submitted an Application for Site Plan Control Approval for Stages 1 & 2 of the Subdivision and will be signing a Site Plan Control Agreement; and the Owner has submitted, for the Municipality’s consideration, the appropriate application for an amendment to the Zoning By-Law to remove the ‘-H’ Holding Symbol:

i

Report to City Council ‘-H’ Removal - “Walnut Grove” Subdivision (File No. D28-40-02)

Report No. C249

RECOMMENDATION (Cont’d):

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

1, That Schedule “A” to Zoning By-Law 76-26 of the former Township of Kingston, as amended, be further amended by removing the ‘-H’ Symbol for the lands described as Part of Lots 14 & 15, Concession 3, located on the east side of Andersen Drive, north of Princess Street, so as to rezone Stages 1 & 2 of the “Walnut Grove” Subdivision from ‘LDR*l-H’ Special Low Density Residential Zone to Zone ‘LDR*l’ Special Low Density Residential, which lands are shown as “Lands subject to H Removal” on Schedule “A” attached hereto.

A Draft of the Amending Zoning By-Law for Stages 1 & 2 only is appended to this report for Council’s review and consideration (Appendix No. 1).

AND BE IT FURTHER RESOLVED that the ‘-H7 Holding Symbol for the subsequent stages of the “Walnut Grove” Subdivision shall be lifted, subject to Utilities Kingston confirming adequate sewage capacity for each stage and the Site Plan Control Agreement being executed by the Owner for the stage(s) that are the subject of each subsequent request for ‘-H’ Removal, upon presentation to Council of further Amending Zoning By-Laws to remove the ‘-H7 Holding Symbol for the subsequent stages.

PURPOSE / ORIGIN: This matter originates in an application, submitted by Dacon Construction Ltd., for removal of an ‘-H7 Holding Symbol. The purpose of this report is to assess the merits of the request and to make a recommendation to City Council respecting removal of the ‘-H’ Holding Symbol.

DISCUSSION:

(a) Site Location and Description: The “Walnut Grove” Subdivision (Dacon Construction Limited - Owner) is located north of Princess Street and east of Andersen Drive in the Cataraqui North Neighbourhood. The subject site is 10.19 hectares (25.2 acres) of vacant land (See copy of Key Map attached hereto) and is proposed to be developed as a residential subdivision designed as a seniors / retirement project. The Plan of Subdivision sets out nine (9) blocks to be developed for approximately 135 freehold units, consisting of a mix of detached, semi-detached and townhouse dwellings (as determined by market demands), together with a central park and community building (Blocks 10 & 13).

The Owner is proposing to develop the subdivision in 6 Stages. A Site Plan Control Application has been submitted for Stages 1 & 2, comprising Blocks 1 , 2 and 3 and Part of Block 4 and consisting of 8 single detached dwellings, 18 semi-detached dwelling units and 15 row dwelling units (total of 41 units). Each of the subsequent stages will also require Site Plan Control Approval prior to development proceeding on each stage.

c ~ ~ ~ ~ j ~ MEETING.? 1 SEP 0-J ‘02 Report to City Council ‘-H’ Removal - “Walnut Grove’’ Subdivision (File No. D28-40-02)

Report No. C249

DISCUSSION (Cont’d):

(b) Background: The City of Kingston issued Draft Plan Approval for this Subdivision (File No. P43 1-97- lo), subject to conditions, on June 1, 1999. Amending Zoning By-Law Nos. 2001-93 and 2001-94 (Amending both By-Law No. 76-26 and By-Law No. 97-102) which were passed by Council on March 20,2001, rezoned the subject property to the ‘LDR* 1 ’ Special Low Density Residential Zone. The ‘LDR* 1 ’ Zone permits single detached, semi-detached and row dwellings and contains special provisions to provide for increased driveway and garage widths in order to permit a double car garage on some of the proposed townhouse buildings. In accordance with the policies of the Official Plan for the former Township of Kingston, the ‘LDR*l’ Zone is subject to an ‘-H’ Holding Symbol that will delay development until certain conditions have been fulfilled by the Owners.

(c) Procedural Information: Zoning By-Laws to remove ‘-H’ Holding Symbols are typically technical in nature as the planning issues related to the use of the ‘-H’ Symbol and the conditions for its removal have been established as part of the initial rezoning process. Also, any technical issues and required clearance letters are generally addressed through the review and approval of the final engineering plans and the conditions established by Council and contained within the Subdivision Agreement. Pursuant to Council’s adopted procedures (Clause 5 , Report No. 7, Meeting No. 2, held on 1998- 12-9, reports dealing with Applications for Removal of an ‘-H’ Symbol are referred directly to City Council by Staff. This process was instituted as a customer service initiative to reduce the processing time for applications and in recognition of the fact that the conditions for such removal have already been clearly established by the Planning Committee and Council. This direct process was determined to be more efficient given the fact that such applications are generally submitted towards the end of the planning process when timing may be critical to the developer.

(a) Analvsis: The Owner is requesting that the ‘-H’ Holding Symbol be removed from the “Walnut Grove” Subdivision in order to allow construction of up to one hundred and thirty-five (135) residential dwellings to proceed.

At this time, Utilities Kingston has confirmed sewage capacity for only Stages 1 and 2 of the proposed Subdivision (Blocks 1 - 3 inclusive and Part of Block 4). Therefore, the ‘-H’ is being lifted from Stages 1 and 2 only at this time.

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

1. All necessary Agency and / or Municipal clearance letters for the Subdivision have been received.

2. Confirmation has been received from Utilities Kingston that there is sufficient sewage capacity to service Stages 1 & 2 of the proposed Subdivision.

3. The Subdivision Agreement has been executed by the Owner and returned to the Municipality for registration at the same time as the Final Subdivision Plan. The Owner has

~~~~~~~ 2 I SEP 03 ‘02 Report to City Council ‘-H’ Removal - “Walnut Grove” Subdivision (File No. D28-40-02)

Report No. C249

DISCUSSION (Cont’d):

Analysis (Con t ’ d) :

submitted the necessary financial securities, certificate of insurance and Final Plans required by the Subdivision Agreement. All Municipal and Agency requirements are contained within the conditions comprising the Subdivision Agreement or are detailed on the approved engineering plans appended to the Agreement.

4. The Site Plan Control Agreement will be executed by the Owner and returned to the Municipality for registration together with the necessary financial securities required by the Site Plan Control Agreement. All technical requirements are contained within the conditions comprising the Site Plan Control Agreement or are detailed on the approved site plans appended to the Agreement.

5 . The Owner has submitted the appropriate application to amend By-Law No. 76-26 (Restricted Area Zoning By-Law) so as to remove the ‘-H’ Symbol for the subject lands. This amendment will be processed in accordance with the Notice Regulations of the Planning Act. These regulations require that a Notice of Council’s intent to pass an amending By-Law to remove an ‘-H’ Symbol be provided by an advertisement in a newspaper with sufficiently general circulation or by first class mail to the Owner and any person or agency specifically requesting such notice. In this instance, Notice was provided by first class mail to the Owner.

Each of the subsequent stages of the subdivision will also require Site Plan Control Approval prior to development proceeding. This additional planning approval will provide a further opportunity for detailed review by the City and outside agencies to ensure that the terms and conditions of the Subdivision Agreement are being complied with and that all Municipal and Agency requirements are being met. As Utilities Kingston confirms adequate sewage capacity for the subsequent stages and the Site Plan Control Agreements are executed by the Owner, further Amending By-Laws will be presented to City Council to remove the ‘-H’ Symbol to allow development of the further stages to proceed.

Conclusion: The intent of the ‘-H’ Holding Symbol on the subject property was to restrict development until such time as all necessary municipal and agency requirements have been fulfilled and all necessary agreements had been executed. Based on the foregoing analysis it would appear that the Owner has fulfilled the requirements for the removal of the ‘-H’ Holding Symbol. Therefore, it would now be appropriate that it be recommended to City Council that the Zoning By-Law be amended to remove the ‘-H’ Holding Symbol for Stages 1 & 2 of the “Walnut Grove” Subdivision (Blocks 1 - 3 inclusive and Part of Block 4).

Report to City Council ‘-H’ Removal - “Walnut Grove” Subdivision (File No. D28-40-02)

Report No. C249

CONTACTS: Further information with respect to this application and the contents of this Report can be obtained by contacting: 0

0

George T. Wallace, Supervisor - Development Approvals (384- 1770, extension 252), Bianca M. V. Bielski, Manager (384-1770, extension 250).

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

0 Building and By-Law Division; 0

0 Cataraqui Region Conservation Authority;

0

Utilities Kingston (no object to ‘-H’ Symbol being removed for 41 units);

Fire & Rescue ; and, Engineering Division (provided engineering drawings are approved and Subdivision / Site Plan Agreements have been signed).

couNcli ~~~~~~~2 1 SEB 03 92 Report to City Council ‘-H’ Removal - “Walnut Grove” Subdivision (File No. D28-40-02)

Report No. C249

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

K:\D2840_Walnut Grove SubdivisionVteport C249-H Lift-Walnut Grove.doc

Appendix No. 1

THE CORPORATION

OF THE

CITY OF KINGSTON

DRAFT ZONING BY-LAW TO

AMEND BY-LAW NO. 97-102 (‘-H REMOVAL)

CATARAQUI NORTH ZONING BY-LAW

OF THE FORMER TOWNSHIP OF KINGSTON

“Walnut Grove” Subdivision, Stages 1 & 2 Dacon Construction Ltd.

East Side of Andersen Drive, north of Princess Street

File No. D28-40-02 Drafted: August, 2002

The Corporation of the City of Kingston Planning and Development Services

Planning Division 216 Ontario Street, Kingston, Ontario

K7L 223

THE CORPORATION OF THE CITY OF KINGSTON

BY-LAW NO. 2002-

A BY-LAW TO AMEND BY-LAW NO. 97-102, CATARAQUI NORTH ZONING BY-LAW, AS AMENDED BY BY-LAW NOS. 2001-93 & 2001-94, TO REMOVE THE ‘-H’ HOLDING SYMBOL RELATED TO THE ‘LDR*l-H’ ZONE (“Walnut Grove” Subdivision, Stages 1 & 2 - Part of Lots 14 & 15, Concession 3, in the former Township of Kingston).

PASSED:

WHEREAS By-Law Nos. 2001-93 and 2001-94 rezoned certain lands in the Cataraqui North Neighbourhood in Kingston West, known as the “Walnut Grove” Subdivision, to Zone ‘LDR*l-H’ Special Low Density Residential in order to permit up to 135 residential dwelling units for single detached, semi-detached and row dwellings; and

WHEREAS By-Law Nos. 200 1-93 and 200 1-94 established Holding (‘-,’I provisions related to the ‘LDR*l-H’ Zone, so that development would not be allowed to proceed until such time as all necessary Municipal and Agency requirements had been fulfilled and all necessary Agreements had been executed; and

WHEREAS the Owner (Dacon Construction Ltd.) is now requesting that the ‘-H’ Holding Symbol be lifted from Stages 1 & 2 of the proposed “Walnut Grove” Subdivision (Blocks 1 - 3 inclusive and Part of Block 4)’ and have submitted an application to amend By-Law No. 97-102 so as to remove the ‘-H’ Holding Symbol; and

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

all necessary Agency clearance letters for the subdivision have been submitted to the Municipality; confirmation has been received of adequate sewage capacity to service Stages 1 & 2 of the proposed Subdivision; all Municipal requirements are contained within the Subdivision Agreement and are shown on the approved engineering plans; the Subdivision Agreement for the “Walnut Grove” Subdivision has been executed by the Owner and returned to the Municipality for registration together with the required financial security;

0

0

0

- 2 -

An application for Site Plan Control has been approved for Stages 1 and 2 of the Subdivision and the Site Plan Control Agreement for Stages 1 & 2 of the “Walnut Grove” Subdivision will be executed by the Owner and returned to the Municipality for registration together with the required financial security; and

the Owner has submitted, for the Municipality’s consideration, the appropriate application for an amendment to the Zoning By-Law to remove the ‘H’ Symbol:

WHEREAS the Council of the Corporation of the City of Kingston now deems it advisable to amend Zoning By-Law No. 97-102, as amended, so as to remove the said ‘-H’ Holding Symbol from Stages 1 & 2 only of the “Walnut Grove” Subdivision (Blocks 1 - 3 inclusive and Part of Block 4), and allow the development of the subject lands for a total of up to 41 residential units (8 single detached, 18 semi-detached and 15 row dwellings), to proceed:

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

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

2. That Schedule “A” to By-Law No. 97-102, as amended, is hereby further amended by removing the “-H” Symbol for the lands known as Stages 1 & 2 of the “Walnut Grove” Subdivision (Blocks 1 - 3 inclusive and Part of Block 4), described as Part of Lots 14 and 15, Concession 3, located on the east side of Andersen Drive, north of Princess Street, so as to rezone these lands from Zone ‘LDR*l-H’ Special Low Density Residential to Zone ‘LDR* 1 ’ Special Low Density Residential, which lands are shown as “Lands subject to ‘H’ Removal” on Schedule “A” attached hereto.

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

-

GIVEN ALL THREE READINGS AND FINALLY PASSED ON THE day of - ,2002.

Mayor, Isabel Turner City Clerk, Carolyn Downs

I, The Corporation of the City of Kingston

Key Map 'H' Symbol Removal

-.- Y 1_ v* %-

Apphcanf. Dacon Construction Lirnifed File No D28-40-02 Address' Cataraqui Noi-fh Neighbourhood Plan No.

Roll No.. 101108019000400 LOtlCOnC.: CON 3 PT LOT 15 RP 13R15883,PARTS&fZ,,PARTS 18-22

This map is not io be used for precise scaling II

Legend:

Subject Property

K \CAD\328-40-02k 3WG

Prepared by: Brian Sutherland

Lands subject to File NO : D28-04-02 Address Cataraqui North Neighbourhood

LotiConc. Roll No.: 101108019000400

Scale - Metric 0 40 80 120 160m

CON 3 PT LOT 15 RP 13R15883:PARTS 1-3, PARTS B-IZ,,PARTS 18-22

This map is not to be used for precise Scaling

i.... L. Date: April 11 2002 Prepared by: Brian Sutherland

CITY OF KINGSTON

REPORT TO COUNCIL

I Rer>ort No.: C251 I

TO:

FROM:

PREPARED BY:

DATE PREPARED:

DATE OF MEETING:

SUBJECT:


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

Mamie Venditti, Senior Planner

2002-08-27

2002-09-03

Application To Lift Holding ‘-H’ Symbol for ‘(22-24’ Zone McDonald’s Restaurants of Canada, 2658, 2690 Princess Street and 1027 Midland Avenue, Northwest comer of Princess Street and Midland Avenue Our File No. D28-42-02

RECOMMENDATION:

WHEREAS McDonald’s Restaurants has submitted an application requesting that the ‘-H’ Holding Symbol be lifted from the property known municipally as 2658, 2690 Princess Street and 1027 Midland Avenue, located on the north-west corner of the intersection of Princess Street and Midland Avenue in Kingston West, and

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

WHEREAS the Owner has complied with the conditions for the removal of the ‘-H7 Holding Symbol as follows:

0

0

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

Report No. C251 ~~~~~1~ ~~~~1~~ 2 1 SEP 03 ‘02

Report to City Council ‘-H’ Removal - McDonald’s Restaurant (File No. D28-42-02)

Page - 2 -

RECOMMENDATION (Cont’d):

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

1. That Schedule “A” to Zoning By-Law 76-26 of the former Township of Kingston, as amended, be hrther amended by removing the ‘-H’ Symbol for the lands described as Part of Lot 9, Concession 3, and Part of Lots 1, 2, and 3, Plan 549, located on the north-west corner of Princess Street and Midland Avenue, so as to rezone the subject lands from ‘C2-24-H’ Core Commercial Zone to Zone ‘C2-24’ Core Commercial Zone, which lands are shown as “Lands subject to H Removal” on Schedule “A” attached hereto.

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

PURPOSE / ORIGIN: This matter originates in an application, submitted by McDonald’s Restaurants of Canada Limited, for removal of an ‘-H’ Holding Symbol. The purpose of this report is to assess the merits of the request and to make a recommendation to City Council respecting removal of the ‘-H’ Holding Symbol.

DISCUSSION:

(a) Site Location and Description: The subject lands are located on the north-west corner of the intersection of Princess Street and Midland Avenue, and are known municipally as 2658-2690 Princess Street and 1027 Midland Avenue and comprises a total land area of approximately 2.02 ha. (5 acres) of land with two existing dwellings. (See copy of Key Map attached hereto). The Owner is proposing to develop these lands in two phases, the first being a McDonald’s restaurant and the second phase being a retail plaza and restaurant.

The lands to the north are currently being developed with a residential subdivision. The predominant surrounding land uses are commercial, Loblaws and ToysRUs to the east, Cataraqui Town Centre to the south-east, Petcetera to the south-west and Leons to the west.

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

COUNCIL MEET”? 1 SEP 0 3 ‘02 Report to City Council ‘-H’ Removal - McDonald’s Restaurant (File No. D28-42-02)

Report No. C251

Page - 3 -

established by the Planning Committee and Council. This direct process was determined to be more efficient given the fact that such applications are generally submitted towards the end of the planning process when timing may be critical to the developer.

(d) Analysis: The Owner is requesting that the ‘-H’ Holding Symbol be removed from the property located at 2658-2690 Princess Street and 1027 Midland Avenue in order to allow construction of a McDonald’s restaurant to proceed.

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

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

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

3. The Owner has submitted the appropriate application to amend By-Law No. 76-26 (Restricted Area Zoning By-Law) so as to remove the ‘-H’ Symbol for the subject lands. This amendment will be processed in accordance with the Notice Regulations of the Planning Act. These regulations require that a Notice of Council’s intent to pass an amending By-Law to remove an ‘-H’ Symbol be provided by an advertisement in a newspaper with sufficiently general circulation or by first class mail to the Owner and any person or agency specifically requesting such notice. In this instance, Notice was provided by first class mail to the Owner.

(e) Conclusion: The intent of the ‘-H’ Holding Symbol on the subject property was to restrict development until such time as all necessary municipal and agency requirements have been fulfilled and all necessary agreements had been registered on title. Based on the foregoing analysis it would appear that the owner has fulfilled the requirements for the removal of the ‘-H’ Holding Symbol. Therefore, it would now be appropriate that it be recommended to City Council that the Zoning By-Law be amended to remove the ‘-H’ Holding Symbol for the subject property.

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

0

0

0

Mamie Venditti, Senior Planner- (384-1 770, extension 178) George T. Wallace, Supervisor - Development Approvals (384-1770, extension 252) Bianca M. V. Bielski, Manager (384-1770, extension 250).

COUNClL MEETING 2 1 SEP 0 3 902 Report to City Council ‘-H’ Removal - McDonald’s Restaurant (File No. D28-42-02)

Report No. C251

Page - 4 -

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

0 Building and By-Law Division; Utilities Kingston; Parks and Arenas;

e

Fire & Rescue ; and, Engineering Division (once engineering drawings approved and Owner has signed Agreement).

~~~~~~~ M%ETING 2 4. SEP 0 '02. Report to City Council '-H' Removal - McDonald's Restaurant (File No. D28-42-02)

Page - 5 - Report No. C251

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

J

Chief Administrative Officer

K:\D28-H\42-2658,2690 Princess & 1027 Midland\Report.doc

Appendix No. 1

THE CORPORATION

OF THE

CITY OF KINGSTON

DRAFT ZONING BY-LAW TO

AMEND BY-LAW NO. 76-26 (‘-H REMOVAL)

OF THE FORMER TOWNSHIP OF KINGSTON

McDonald’s Restaurant’s of Canada

North-west corner of Princess Street and Midland Avenue

File No. D28-42-02 Drafted: August, 2002

The Corporation of the City of Kingston Planning and Development Services

Planning Division 216 Ontario Street, Kingston, Ontario

K7L 223

THE CORPORATION OF THE CITY OF KINGSTON

BY-LAW NO. 2002-

A BY-LAW TO AMEND BY-LAW NO. 76-26, FORMER KINGSTON TOWNSHIP ZONING BY-LAW, TO REMOVE THE ‘-H’ HOLDING SYMBOL RELATED TO THE ‘C2-24-H’ ZONE (McDonalds Restaurant’s of Canada, Part of Lot 9, Concession 3, and part of Lots 1,2, and 3, plan 549, in the former Township of Kingston).

PASSED:

WHEREAS By-Law No. 76-26 for the former Kingston Township established Holding (‘-H’) provisions related to the ‘C2-24-H’ Zone, so that development would not be allowed to proceed until such time as all necessary Municipal and Agency requirements had been fulfilled and all necessary Agreements had been executed; and

WHEREAS the Owner (McDonald’s Restaurants of Canada) is now requesting that the ‘- H’ Holding Symbol be lifted, and have submitted an application to amend By-Law No. 76- 26 so as to remove the ‘-H’ Holding Symbol; and

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

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

0

WHEREAS the Council of the Corporation of the City of Kingston now deems it advisable to amend Zoning By-Law No. 76-26, so as to remove the said ‘-H’ Holding Symbol from the property located at 2658-2690 Princess Street and 1027 Midland Avenue, and allow the development of the subject lands for a McDonald’s Restaurant to proceed:

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

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

2. That Schedule “A” to Zoning By-Law 76-26 of the former Township of Kingston, as amended, be fbrther amended by removing the ‘-H’ Symbol for the lands described as Part of Lot 9, Concession 3, and Part of Lots 1,2, and 3, Plan 549, located on the north- west corner of Princess Street and Midland Avenue, so as to rezone the subject lands fiom ‘C2-24-H’ Core Commercial Zone to Zone ‘C2-24’ Core Commercial Zone, which lands are shown as “Lands subject to H Removal” on Schedule “A” attached hereto.

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

GIVEN ALL THREE READINGS AND FINALLY PASSED ON THE - day of ,2002.

Mayor, Isabel Turner City Clerk, Carolyn Downs

EC . -

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R2-9 1

\ C2-24

I = I

"1 cu

R2-9-H

C2-24

C2-55-H

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The Corporation of the City of Kingston

Schedule 'A' to By-law No. nm * * r n * * P ? + w , W + + * P W * X r n *- m w

Applicant'

Address:

McDonalds's Restaurants of Canada Ltd

nlw corner of Princess St 8, Midland Ave File No ' D28-42-02

Zone Change from C2-24-H to C2-24

Plan No,: Plan 549, RP 13R8702, 13R12392 Pt 1, 13R15445 Pt 1 & 2 LotlConc.: Con 3 Lot g Certificate of Authentication Ro,, No,: o, 08020002300, 3200, 340, & 351 J ~ ~ ~ _ ^ * l " ~ ) . . , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ * . x ~ x ~ ~ ~ ~ ~ ~ ~ ~ ~ L ~ . ~ x ~ ~ ~ x ~ ~ ~ x . ~ ~ ~ ~ ~ ~ , ~ ~ ~

This is Schedule 'A' to By-law No. 8 divisiot? of Pisr-ining & 1

i3eveiopvrrer:t Scale: - passed this day of 3arvic:os Metric 0 25 50 75 100m

20 . - This map is not to be used for precise scaling.

I Date August 22,2002 -' I Mayor Clerk Prepared by: T, G~~~~~ K\D28-HLD!42-02 DWG

CITY OF KINGSTON

REPORT TO COUNCIL

I ReportNo.: C252 I

TO:

FROM:

PREPARED BY:

DATE PREPARED: 2002-08-22

DATE OF MEETING: 2002-09-03


Lance Thurston, Commissioner of Community Services

John Cross, Community Development Facilitator (Emergency Management)

SUBJECT: Joint Emergency Preparedness Program (JEPP) Funding Application

RECOMMENDATION: WHEREAS Council recently approved the interim use of 500 O’Connor Drive as an Emergency Operations Centre and the Kingston Fire & Rescue Services’ administrative headquarters;

AND WHEREAS applications can be made to the federal/provincial Joint Emergency Preparedness Program (JEPP), administered by the Office of Critical Infrastructure Protection and Emergency Preparedness, to apply for cost-sharing consideration for the costs of equipping Emergency Operations Centres;

THEREFORE IT BE RESOLVED THAT Council approve that a JEPP funding application be submitted in the amount of up to $65,000 for the purchase of audio-visual, voice telecommunications, and office equipment for the City of Kingston’s new Emergency Operations Centre at 500 O’Connor Drive, and that Council authorize the Mayor and Clerk to sign the necessary agreements in a form satisfactory to the City Solicitor.

ORIGIN/PURPOSE : On June 18,2002, Council endorsed a recommendation from the City of Kingston’s Municipal Control Group to utilize the former OPP building on O’Connor Drive as the future site of the Fire & Rescue Services’ administrative headquarters and the City of Kingston’s main Emergency Operations Centre.

The purpose of this report is to seek Council’s approval to apply for JEPP funding by the September 13, 2002 application date.

OPTIONS/DISCUSSION: A well designed and equipped Emergency Operations Centre (EOC) is an integral component of any comprehensive emergency management program. An EOC must have the appropriate space, and furniture and equipment on-site to enable the Municipal Control Group and other key officials to operate efficiently and effectively in an emergency or disaster situation. Sufficient spaces are required for the main emergency operations, communications, media, and breakout rooms. The purpose of the JEPP

s’ application is to request cost-share consideration for the purchase of essential equipment, including - .I ir

- Page 2 -

Report No: C252

facsimile equipment, display boards, flip charts, telephones, overhead projectors, and other related items to properly equip the emergency operations centre and media and breakout rooms. All of this equipment is portable and/or relatively easily removable and can be relocated to another EOC site. Plans are presently underway to start the minor interior and exterior renovations to the building and the EOC should be operational by no later than the spring of 2003.

EXISTING POLICY/BY-LAW: Not applicable

LINK TO THE STRATEGIC PLAN: Not applicable

FINANCIAL CONSIDERATIONS: The JEPP cost-share formula is “55/45” with the City responsible for 55% of all approved JEPP project costs. All funding is paid in arrears. Once an approved project has been completed, the municipality will submit a claim to JEPP for the program portion (45%) of the cost of the JEPP project.

The equipment to be purchased is required to make the EOC fully operational and it will be purchased from the approved 2002 Community Services (Office of the Commissioner) operating budget. All JEPP funding received will be used to offset these expenditures.

CONTACTS: John Cross, Community Development Facilitator (Emergency Management), 546-429 1 ext. 1249 Harold Tulk, Fire Chief, Kingston Fire & Rescue Services, 548-4001 ext. 204

DEPARTMENTS/OTHERS CONSULTED AND AFFECTED: Bert Meunier, Chief Administrative Officer, 546-4291 ext. 1245 Municipal Control Group - City of Kingston Royce Connors, Manager, Voice Telecommunications, Client Services Division, 546-4291 ext. 23 8 1 Barclay Mayhew, Manager, Properties Division, 546-4291 ext. 1233 Dave Clarke, Area Officer, Emergency Management Ontario

W:\caoDO02 Reports\Cotnmunity Services\Offce of the Coimnissioner\C252 - JEPP Application.doc

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