City of Kingston

Planning Committee

Minutes

17-2024
-
Council Chamber
Members Present:
  • Councillor Cinanni; Chair
  • Councillor Chaves
  • Councillor McLaren
  • Councillor Oosterhof
  • Councillor Osanic
Regrets
  • Councillor Glenn
Staff Present:
  • James Bar, Manager, Development Approvals
  • Christine O'Connor, Committee Clerk
  • Tim Park, Director, Planning Services

Councillor Cinanni, Chair, explained the purpose of the meeting, read the rights and obligations afforded to the Committee members and members of the public during the public meeting and reviewed the order of proceedings to clarify the speaking order for each public meeting.

The Chair called the meeting to order at 6:04 p.m.

  • Moved by:Councillor Chaves
    Seconded by:Councillor Oosterhof

    That the agenda be approved.

    Carried
  • Moved by:Councillor Osanic
    Seconded by:Councillor Chaves

    That the minutes of Planning Committee Meeting Number 16-2024, held Thursday, September 5, 2024, be approved. 

    Carried

There were none.

There were none.

Ms. Agarwal and James Cook, Watsons and Associates conducted a PowerPoint presentation regarding the Growth Allocations by Sub-Area and Future Urban Boundary Expansion Review. A copy of this presentation is available upon request through the City Clerk's Department. 

Councillor Osanic asked about expansion into the property to the west and how the timing of this expansion would coincide with finishing the Natural Heritage Study. Ms. Agarwal stated that a review of the sites that will be included for the future urban boundary expansion is still required and added that it is possible the boundary would not be expanded to Coronation Boulevard. She noted that the Natural Heritage Study would be completed and taken into consideration before the final recommendation on the Official Plan goes to Council.

Councillor Oosterhof asked for an explanation of what a complete community may look like in the Kingston context. He asked if Utilities Kingston had been involved in this project. Ms. Agarwal explained that the complete communities concept involves looking at the lands that will be brought forward within the urban boundary and using those lands for a mix of uses and different densities. Ms. Agnew added that staff would review the rural area and the addition of amenities that have been identified as lacking in those areas. She noted that these are long-term projections that require phasing and staging of infrastructure which involves collaboration with Utilities Kingston.

The Chair provided an opportunity for members of the public to speak. 

Julia Baron, 1307 Butternut Creek Road, asked if consideration had been given regarding flooding and potential climate changes with rainfall being much more significant than in previous decades. Shed asked if a study had been done for water mitigation as further development progresses. 

Isabelle Crack, 111 Markland Drive, noted a lack of reference to protected areas and heritage landmarks. She asked for the definition of natural heritage features and further inquired about whether protected areas that have already been identified would form part of the natural heritage features. She sought clarification on if there would be any changes to the process for declaring heritage features.

In response to public comments, Ms. Agarwal stated that she is not aware of a study regarding flooding and changes with precipitation in Kingston but added that the new Official Plan would consider the impacts of climate change. She provided the definition of natural heritage features written in the Official Plan. She explained that the City will be initiating a Natural Heritage Study which will include mapping of these features.

  • Moved by:Councillor Chaves
    Seconded by:Councillor Osanic

    That the Planning Committee recommend to Council on October 15, 2024:

    That Council endorse the allocation of population, housing and employment growth forecast within the Kingston East, Kingston West, Central Kingston and Kingston North sub-areas, as presented in Exhibit A to Report Number PC-24-051. 

    Carried

Mr. Clendening conducted a PowerPoint presentation regarding the Official Plan & Zoning By-Law Amendment for 2312 Princess Street. A copy of this presentation is available upon request through the City Clerk’s Department.

Councillor Chaves noted continued concerns regarding drainage and flooding. He asked if the applicant would be responsible for ensuring proper drainage and flooding prevention. He further inquired what assurances the residents have that the drainage plan would be followed. He asked if there would be pollinator friendly plants included in the landscaping plan. Mr. Clendening stated that the City's engineering team reviews all applications to ensure compliance with the law but added that the owner would not be responsible for any flooding that occurred prior to the purchase of the lot. He explained that professionals at the City are required to review the drawings provided by the applicant and it would be a matter of law for the applicant to follow the plans provided. He noted that there is extensive vegetation proposed for the buffer area to the north of the property but could not confirm whether it is pollinator friendly.

Councillor Chaves asked how close the project would be to net-zero. He asked if a community garden would be considered. Mr. Bar stated that the applicants had not yet submitted for their building permit but added that the developer does tend to build to the National Building Code which has a greater green target associated. He noted that there is an ability to have a community garden on this property. 

Councillor Chaves expressed concern for the conflict in the applicants proposal and staff's recommendation regarding balconies. He asked for confirmation that the balconies would be Juliette balconies on the North facing wall only. Mr. Clendening stated that the applicant does have the right to appeal based on the failure to make a decision within the prescribed timelines.

Councillor Osanic asked if there has been any discussion with the applicant regarding ensuring the survival of newly planted trees. Mr. Clendening noted that the Zonoing By-Law requires that there be a two meter strip of vegetation on the property. Mr. Bar added that this vegetative buffer that is required by the Zoning By-Law will be captured in the site plan control agreement and therefore will ensure a contractual obligation for the owner to maintain the vegetative buffer post-security release.

The Chair provided an opportunity for members of the public to speak.

Mary O'Brian, 163 Ellesmere Avenue, expressed concern for the size, density, and height of the proposal. She stated her desire for the property to remain arterial commercial and low density residential to allow for some housing. She listed privacy, compatibility, and shadowing as additional concerns with the application. She noted the size of the building and depth of the underground parking as indicators that construction would take several years. 

Catherine Ceasar, 155 Ellesmere Evenue, expressed concern for the size of the proposed building, the traffic impact study, and the fencing. She stated that construction of a building of this magnitude would destroy the wooden fence of residents backing onto this lot. She noted that the owner should be responsible for constructing a decent fence between the property and the residents of Walnut Grove. She expressed additional concern for the vegetative buffer and the length of time it would take for new trees to mature to create the buffer represented in the application.

In response to public comments, Mr. Clendening stated that blasting in construction is regulated provincially and that the Site Alteration By-Law is in place to aid in managing these types of construction activities. He added that 53% of the North facing balconies were calculated at an aggregate level, including the furthest south. He noted that the subdivision located next to the property has many mature trees that will act as a buffer while the vegetative buffer provided by the applicant will provide additional privacy. He confirmed that the applicant is not proposing to replace the existing fence but that the developer would take the necessary precautions to mitigate negative impacts on the existing fence. He added that the applicant did submit a traffic impact study that was not required to be revised based on the new proposal that sought to minimize the extent of overlook and massing. He further noted that shadowing would generally be maintained to the applicants property during the fall, spring, and summer with the exception of minor shadows across residential lots to the North during the fall and spring equinox.

Councillor Chaves commended staff, the applicant, and residents for working together on this application. He reiterated the concern regarding overlook but recognized the compromises made by the applicant.

Councillor Oosterhof asked if the developer could plant older trees in the buffer to respect the privacy of the residents in the area. Mr. Bar confirmed that typically trees that are four or five feet in height are chosen for planting but added that the applicant has proposed to plant trees that are two meters in height.

  • Moved by:Councillor Chaves
    Seconded by:Councillor Oosterhof

    That the Planning Committee recommends to Council: 

    That the applications for Official Plan and zoning by-law amendments (File Number D35-004-2022) submitted by Arcadis, on behalf of 2312 Princess Street Inc., for the property municipally known as 2312 Princess Street, be approved; and 

    That the City of Kingston Official Plan, as amended, be further amended, Amendment Number 88, as per Exhibit B, (Draft By-Law and Schedule A to Amend the Official Plan) to Report Number PC-24-048; and 

    That Kingston Zoning By-Law Number 2022-62, as amended, be further amended, as per Exhibit C (Draft By-Law and Schedule A and B to Amend Zoning By-Law Number 2022-62) to Report Number PC-24-048; 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. 

    Carried

This business item was superseded by Business Item 2. 

  • That the Planning Committee recommends to Council: 

    That the applications for Official Plan and zoning by-law amendments (File Number D35-004-2022) submitted by Patry Inc., on behalf of 976653 Ontario Inc., for the property municipally known as 2312 Princess Street, be approved; and

    That the City of Kingston Official Plan, as amended, be further amended, Amendment Number 88, as per Exhibit A, (Draft By-Law and Schedule A to Amend the Official Plan) to Report Number PC-24-010; and

    That Kingston Zoning By-Law Number 2022-62, as amended, be further amended, as per Exhibit B (Draft By-Law and Schedule A and B to Amend Zoning By-Law Number 2022-62) to Report Number PC-24-010; 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. 

    Withdrawn

There were none. 

There were none. 

There was none. 

The next meeting of the Planning Committee is scheduled for Thursday, October 10, 2024 at 6:00 p.m.

  • Moved by:Councillor Chaves
    Seconded by:Councillor Oosterhof

    That the meeting be adjourned at 7:31 p.m.

    Carried