Re: Public Notice of Application for a Zoning By-Law Amendment and Draft Plan of Subdivision submitted by Ontario Ltd.

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1 Grant C. Bain/Director Jason Budd/Senior Planner Planning and Development Department The Corporation of the City of Kings toil Dear Mr. Bain/Jason Budd and To Whom It May Concern: OCT PLANNING & DEVELOPMENT DEPI\i:;n,iENT CITY OF l<ingstot,1 Re: Public Notice of Application for a Zoning By-Law Amendment and Draft Plan of Subdivision submitted by Ontario Ltd. Dear Sirs, Residing at 503 Forest Hill Drive EAST we are protesting the development of new residential development behind our home. The land in question provides a natural safety barrier and sound buffer from the CN railway tracks. In light of recent derailments in residential communities one would hope that our own city planners would not consider putting residents at risk. Zoning for new residences along railway lines needs to be carefully considered given the recent catastrophes. Access in and out ofthe subdivision would be restricted and somewhat land locked given the rail on the south side of the proposed development. On the environmental side the proposed land is horne to an assortment of woodland animals and natural vegetation. We are losing what little green space we have. The migration of deer across frozen Lake Ontario is a seasonal one. The sheer beauty of this track of land while driving along Bath Road will be lost forever as well. A major concern for new home owners and buyers has always been proximity to rail lines. It has thwarted sales on our street, not helped. The counter balance has been the green belt and natural vegetation behind'the properiy lines. We wish to be present and informed of any public meeting at which it will be possible to air objections to the proposed Zone Changes and ask that you consider this letter as one of protest on the subject property bordering Forest Hill Dr. E. Sincerely, Dan and Nancy Marshall 503 Forest Hill Dr. E Kingston, Ontario K7M 8M5 140

2 October 23,2013 Grant C. Bain Director Planning and Development Department City of Kingston 216 Ontario Street Kingston, Ontario Canada K7L 2Z3 Dear Mr. Bain: REC E~VED OCT PlJ>.NNING & DEVELOPMENT DEPARTW-ENT CITY 0:= KINGSTON Please accept this letter as a written submission in relation to the attached Public Notice of a Complete Application dated October 16, We are writing to advise the City of Kingston to consider carefully the approval of the attached Zoning By-Law Amendment for the location of 655 Graceland Avenue since there is a request for a substantial number of residential lots immediately adjacent to the Canadian National Rail tracks. Given the recent context of deteriorating rail infrastructure and the increasing number of serious incidents involving railway transport, the City of Kingston is advised to consider the risk of approving the placement of residences next to rail tracks. We fully understand that such approvals were granted in the past, but the context is now different. Thus, approval could possibly mean that the City of Kingston is knowingly assuming liability in the event of an incident with rail transport. The City of Kingston has already witnessed such an event a few years back near the Via Rail train station on John Counter Boulevard. Sincerely, Kenton and Zdenka Ko 1097 Lincoln Drive Kingston, Ontario Canada K7M 4Z5 141

3 City of Kingston 216 Ontario Street Kingston, Ontario Canada K7L 2Z3 where history and innovation thrive Website: TTY: Dial PUBLIC NOTICE OF A COMPLETE APPLICATION Type of Application: City File No.: Location: Applicant: Owner:. Zoning By-LawAmendment D & D Graceland Avenue Ainley Group Engineers and Planners Ontario Ltd. An applications for a Zoning By-Law Amendment and Draft Plan of Subdivision have been submitted by Ainley Group of Engineers and Planners, on behalf of Ontario Ltd. The applicant is requesting permission to construct a residential subdivision consisting of 53 single detached dwelling lots, one park block, one walkway and one storm water management pond. The property is located on the north side of Bath Road and the CN Rail mainline, west of Bayridge Drive and fronting onto Graceland Avenue and Forest Hill Drive (see attached Key Map). The property has an area of approximately 5.5 hectares. The property is currently. designated 'Resident.ial' in the City of King:;;ton Official Plan and :wned Development '0' Zone in Zoning By-Law N o Additional information relating to the proposed Zoning By-Law Amendment and Draft Plan of Subdivision is now available for inspection between 8:30 a.m. and 4:30 p.m., Monday to Friday at the Office of the Director, Planning and Development at the Municipal Building, 1211 John Counter Boulevard, or enquiries may be made by telephoning Jason Budd, Senior Planner, ext A Public Meeting will be scheduled at a later date' and further Notice regarding the Public Meeting will be sent to all property owners within 120 metres of the subject property and to any person who has requested in writing to receive further notice; advertised in The Whig, andlor posted on the subjectproperty.... If a person or public body does not make oral submissions at a Public Meeting or make written submissions to the City of Kingston before the By-Law is passed, the person or public body is not entitled to appeal the decision of the City of King ston to the Ontario Municipal Bgard. If a person or public body does not make oral submissions at a Public Meeting or make written submissions to the City of Kingston before the By-Law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so.. Dated at Kingston, Ontario this 16th day of October, Grant C. Bain, Director Planning & Development Department

4 710 Planning & Development a department of Community Services PREPARED 8'(: I. Partridge DATE: as/ioilo I ) THE CORPORATION OF THE CITY OF KINGSTON KEY MAP Applicant: Ontario Ltd. File Number: / Address: 655 Graceland Avenue Legal Description: CON 2 PT LOT 4 RP Kingston Township. ARN: Legend Subject Lands SCALE o Meters 1:5, ',

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6 Grant C. Bain Director, Planning and Development, City of Kingston. 499 Forest Hill Dr. E. Kingston. 23 rd October, 2013 Cc Jason Budd Senior Planner, City of Kingston Cc Councillor Lisa Osanic City of Kingston. Re:- Zoning By-Law Amendment City File No. D & D Location: 655 Graceland Avenue OCT PUl.NNING & DEVELOPMf!NT DEPARTMEN'r CITY OF KINGSrON Dear Sir, This letter is a formal protest against the amendment of this By-Law. As long time property owners in this area we have several concerns regarding the proposed plan. They are as follow:- 1) Loss of property value. Value will diminish because the relatively secluded nature and privacy of the area will disappear. It will also diminish when comparing neighbouring property values in any evaluation process. The market value of the almost 20 homes proposed to be crammed on to the 40ft lots beside the railway will be greatly reduced by their immediate proximity to the railway tracks and the resulting noise. Apart from our personal financial concerns there are other important ethical concerns. In light of the 2 very recent tragic rail disasters in our country one might assume that any city would be extremely wary of approving any new building close to a railway. That the City of Kingston would even accept a proposal to build almost half a subdivision practically right on the tracks is incomprehensible. 2) Diminished quality of life. We will suffer the loss of a green belt, large trees, buffer to railway noise. There will be a loss of wild life -especially birds. There will be an increased volume of traffic with its concomitant air and noise pollution. Graceland Avenue will be the main access to this proposed development. The road now services 25 households. If this plan succeeds it will have to service 78 households. There will be issues of safety and congestion, 145

7 especially during any emergency and certainly during construction, which could possibly go on for some considerable time. The amendment of the By-Law in question will not lead to progressive development. This proposal is not driven by any desire to enhance Kingston - it is driven by greed, sheer unadulterated greed. Please note that we wish to be kept informed of any matter relating to this application for re-zoning. Sincerely, James Roberts, Agnes (Nancy) Roberts 146

8 Mr. Jason Budd, Senior Planner City of Kingston 1211 Jolm Counter Boulevard Kingston, ON K7L4X7 Delivered by Hand OCT PLANNING & DEVt:LtlPi,AENT DEPI RTI,.. 'D-iT CITY OF 1;IN3,s"j ON October 25, 2013 Dear Mr. Budd, Re: Zoning By-Law Amendment DI & DI We are writing to object to the proposed Zoning By-Law Amendment and Draft Plan of Subdivision contained in the Notice delivered to our home, dated 16 October Our house lies on the south side of Forest Hill Drive East, overlooking the area where a majority of the new homes are to be built. We are concerned with the loss of the green space between the rail tracks and the homes in the area; the loss of the flora and fauna, as well as the role it plays in noise remediation from both rail traffic and road traffic along Bath Road; the disruption associated with the development of the area and associated construction, both in terms in noise and in particulate matter; and the potential loss in the value of the properties in the neighbourhood. Moreover, although the draft plan appears to open Forest Hill Drive into the area to be developed, we remalll concerned that public safety is at risk. Canada has experienced several recent train disasters. Should an evacuation of the area be necessary, there would only be two channels through which egress might take place, and the route through Forest Hill Drive would be unlikely to be open given its proximity to the rail tracks. Tllis would place all of the pressure on Graceland Avenue to handle the flow and we believe public safety could be at risk. In addition, we do not know whether the existing water and sewer services can accommodate the proposed increase in residential units or whether the 147

9 new development will affect our ability to enjoy our property because of an increase in local air pollution. For these reasons we object to the Zoning By-Law Amendment and the Draft Plan of Subdivision and ask that you convey our objections to the relevant bodies. Sincerely, Susan E. Sephton Dr. Peter S. Sephton 148

10 Grant G. Brian, Director Planning and Development City of Kingston 216 Ontario Street Kingston, ON K7L 2Z3 22 October 2013 RECEoVED OCT PLANN!NG & DEI COPI\~ENT DEPART~:~~~T CITY O~ KI"ISSTON Dear Mr. Brian: We are writing this letter to oppose the development plan of 655 Graceland Avenue as per your public notice of a complete application, dated October 16, We purchased our home at 512 Forest Hill Drive East in July 2012, we searched through numerous homes and neighbourhoods before deciding to purchase. We have three young children and needed a neighbourhood that was safe, quiet, and a low traffic established area. It was obvious to us that the Forest Hill Dr East community had worked very hard to achieve and maintain all of the above. Now, with this proposal (Legal Description CON 2 PT LOT 4RP Kingston Township), everything we worked on in fmding in a home and our neighbours efforts on maintaining such a great place to live will be gone! We would not have spent our hard earned money on our home if we knew that Graceland would be built up with 53 "cookie cutter" new homes. After 15 months of living in our home, we now face the fact that the value of our home will decrease considerably due to this proposed development. Building an assembly line of homes on tiny lots will greatly reduce our neighbourhood's property values. We as a family cannot afford such a decline in our property value; it could considerably affect the future of our kids and our own lives as we get older and approach retirement. Another reason for purchasing our home in the Graceland area was the wide open spaces at the end of our road. We wanted our children to enjoy the quiet and treed environment of our neighbourhood when we go for walks down our street. As we pass by, we take in all of the beautiful birds and families of deer that live in that area at or around 655 Graceland. What is the applicant's intention for our neighbourhood wild life? Are they fmding them new homes for them or just bulldozing them out of their homes? Being that this area has been undeveloped, it now contains a large quantity of mature/beautiful trees and a wide range of wild animal life. I hope that you and the applicant will realize the importance of our natural environment before you decide to move forward, and it will be lost forever. 149

11 ... 2 We currently have a calm sense of safety for our children as traffic is only local, at times large games of ball hockey, tossing of frisbee's, and even just a game of catch is a common occurrence. It is a quiet street, cocooned by full-grown trees that block out traffic and the nearby railway. This is how we want it to stay. This will be lost with the go-ahead of the Graceland development. This proposed development would expose our family and neighbourhood's families to years of construction, an influx of service vehicles, workers, noise, and eventually resulting in yet more noise from increased higher traffic, busier neighbourhood intersections, and exposed railway noise. Who wants to live around that? I think it is very sad that development and money comes before the protection of our environment and keeping established quiet safe neighbourhoods just as they are. We believe that the city of Kingston is doing a great job in developing large areas around the city such as the new construction in the East, West, and Centre of the city resulting in over 700+ new homes. We strongly feel that this development is strictly for the lining of pockets and not to address any need of new affordable housing. Please reconsider with moving forward of the proposed development and say NO. That some things are worth saving. Please help us and save our neighbourhood.. -~. ~~, Michelle and dsalamone 512 Forest Hill Drive East Kingston, Ontario 150

12 October 29'" 2013 Dear Mr. Jason Budd, Re: Proposed development at 655 Graceland Avenue We"are residents "at 519 Forest Hill Drive East. We built the house inthe summer of Weare very surprised atthe notice of this development especially the size proposed. When we purchased the lot we were told by the Bayhill Developers thatthere would never be any development behind us and this land was set aside for a future park and hence the paved path that goes to the area from the middle of the street. Our concerns forthis "very large development are the following; 1) The land is "all on shallow bedrock of limestone. Damage will occur to our foundations and pools because blasting will be necessary.", 2) Environmental-there will be a major loss of wildlife habitat - which includes foxes,owls,hawks,toads,frogs,ground hogs,and many types of birds includingthe Northern Flicker and Orioles. We see many deer especially in the "spring and fall as they use this area and Lemoines Point as a migrating route. The area behind Forest Hill East is an important buffer zone for Lemoines Point and the subdivision. 3) We are concerned about our property values especially on the south side. Our houses are very attractive because of this Conservation area. If t his whole proposal goes through we would certainly expect a significant reduction in property taxes, We "are not against development inthisarea.we propose that it is modified in orderto address the concernsabove "and Ithink most residents would be satisfied. The modification we propose is that the development stops along the line of Lots 22 and 42. This would allow a large develop ment of 34 Houses. We would like to be kept informed of the progress of this project and hope you consider modifying the proposed plan to satisfy all parties concerned. Shaunand Wendy Wight PLAN NING & DEVELOF'lviENT DEPART1,lENT CITY OF I(INGSTON 151