City of Kingston Report to Planning Committee Report Number PC

To: From: Resource Staff: Date of Meeting: April 16, 2015 Subject: Executive Summary: City of Kingston Report to Planning Committee Report Number PC-15-040 Chair and Members of Planning Committee Lanie Hurdle, Commissioner, Community Services Paige Agnew, Director, Planning, Building & Licensing Services Comprehensive Report File number D14-093-2014 1122 John Counter Boulevard Application for Zoning By-Law Amendment Applicant: Fort Henry Investments Limited Agent: FoTenn Consultants Incorporated This is a comprehensive report to recommend approval to the Planning Committee regarding an application for a Zoning By-Law amendment, submitted by FoTenn Consultants Incorporated, on behalf of Fort Henry Investments Limited, for the property municipally known as 1122 John Counter Boulevard. The applicant is proposing the development of a Business Park and a Commercial development with a total of approximately ten (10) buildings and a Commercial site that includes a gas station, car wash and convenience store. The application is seeking site-specific zoning for a proposed development that would implement the current City of Kingston Official Plan designations for the property, which are Business Park Industrial and District Commercial. The lands are currently zoned Industrial M1 Zone in Zoning By-Law Number 8499, as amended. A Public Meeting regarding the proposed Zoning By-Law amendment was held on December 4, 2014. At the public meeting a petition and correspondence were received in opposition to the proposal. The identified concerns are addressed within this report. The application is consistent with the applicable policies of the Provincial Policy Statement and complies with the intent of the City of Kingston Official Plan. The requested Zoning By-Law amendment is not expected to create any significant impacts on the surrounding land uses and 502

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 2 of 22 the more detailed design considerations will be addressed through the future Site Plan Control process. No specific concerns were raised by external agencies or internal departments with respect to the Zoning By-Law Amendment application. Recommendation Whereas Council having considered the matter, hereby determines that the changes in the application as reflected in the amending Zoning By-Law as presented at the Public Meeting of December 4, 2014, are minor; and Whereas Section 34(17) of the Planning Act provides for Council to determine if further notice is required when a change is made in a proposed by-law after the holding of a Public Meeting; Therefore Be it Recommended That Council hereby determines that giving of further notice is not required for the Zoning By-Law amendment application for 1122 John Counter Boulevard, File Number D14-093-2014; and That the application for Zoning By-law amendment, File Number D14-093-2014, submitted by FoTenn Consultants Incorporated, on behalf of Fort Henry Investments Limited, for the property located at 1122 John Counter Boulevard, be approved; and That the City of Kingston Zoning By-Law Number 8499, as amended, be further amended as follows: By-Law Number 8499 of The Corporation of the City of Kingston, entitled Restricted Area (Zoning) By-Law of The Corporation of the City of Kingston, as amended, is hereby further amended as follows: 1.1. Map 8 of Schedule A, as amended, is hereby further amended by changing the zone symbol of the subject site from M1 Industrial Zone to Site-Specific M9.469-H and Site- Specific Arterial Commercial C2.471-H, as shown on Schedule A attached to and forming part of By-Law Number 2015-. 1.2. By Adding the following section 469 in Part VIII Exceptions To Various Zone Classifications as follows: 469.1122 John Counter Boulevard Notwithstanding the provisions of this By-Law to the contrary, the lands designated M9.469-H on Schedule A hereto, the following regulations shall apply and only the following uses shall be permitted: a) Permitted Uses are limited to: (i) Residential uses are prohibited (ii) Non-residential uses are limited to: 503

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 3 of 22 (a) Industrial or Business Uses: (i) (ii) corporate administrative offices; business and professional offices; (iii) commercial school; (iv) education centre; (iv) education facility; (vi) day care centre; (vii) data processing and related services (including call centres); (viii) film or recording studio; (ix) laboratory; (x) research and development facilities; (xi) Technologically advanced manufacturing, fabricating and assembling operations for the production high value products (non-noxious); and (xii) Office and business services, such as printing and equipment repair. (b) Commercial uses: (i) (ii) bank or financial institutions; clinic; (iii) retail stores; (iv) restaurants, and (v) personal service shop. b) Commercial uses shall be limited to a maximum of 25 percent of the built gross floor area. c) Maximum number of freestanding restaurants shall be two (2). d) Accessory uses: 504

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 4 of 22 (i) (ii) Accessory uses are permitted in accordance with the General Provisions unless otherwise specified; and A maximum of 25 percent of the total floor area for any single tenant or business may be used for the purposes of the display and retail sale of products manufactured, processed, fabricated or assembled on the premises. e) Open storage is prohibited. f) Minimum Front Yard Depth: 3 metres. g) Minimum Side Yard Depth: 3 metres. h) Landscaped Open Space: 3 metres along an arterial road. i) A loading zone shall be provided for each building. j) Parking: (i) (ii) No parking space shall be located closer than 10 metres from a residential zone; The required minimum parking ratio shall be 3.0 parking spaces per 100 square metres of gross floor area; (iii) The design standards of a regular parking stall shall be 2.6 metres wide by 5.2 metres long; and (iv) The design standards of a barrier free parking stall shall be 3.7 metres wide by 5.2 metres long. k) -H Holding Zone Provisions: (i) The H Holding provision applies to the following uses separately or in combination: (a) (b) (c) (d) Day care centre; Public use as per Section 5.1 (a), (b) and (c); Education centre; and Education facility. (ii) The H Holding provision may be removed for any one of the above listed uses or any combination of the above uses at such time as a 505

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 5 of 22 Phase 1 Environmental Site Assessment and any subsequent assessments as necessary, including a Record of Site Condition is prepared by a qualified person as defined by the City of Kingston and is completed to the satisfaction of the City of Kingston and adherence to all municipal and provincial requirements. (iii) The H Holding Zone provision will only be removed for the specified use(s) for which the Phase 1 Environmental Site Assessment and any subsequent assessments as necessary, including a Record of Site Condition is applicable. All other listed uses will remain subject to the holding provision. Separate assessment(s) and a record of Site Condition and associated clearances must be submitted for all subsequent requests to remove the holding provision to permit additional listed uses. 1.3. By Adding the following section 471 in Part VIII Exceptions To Various Zone Classifications as follows: 471.1122 John Counter Boulevard Notwithstanding the provisions of this By-Law to the contrary, the lands designated C2.471 on Schedule A hereto, the following regulations shall apply and only the following uses shall be permitted: a) Permitted uses are limited to: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) accessory building to any use permitted in the C2.384 zone; bank or financial institutions; car wash; clinic; dry cleaning and related services; gas station including a car wash; neighbourhood stores; personal service shop; restaurant, including a drive-through facility; and retail stores. b) Minimum Front Yard Depth: 3 metres 506

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 6 of 22 c) Minimum Side Yard Depth: 3 metres d) A loading zone shall be provided for each building. e) Parking (i) (ii) The required minimum parking ratio shall be 3.0 parking spaces per 100 square metres of gross floor area; The design standards of a regular parking stall shall be 2.6 metres wide by 5.2 metres long; and (iii) The design standards of a barrier free parking stall shall be 3.7 metres wide by 5.2 metres long. f) H Holding Zone Provisions: (i) The H Holding provision applies to the following use: Public use as per Section 5.1 (a), (b) and (c) (ii) The H Holding provision may be removed for the above listed use at such time as a Phase 1 Environmental Site Assessment and any subsequent assessments as necessary, including a Record of Site Condition is prepared by a qualified person as defined by the City of Kingston and is completed to the satisfaction of the City of Kingston and adherence to all municipal and provincial requirements; and That the By-Law be presented to City Council for all three readings. 507

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 7 of 22 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 508

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 8 of 22 Options/Discussion: On October 2, 2014, a Zoning By-Law amendment application was submitted by FoTenn Consultants Incorporated, on behalf of Fort Henry Investments Incorporated. The purpose of this application is to amend the existing Industrial M1 Zone to establish a site-specific Industrial M9 zone for a large portion of the lands and a site-specific Commercial C2 zone for a small portion of the site. The property is currently vacant. The proposed development is a Business Park with approximately eight (8) buildings and a commercial site with a gas station, a car wash and convenience store. The proposed Business Park and Commercial uses are not permitted in the existing M1 Industrial zone; therefore a zone change is required. The submitted Conceptual Site Plan (Exhibit B) includes approximately 400 surface parking spaces and areas of greenspace for the proposed Business Park. The concept plan submitted is conceptual to show how the site could be developed. The layout of future development may vary from what is conceptually shown at this time. In accordance with By-Law Number 2007-43, a pre-application meeting was conducted on July 21, 2014 by the Planning Division, with input from various departments and agencies. On October 2, 2014 the Zoning By-Law amendment application was deemed complete, in accordance with the Planning Act. Site Characteristics The subject site is approximately 9 hectares in size and is situated immediately southeast of the intersection of John Counter Boulevard and Leroy Grant Drive, in the Kingscourt neighbourhood (Exhibit A - Key Map and Aerial Photo). The property has frontage on John Counter Boulevard and Leroy Grant Drive, which are identified in the Official Plan as arterial roads. The subject property is designated Business Park Industrial and District Commercial in the Official Plan and is zoned Industrial M1 Zone in Zoning By-Law Number 8499, as amended. The rear yard of the subject property abuts the rear yard of a number of residential lots located on Wycliffe Crescent and Rockford Place. Application The applicant is proposing to develop the site in accordance with the Official Plan designations for the site, Business Park Industrial and District Commercial. Approximately eight (8) buildings are proposed for the Business Park, plus a Commercial site that includes a gas station, car wash and a convenience store. The applicant has requested to rezone the subject lands from the current M1 Industrial Zone to a site-specific M9 Industrial Zone and sitespecific Arterial Commercial C2 zone. In support of the application, the applicant has submitted a conceptual site plan (revised plan attached as Exhibit C) and the following reports: Servicing Brief A Servicing Brief prepared by Josselyn Engineering Inc., (September 30, 2014) was submitted in support of the application to assess the servicing requirements for the proposed development. The site has access to adequate water and sanitary servicing for the proposed development via John Counter Boulevard. With respect to stormwater management, a stormwater management report will be required as part of the future submission of a complete Site Plan Control application. 509

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 9 of 22 Planning Justification Report A Planning Justification Report was submitted in support of the application (FoTenn Consultants Incorporated, October 1, 2014). The Report includes a land use planning analysis of the proposed development with respect to the Provincial Policy statement (2014) and the Official Plan. The report concludes that the proposed Zoning By-Law amendment represents good land use planning. Stage 1 Archaeological Assessment A Stage 1 Archaeological Assessment (Abacus Archaeological Services, July 2014) was submitted in support of the application. Following a detailed review of the history of the subject lands, the Assessment recommends that no further archaeological work is required on the site and that it should be considered free of further concerns with respect to archaeological potential. The applicant has been informed that the City will require correspondence from the Ministry of Tourism Culture and Sport regarding the Assessment prior to the approval of the future Site Plan Control application and that the City s standard archaeological conditions regarding accidental discovery will be incorporated into the future Site Plan Control agreement. Environmental Site Assessment (ESA) An ESA (Ecological Services Inc., September 2, 2014) was submitted in support of the application. The ESA advises that with less than 60 percent tree cover, the wooded area on the site does not meet the coverage requirements of a woodland designation. Overall, the ESA concludes that the lands are not considered to have high ecological value due to the small size, invasive species and disturbance. Acoustical Review Letter Jade Acoustics completed an Acoustical Review Letter (September 2, 2014) as a supporting document for the application submission. The proposed uses are not considered acoustically significant, with the exception of the proposed car wash. Any future Site Plan Control applications will require a detailed Noise Study. Tree Inventory A Tree Inventory was prepared for this application by ArbreCare. Future development will require a Tree Preservation Plan and a Landscape Plan as part of the Site Plan Control process. The applicant is requesting to rezone the property from the existing M1 zoning to a sitespecific M9 Industrial zone and a site-specific Arterial Commercial C2 zone to implement the Official Plan designation for the lands. The proposed site-specific M9 industrial zone incorporates relief from the following provisions: permitted uses, minimum front yard setback, minimum exterior side yard setback, minimum interior side yard setback, width of landscaped open space along an arterial road and parking requirements and design standards. The proposed site-specific C2 zone incorporates relief from the following provisions: permitted uses, minimum front yard setback, minimum side yard setback and parking design standards. 510

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 10 of 22 Existing Policy/By-Law: Provincial Policy Statement The Provincial Policy Statement (2014) provides policy direction on matters of provincial interest related to land use planning and development that are complemented by local policies addressing local interests. The application being considered is site-specific to accommodate a specific proposal and does not involve any major policy issues. The proposal is consistent with the Provincial Policy Statement with respect to the following: Assisting the City in promoting economic development and competitiveness by providing an appropriate mix and range of employment and institutional uses to meet long-term needs. The John Counter Boulevard area has been the location of an increased office use presence, contributing to a greater mix from the former dominance of general industrial uses. The proposed development will further contribute to the trend of a more diversified range of employment uses in the area. The proposed development of the District Commercial portion of the site will serve commuters and nearby residents. Assisting the City in promoting economic development and competitiveness by providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses. The proposed development offers further opportunities for employment lands development. Assisting the City in promoting economic development and competitiveness by encouraging compact, mixed use development that incorporates compatible employment uses to support liveable, resilient communities. The proposed development incorporates a compact form on the 9 hectare site and is a mixed-use proposal, comprised of both Business Park uses and Commercial uses. The design incorporates elements that strive to achieve a more pleasant and engaging experience for the future employees, visitors and customers of the site, when compared to more traditional Business Park designs. Assisting the City in promoting economic development and competitiveness by ensuring the necessary infrastructure is provided to support current and projected needs. The water, sanitary and road servicing along John Counter Boulevard was recently upgraded. The road was widened to two lanes in each direction, which is supportive of a mixed-use Business Park/Commercial development of this scale. Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved (Section 2.6.2). A Stage 1 Archaeological Assessment was submitted as a supporting study for the subject 511

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 11 of 22 application. The assessment recommends no further work and the applicant will be required to provide the correspondence from the Ministry of Tourism Culture and Sport prior to the issuance of the future Site Plan Control application. Official Plan The City of Kingston Official Plan provides policy direction that guides development within the city. The subject site is designated Business Park Industrial and District Commercial in the City of Kingston Official Plan (Exhibit C - Official Plan Map). The permitted uses within the Business Park Industrial designation are corporate administrative offices; government offices; research and development facilities, data processing facilities; technologically advanced manufacturing, fabricating and assembling operations for the production of high value products; and administrative, professional and technical services, such as engineering and surveying firms. The designation also includes the following complementary uses: office and business services, such as printing and equipment repair, which are intended to service the Business Park Industrial area; day care facilities; restaurants, financial institutions, personal services and convenience commercial uses; public and private parks and recreation facilities; parking lots and structures; and sources of renewable energy, subject to the policies of Section 6.2 of the Official Plan. The permitted uses in the District Commercial designation include a range of frequently used services and products, including food, at a scale that is suitable to serve the surrounding neighbourhoods within the City. The proposal is consistent with the Official Plan and therefore an amendment is not required. The criteria for the development of a Business Park Industrial area are found under Section 3.6.A.5 as follows: a. New development must enhance the character of its surrounding area through appropriate site arrangement and high quality architecture and landscaping; b. Building facades must incorporate a mix of building materials and details to provide architectural interest on facades that are visible from public roads; c. Less architecturally interesting facades of buildings must be substantially set back and screened from public view by dense landscaping as an alternative to providing architectural detail; d. Where function necessitates a basic, box-like building form, exterior design, such as a change in colour, material or plane, must be introduced on exterior facades that are visible from public streets; e. The colour of exterior facades will be in keeping with surrounding industrial buildings, and bright, contrasting colours will only be used for trims and accents; and f. A high quality of landscaping must be used to enhance the overall aesthetic of the site, as well as to define the property boundaries and main entrance of the building. The proposed site arrangement and scale of the buildings provide a framework for the above policies to be applied at a more detailed design stage of the proposed development. The above policies relate to architectural design and landscaping and will be addressed through Site Plan Control. 512

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 12 of 22 Section 3.6.11 limits the retail sales and display areas within employment lands to 25 percent of the total floor area. The recommended Zoning By-Law amendment incorporates a provision to ensure consistency with this policy. Section 3.4.D provides the policy framework for the District Commercial designation. The approximate configuration of the District Commercial designation has been carried forward into the current Official Plan from the former City of Kingston Official Plan. Through review of the existing proposal and the requested land uses, staff have interpreted the area of the designation to be approximately 2 hectares. Although 2 hectares is less than the general range of 5 to 12 hectares recommended in the current Official Plan, 2 hectares will enable the applicant to have the range of uses (frequently used goods and services) set out in the District Commercial designation. Section 3.4.D.6 of the Official Plan calls for the implementing Zoning By-Law to possibly limit the component uses to a floor area and scale that is in keeping with the local service needs of the area. This policy is addressed through the site-specific provisions recommended for the Commercial portion of the site. Section 3.4.G addresses automotive uses within a Commercial designation, including car washes and gas stations. The proposed development includes a car wash and a gas station as a permitted use in the Commercial portion of the site. A development that includes automotive uses in a Commercial designation is subject to the following criteria: a. Gas bars, service stations, car washes, and many specialty repair uses are generally considered Commercial uses. Machine shops, autobody repair and towing compounds and other uses are considered to be industrial in nature and may have adverse effects on neighbouring land uses; The recommended Zoning amendment does not permit any automotive-related uses, other than a car wash and gas station. b. Gas bars and service stations are encouraged to locate on corner lots; The site of the proposed car wash and gas station is at the northwest corner of the site, at the intersection of two arterial roads. c. Gas bars are permitted to locate with convenience commercial uses on sites that can adequately accommodate both uses, but may not be permitted as neighbourhood commercial uses under Section 3.4.F of this Plan; The size of the District Commercial designation is suitable to accommodate both uses. d. No outdoor storage of goods, materials, parts, derelict vehicles or parts thereof, is permitted in conjunction with automobile and vehicle service uses; Machine shops and auto body repair are not permitted uses in the recommended zoning amendment, and the proposed development will not include outdoor storage of goods, materials or parts. The proposed development includes a drive-through as a permitted use. Within a Commercial designation, drive-through facilities are guided by Section 3.4.G.7. The 513

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 13 of 22 policy speaks to detailed regulations being included in the implementing Zoning By-Law and that they are subject to Site Plan Control, with a focus on considerations such as land use compatibility, parking, signage, landscaping and impacts on the streetscape and the pedestrian and vehicle environments. The revised conceptual site plan provides assurance that the aforementioned considerations can be addressed in a satisfactory manner through the future Site Plan Control application. Section 2 of the Official Plan provides the long-term strategic policy direction for the municipality, setting out key policy direction on growth, strategic structural components and fundamental planning principles. As per Section 2, the subject lands are located in a Business District. The following are a flexible set of standards for development in Business Districts that allow for flexibility to respond to new types of employment uses: a. Areas of interface with sensitive uses are addressed so that there is no adverse effect on the sensitive use or to the proposed employment use(s); The most sensitive use near the property is the abutting residential neighbourhood to the south, which is situated at a higher elevation than the majority of the subject site. The proposed Business Park, commercial site and the overall development concept have been evaluated through a Noise Feasibility Brief submitted with the application. The recommended zoning amendment excludes auto repair uses from the site-specific C2 zone. The proposed parking has been moved further away from the abutting residential uses, leaving a buffer of the existing Hydro easement corridor. The proposed zoning by-law amendment requires that no parking will be located closer than 10 metres from a residential zone. The proposed development will require a detailed Noise Study as part of the future Site Plan Control application. b. An upgraded visual appearance is maintained at gateways, along major roads and the interface with any Centre, Corridor or Housing District; The proposed development is adjacent to the intersection of two arterial roads. The siting of the proposed buildings on the conceptual site plan is partly a function of the location of the existing entrances on the two roads. Architectural and landscaping details will be addressed through Site Plan Control. c. Uses which may involve noise or odour are sufficiently separated, buffered, or screened in accordance with the Ministry of Environment Guidelines (D-1 and D-6); The office uses will not involve significant noise or odour and the automotive uses for the Commercial portion are recommended to be restricted to a car wash and gas station. The development will be subject to a detailed Noise Study through Site Plan Control. The applicant has revised the conceptual site plan such that the parking is located north of the hydro easement corridor. This will ensure a separation between any parking area and the abutting residential neighbourhood. This will ensure a separation between any parking area and the abutting residential neighbourhood. d. Uses which generate large amounts of traffic or have intensive on-site operations are located in areas that are able to accommodate, or can be improved to accommodate, 514

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 14 of 22 such activity levels without adverse effects on the planned transportation system, the nearby Housing Districts, Centres or Corridors; John Counter Boulevard has recently been widened. The site is at the intersection of two arterial roads and the proposed development includes an internal road network to provide efficient circulation through the site that is not expected to spill over and cause negative impacts on the public road network. e. Regional Commercial uses, institutions, recreation or hospitality uses will be restricted to limited locations that will not undermine the Business Park, industrial or technological uses intended as the focus of Business Districts; The proposed complimentary uses within the Business Park have been restricted in the recommended Zoning amendment to maintain an appropriate ratio. The Commercial portion of the site is proportionally of a scale that is expected to serve and not hinder the proposed Business Park. Section 2.7 deals with Land Use Compatibility, including potential adverse effects, mitigation of adverse effects and functional land use. The following is a set of adverse effects found under Section 2.7.3 and a response as to their applicability to the proposed development: a. Shadowing; and b. Loss of privacy due to intrusive overlook; The proposed development is at a lower elevation than the abutting residential neighbourhood and the buildings will be relatively low in profile, therefore adverse effects due to shadowing or lack of privacy from the form of development is not expected. c. Increased levels of noise, odour, dust or vibration and d. Increased and uncomfortable wind speed; The proposed development includes uses that tend to produce activity levels that do not generate significant noise, odour, dust or vibration. The proposed development was subject to a Noise Feasibility Brief for the purpose of the proposed Zoning amendment and a detailed Noise Study will be required as part of a complete application for Site Plan Control. e. Increased level of traffic that can disrupt the intended function or amenity of a use or area; The Engineering Department determined that a Traffic Impact Study was not a requirement of the subject application. The recent improvements to John Counter Boulevard and site design are expected to address the traffic demands of the site. The site has access points along both arterial roads that have already been partially constructed. f. Environmental damage or degradation; The applicant has submitted an Environmental Site Assessment that concludes that the site does not possess high ecological value and is occupied by invasive species. The proposed development of a mixed use Business Park and the Commercial corner on 515

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 15 of 22 this property is consistent with what is intended by the Official Plan and is expected to have less impact than a general industrial use that corresponds to the site s current M1 zone. The future Site Plan Control application will address stormwater management to ensure quality and quantity controls are implemented to the satisfaction of the City and the CRCA. g. Diminished service levels because social or physical infrastructure necessary to support a use or area are overloaded; The recent upgrades to the John Counter Boulevard right of way including servicing upgrades will adequately service the proposed development. h. Reduction in the ability to enjoy a property, or the normal amenity associated with it, including safety and access, outdoor areas, historic quality or setting; The proposed development implements the policy framework for the site intended through the policies of the Official Plan. The conceptual site plan provides a site arrangement that provides amenity and connectivity to its surroundings and the development will include land conveyance for public park space. i. Visual intrusion that disrupts the streetscape, building, or cultural heritage resources j) architectural incompatibility in terms of scale, style, massing and colour and k) the loss or impairment of significant views of cultural heritage resources and natural features and areas to residents; There are no cultural heritage resources in the vicinity of the subject site. The ESA provided with the subject application has confirmed that the development of the site will not result in the loss of any natural heritage resources of significant value and architectural details will be addressed through the future Site Plan Control application. Section 2.7.6 includes a number of mitigation measures to ensure adverse effects of new development on existing uses are minimized or eliminated. The proposed development has incorporated the specified mitigation measures of Section 2.7.6 as follows: a. Ensuring adequate setbacks and minimum yard requirements; The proposed setbacks contribute to a streetwall definition, particularly along John Counter Boulevard. b. Establishing appropriate transition in building heights, coverage, and massing; With the difference in grade with the abutting residential neighbourhood located at a higher elevation, a transition in building heights is not of concern for this development. The massing of the development and building footprints are located as far away from the adjacent neighbourhood as possible. c. Requiring fencing, walls, or berming to create a visual screen; Fencing and landscaping will be required to provide a visual screen along the southerly property boundary. This will be a reviewed in detail through the future Site Plan Control application. 516

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 16 of 22 d. Designing the building in a way that minimizes adverse effects; The size and format of the buildings in a Business Park generally do not create significant adverse effects. The location of the proposed buildings shown on the conceptual site plan further reinforces this. e. Maintaining mature vegetation and/or additional new landscaping requirements; The future Site Plan Control application will require a Tree Preservation Plan and a Landscape Plan. f. Controlling access locations, driveways, service areas and activity areas; The site access points and designs have been predetermined through the recent upgrades to John Counter Boulevard. g. Regulating location, treatment and size of accessory uses and structures, lighting, parking areas, garbage storage facilities and signage; These considerations will be addressed through the future Site Plan Control process to ensure that the development is consistent with the City s Site Plan Control Guidelines. Section 2.7.7 provides further considerations for compatibility with the functional needs of the occupants, specifying that only development proposals that meet the long-term needs of the intended users or occupants will be supported. As per the criteria in the policy, the proposed development has addressed the functional needs of occupants or users in the following ways: a. Suitable scale, massing and density in relation to existing built fabric; There is a diverse range of buildings along John Counter Boulevard in terms of scale and massing. The proposed buildings contribute to a desirable street wall along John Counter Boulevard and are responsive to the abutting neighbourhood to the south by siting the buildings closer to John Counter Boulevard. b. Appropriate landscaping that meets or improves the characteristic green space amenity of the site and surroundings and enhances the City s tree planting program; The conceptual site plan includes opportunities and potential to ensure that this site contributes to the area through enhanced green space amenity areas. The proponent will be required to submit a Tree Preservation plan and Landscape Plan as a required part of the future Site Plan Control application to ensure that the site is developed to City standards. In accordance with the Parkland Dedication By-Law, a portion of the site is to be conveyed for the development of a public park. c. Adequate land area and appropriate site configuration or provision for land assembly, as required; The site is of a suitable size for the proposed development and the proposed concept plan provides for an orderly arrangement of uses d. Efficient use of municipal services, including transit; Both John Counter Boulevard and Leroy Grant Drive are arterial roads with existing transit service and bus stops that abut the lands. The site is in proximity to a public 517

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 17 of 22 transit transfer station, located across the street, on the south side of John Counter Boulevard. e. Appropriate infill of vacant or under-utilized land; The site is underutilized and the proposed development will allow for appropriate and desirable infill in an established employment area f. The development includes clearly defined and safe: Site access The site incorporates access points and internal circulation to allow for the orderly circulation of traffic to and from the site. Pedestrian access to the building and parking spaces It is the intent that sidewalks will be provided to all buildings and parking areas and the future Site Plan Control application will be assessed to ensure that pedestrian circulation is functional and appropriate. Amenity areas and play space The conceptual site plan indicates the intent to provide attractive outdoor spaces for the employees and visitors of the site. A portion of the site is to be conveyed for a public park. Building entry The conceptual site plan indicates that building entries will be sited close to parking with access from sidewalks. Parking and bicycle facilities The concept plan provides parking areas for each building and a larger lot at the rear of the site, north of the existing hydro easement corridor. Section 6.1 of the Official Plan addresses the City s Natural Heritage System. As per Schedule 8A, the site is the location of a contributory woodland. The City encourages the conservation of significant and contributory woodlands through Policy 6.1.21. A Tree Inventory Study was submitted in support of the proposed Zoning By-Law Amendment and a Tree Preservation Plan will be a requirement of the future Site Plan Control application. The applicant also submitted an Environmental Site Assessment, prepared by Ecological Services that concluded through onsite inspection that the tree coverage does not meet the threshold for a woodland classification. From an Urban Design perspective, the proposed development is also consistent with Section 8 (Urban Design). Of particular consideration for the proposed development is Section 8.8, which deals with development projects involving multiple buildings. Many of the criteria of this section relate to Site Plan Control, however the submitted conceptual site plan for the proposed Zoning By-Law amendment demonstrates at a conceptual level that the design has successfully integrates with the existing transportation network in a manner that provides connectivity and amenity. 518

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 18 of 22 Zoning By-Law The property is currently zoned M1 Industrial zone (Exhibit D Existing Zoning), and the applicant is proposing a site-specific Zoning amendment to site-specific M9 and C2 zones that would implement the Official Plan policy framework for the site. The permitted uses in the existing M1 zone are related to a general industrial framework, such as warehousing and manufacturing. The proposed M9 zone is an appropriate choice for a Business Park development. The existing Alcan Business Park to the west has site-specific M9 zoning. The proposed development requires relief from the M9 zone for permitted uses, minimum front yard setback, minimum exterior side yard setback, minimum interior side yard setback, width of landscaped open space along an arterial road and parking requirements and design standards. The proposed site-specific C2 zone incorporates relief from the following provisions: permitted uses, minimum front yard setback, minimum side yard setback and parking design standards. Site Plan Control In accordance with the Site Plan Control By-Law 2010-217, the proposed development is subject to Site Plan Control. Parkland Dedication By-Law Number 2013-107 establishes parkland dedication requirements for developments in the City of Kingston, in accordance with the Planning Act. The applicant has acknowledged the City s request for land dedication for this development. The location and conveyance of parkland will be completed through the future Site Plan Control process. Discussion The range of uses included in the recommended site-specific M9 zone for the proposed Business Park is consistent with the range of uses approved through recent Business Park developments in other parts of the municipality and is consistent with the Business Park designation of the Official Plan. With respect to parking, the ratio recommended in this report and in the attached Zoning By- Law amendment is 3 parking spaces per 100 square metres of floor area for both site-specific zones. The existing parking ratios for an industrial uses is 1 parking space per 100 square metres and 1 parking space per 18.5 square metres of gross leasable area for a use under the Arterial Commercial C2 zone. The proposed parking ratio provides an appropriate balance between the two ratios and should ensure that the development is adequately serviced with respect to vehicular parking, while also being consistent with Section 3.6.14e of the Official Plan, Development Criteria for areas of employment. This ratio will help to facilitate and implement more pedestrian friendly connections between buildings and parking spaces and opportunities for a greater presence of landscaping within the development. As previously discussed in this report, staff support the applicant s request for relief from the minimum front yard depth from 15 metres to 3 metres and relief in the minimum exterior side yard from 9 metres and 10 metres to 3 metres. The buildings will front onto John Counter Blvd. and Leroy Grant Drive and will be set back a minimal distance to provide a streetwall condition. Access is provided in two locations: the main being from John Counter Boulevard on 519

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 19 of 22 the extended Rigney Street and a secondary access from Leroy Grant Drive. Proposed landscaping and green space will be addressed in detail through the Site Plan Control process to ensure an improvement to the appearance and amenity of the site. The concept plan demonstrates a coordinated development that integrates with existing roads and provides interior and exterior connectivity and amenity. As will be further defined through the site plan control process, each building will have parking, access from a sidewalk, frontage onto an interior or exterior roadway, and close access to a large outdoor amenity space. The recommended site-specific M9 zone includes a holding provision for some of the sensitive uses, such as a day care centre. The requirement for the removal of the Holding Provision is the preparation of a Phase I Environmental Site Assessment and Record of Site Condition by a qualified person to the satisfaction of the City and the Province. The recommended site-specific M9 zone includes a provision that requires both parking and structures to meet the minimum rear yard depth of 10 metres in the parent M9 zone. This provides a buffer for the abutting residential development. The future Site Plan Control application will include the requirement of a Detailed Noise Study and will be reviewed to ensure zoning compliance as well as consistency with the City s Site Plan Control Guidelines. The existence of the hydro infrastructure and associated easement, as depicted on the revised Conceptual Site Plan will likely further restrict development beyond the minimum specified in the recommendation. The proposed reduction in the parking stall width and length is supported by staff. Much research has been undertaken in several municipalities regarding the size of a parking space to reevaluate existing regulations and to identify emerging trends. Considering the practice of other Cities and development of parking dimensions based on the empirical assessment the proposed size is appropriate for the subject property. The applicant has acknowledged the request for land dedication to satisfy the parkland dedication requirements for the proposed development. The location and the actual conveyance of the land will be addressed through Site Plan Control. The development of a portion of this underutilized site into a public park to service the area will provide a positive contribution to the area for employees, visitors and residents. The proposed drive-throughs will be required to be consistent with Section 3.4.G.7 of the Official Plan and to comply with the provisions of Section 5.34 of Zoning By-Law Number 8499 with respect to a drive-through use. Other Technical Comments A number of departments and agencies have indicated no objections to the application, while technical comments relate to the Site Plan application and will be addressed through the future site plan process. 520

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 20 of 22 Public Comments The Public Meeting was held on December 4, 2014. Two pieces of correspondence have been received relating to this application, as well as a petition that was presented to City Council on December 16, 2014 (Exhibit E). The following is a list of concerns raised through the submitted written correspondence and petition, as well as verbal comments submitted at the December 4, 2014 Public Meeting. In summary, comments that were received indicated that the proposed development would have a negative impact on the adjacent residential neighbourhood with respect to: noise, odour, privacy, air quality, safety, environmental quality, light pollution and loss of green space. The petition specifically requested an increase in the separation distance of the proposed development (including parking) from the abutting residential properties and the implementation of a sound barrier. As discussed earlier in this report, the proposed development is consistent with the Land Use Compatibility criteria of Section 2.7 of the Official Plan. The proposed development implements the approved land use policy framework for the subject lands. The proposed amendment strives to achieve a use that is more compatible with the abutting residential neighbourhood than that of the existing general industrial zoning. The recommended Zoning amendment incorporates a minimum rear yard setback for buildings and parking to provide an increased buffer in this regard. Landscaping and fencing will be addressed through the Site Plan application, and this process will also involve a detailed Noise Study that may include noise mitigation measures to ensure that the proposed development meets Provincial requirements as it relates to avoiding negative impacts on abutting sensitive uses. The Site Plan Control application will be reviewed to ensure consistency with the City s Site Plan Control guidelines. The Site Plan application and Building Permit application will be reviewed to ensure that lighting does not spill over onto neighbouring properties. A Grading and Servicing Plan will also be required as part of a complete Site Plan Control application, to ensure that the proposed grades are suitable with respect to the site and its surroundings. Construction activity for the proposed development will be required to comply with the City s Noise By-Law. The green space referred to in the comments is actually private property that is subject to a hydro easement. The development of the site will include the conveyance of public park space that will offer a formal parkland amenity to the neighbourhood. In conclusion, staff recommend approval of the application for Zoning By-law amendment for the property located at 1122 John Counter Boulevard. The proposed development is consistent with the Provincial Policy Statement (2014) and the general intent of the Official Plan. The proposed Business Park and Commercial site and accompanying zoning provisions will result in good land use planning by implementing the policy framework for the site, with the mitigation of potential adverse effects and the addition of public parkland as a key benefit to the wider area. Notice Provisions: Pursuant to the requirements of the Planning Act, a notice of the statutory Public Meeting was provided by advertisement in the form of a sign posted on the subject site 20 days in advance of the Public Meeting. A Notice of Public Meeting regarding this application was also sent by first class mail to all property owners within 120 metres of the subject property. There were approximately 190 property owners notified by mail. In addition, a courtesy notice was 521

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 21 of 22 published in The Kingston Whig-Standard. Two pieces of correspondence and a petition were received in advance of the Public Meeting. At the time of the writing of this report, no additional correspondence has been received. Should the application be approved, a Notice of Passing will be circulated in accordance with the Planning Act. Policies 2014 Provincial Policy Statement City of Kingston Official Plan Zoning By-Law Number 8499 Parkland Dedication By-Law Number 2013-107 Noise By-Law Accessibility Considerations: Not applicable Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning, Building & Licensing Services 613-546-4291 extension 3252 Julie Salter-Keane, Manager, Development Approvals, 613-546-4291 extension 1163 Lindsay Lambert, Senior Planner, Development Approvals, 613-546-4291 extension 2176 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 were addressed in the technical review and included in the comprehensive report. 522

Report to Planning Committee Report Number: PC-15-040 April 16, 2015 Page 22 of 22 Exhibits Attached: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Key Map and Aerial Photo of the subject lands; Conceptual Site plan Existing Official Plan designation Existing Zoning Correspondence and Petition; and Proposed Zoning By-Law and Map 523

DETAIL 159 141 160 DALTON AVE KEY MAP SIR JOHN A. MACDONALD BLVD HWY 401 JOHN COUNTER BLVD HWY 401 BENSON ST 1162 ELLIOTT AVE Exhibit 1166 A1 CONACHER DR 1090 1044 1165 1155 Subject Lands 1153 FIRSTCANADA AVE MONTREAL ST 1141 417 JOHN COUNTER BLVD 26 61 LAPPAN'S LANE 1 120 L A PP A N 'S L A NE LANE LAPPAN'S 1209 107 1183 95 1181 91 85 30 60 1211 HYPERION CRT 40 1177 LEROY GRANT DR ELLIOTT AVE JOHN COUNTER BLVD DOUGLAS AVE DOUGLAS AVE PORTSMOUTH AVE 60 PRINC ESS ST 40 RIGNEY ST 1093 1175 1121 10931093 1093 1149 1122 WYCLIFFECRES ROCKFORD PL VICTORIA ST KINGSCOURT AVE ALFRED ST DERBY GATE CRES ELLIOTT AVE DIVISION ST 1040 LYONS ST RAILWAY ST WELLER AV DIVISION ST 1087 1075 375 55 371 365 31 954 20 10 1 105 119 113 125 127 106 131 120 112 98 137 153 94 141 149 92 90 25 24 20 19 14 1 2 11 9 15 8 64 2 5 3 6 10 14 2 1 5 18 22 9 11 15 19 94 87 86 81 73 80 74 18 22 14 37 65 61 57 10 6 19 25 29 53 49 4 75 443 39 35 33 44 40 36 8 48 47 1059 43 39 35 57 51 19 15 119 7 445 1041 41 34 35 1033 441 431 423 415 75 480 460 440 416 71 67 65 61 57 55 51 47 45 31 42 41 37 27 33 29 28 24 29 25 23 19 17 15 11 12 7 8 5 4 3 950 20 18 14 10 916 912 35 400 858 908 E 410 364 26 23 24 22 981 959 951 947 941 939 935 933 927 923 919 917 913 911 907 903 901 897 900 893 887 840 877 873 871 DIVISION ST 830 25 26 23 824 17 818 18 15 814 11 14 810 THE COR POR AT ION O F T HE C IT Y O F KIN G STO N KEY MAP Applicant: Fort Henry Investments Inc. SCALE File Number: D14-093-2014 Planning, Building & Licensing Services Address: 1122 John Counter Blvd a department of Legal Description: CON 2 PT 22 23 RP 13R13163; 1:6,000 Community PARTS 1 2 3 4 Services ARN: 1011050140144000000 524 PREPARED BY: J. Partridge DATE: 10/24/2014 Legend Subject Lands 0 20 40 80 120 160 Meters Disclaimer: This document is subject to copyright and may only be used for your personal, non -com m ercial u se p rovided you keep intact th e co pyrigh t notice. The City of K in gston assu m es n o responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or relian ce on, the inform ation contain ed in this d ocum en t. T he City of King ston d oes n ot m ake 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. 201 3 Th e C orporatio n of th e City of Kingston.

196 169 159 141 LAPPAN'S LANE 160 26 61 1 120 60 L A PP A N 'S L A NE 1209 107 1183 85 HYPERION CRT 40 L E R O Y G R A N T D R ADLEY PL B R A N T A V E 130 60 120 D A L T O N A V E R I G N E Y S T 55 J O H N C O U N T E R B L V D # C 312 1185 Exhibit A2 294 88 86 60 1188 286 300 1166 1165 1044 1162 1040 E L L I O T T A V E K I R K P A T R I C K S T L Y O N S S T 1090 D I V I S I O N S T 1155 1153 1141 SOCCER LANE 417 23 1 WELLER 95 # 2 91 1211 31 20 10 40 37 26 7 3 1181 15 22 19 30 12 6 2 15 6 1033 25 26 16 1093 1175 1121 981 10 31 32 # 1 # 2 # 6 9 1177 1149 1059 8 5 37 38 42 1 1122 954 1075 371 AVE D I VI S IO NS T 950 935 47 927 44 923 40 39 28 919 35 24 917 20 14 916 912 28 60 908 911 20 11 897 7 900 98 10 7 8 92 4 3 120 119 D A Y S T 111 107 103 99 93 87 74 480 460 440 871 71 416 68 60 65 400 865 45 41 37 314 57 858 32 33 29 50 47 35 845 2021 610 18 42 31 2 37 1 830 66 5 9 15 29 26 23 25 824 817 17 18 818 15 11 14 814 62 810 205 145 89 8 7 804 22 795 797 94 32 90 198 20 86 85 334 29 779 47 39 31 19 326 3 25 780 773 16 2 7 42 30 22 312 31 3 1 771 765 13 310 309 759 57 760 755 4 53 304 301 45 2 9 97 717 3 41 290 285 33 101 705 29 282 98 24 1 18 21 274 269 93 92 266 267 718 85 4 11 257 303 H A R V E Y S T Planning, Building & Licensing Services a department of Community Services PREPARED BY: J. Partridge DATE: 10/24/2014 THE COR POR AT ION O F T HE C IT Y O F KIN G STO N Legend Aerial Imagery (2013) Subject Lands Applicant: Fort Henry Investments Inc. File Number: D14-093-2014 0 45 90 180 270 360 Address: 1122 John Counter Blvd Meters Legal Description: CON 2 PT 22 23 RP 13R13163; 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 -commercial use provided you keep intact the copyright notice. The City of Kingston assumes no PARTS 1 2 3 4 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 relian ce on, the inform ation contain ed in this d ocum en t. T he City of King ston d oes n ot m ake any representation or warranty, express or implied, concerning the accuracy, quality, or reliability ARN: 1011050140144000000 525 of th e u se o f th e inform ation con tain ed in this docu m en t. 201 4 Th e C orporatio n of th e City of Kingston.

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LEROY GRANT DR BRANT AVE KINGSCOURT AVE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! LYONS ST! THERESA CRES DIVISION ST DAY ST LAPPANS LANE!!!!!!!!!!! SUBJECT LANDS: 1122 John Counter Blvd Current Designation: Business Park Industrial/District Commercial!!!!! Exhibit C FIRST CANADA CRT! SOCCER LANE L A PP A N S L A NE RIGNEY ST!! DIVISION PL WELLER PL AB BE Y GLEN DR WELLER AVE POWLEY GARDEN!!! DR JOHN COUNTER BLVD HYPERION CRT WYCLIFFE CRES ROCKFORD PL DERBY GATE CRES ELLI OTT AVE DOUGLAS AVE ELLIOTT AVE ELLIOTT AVE ADLEY PL LYONS ST GROOM ST DAY ST DAY ST KIRKPATRICK ST RUSKIN ST LEGEND RESIDENTIAL CENTRAL BUSINESS DISTRICT AGRICULTURAL LAND ENVIRONMENTAL PROTECTION AREA ESTATE RESIDENTIAL REGIONAL COMMERCIAL RURAL COMMERCIAL EPA SUBMERGED VEGETATION BUSINESS PARK INDUSTRIAL MAIN STREET COMMERCIAL RURAL INDUSTRIAL HAMLET!!!!!!!!! GENERAL INDUSTRIAL DISTRICT COMMERCIAL INSTITUTION!!!!!!!!!!! HARBOUR AREA; WATER AREA WASTE MANAGEMENT INDUSTRIAL ARTERIAL COMMERCIAL DEFERRED AREA MINERAL RESOURCE AIRPORT RURAL OPEN SPACE SECONDARY PLAN AREA THE COR POR AT ION O F T HE C IT Y O F KIN G STO N Official Plan for the City of Kingston Schedule 3-A, Existing Land Use Applicant: Fort Henry Investments Inc. Planning, Building File Number: D14-093-2014 & Licensing Services Address: 1122 John Counter Blvd a department of Legal Description: CON 2 PT 22 23 RP 13R13163; Community PARTS 1 2 3 4 Services ARN: 1011050140144000000 PREPARED BY: J. Partridge DATE: 3/24/2015 527 SCALE 0 40 80 160 240 320 Meters 1:8,000 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 responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warran ty, express or im plied, concern in g the accuracy, qu ality, or reliability of th e u se o f th e inform ation con tained in this docu m ent. 201 4 Th e C orporatio n of th e City of Kingston.

M.267 M EPA 140 C2.342A 61 1185 EPA 69 45 C2.79 A8 Exhibit 1201 D 312 C2 B1 M 1165 300 1166 EPA C2 130 C2.187 1185 294 120 88 86 C2.79 286 169 159 141 M.298 1162 196 1153 SUBJECT LANDS 1122 John Counter Blvd Zoning By-Law: 8499 Current Zone: M1 C2.326 160 1151 120 M.96 95 60 1141 C2.101 1090 1044 417 23 1 M 1040 A3 41 107 1209 1183 1087 410 1075 303 60 375 339 331 321 55 365 A5307 360 346 340 A5 332 26 23 24 17 M.175 22 19 A6 M.380 1033 40 37 33 29 25 15 9 1181 21 91 18 17 21 12 85 30 8 24 12 152 25 M.175 26 6 1093 42 11 29 32 1211 1175 1121 1093 1093 981 10 9 34 8 7 1177 1059 33 1149 1045 3 37 1325 M.287 M1.237 41 M.271 M1 43 1122 959 A7 31 954 951 61 947 M1 941 120 119 1 939 115 950 4 111 M9 927 933 1 1 10 107 47 26 44 43 923 106 103 10 28 20 63 57 40 39 919 81 73 57 51 41 35 31 24 917 40 913 25 20 A5.329 99 89 A3.103 14 10 912 911 119 113 40 34 87 908 907 8074 90 48 47 24 60 54 127 22 17 84 20 19 901 114 106 96 24 43 18 20 11 78 101 18 42 39 14 11 A5 897 133 14 P 12 7 893 98 35 10 9 137 153 8 5 7 887 351 337 1 91 10 8 423 3 M2 92 415 4 147 29 33 141 6 19 4 445 437 90 89 877356 346 334 M2 THE COR POR AT ION O F T HE C IT Y O F KIN G STO N EXISTING ZONING Zoning By-Law: 8499, Map 9 A3.193 74 75 440 B1 416 C2 24 867 21 70 71 17 68 67 16 B2.199 460 13 64 12 B1.331 400 306 A7.404 871 9 480 48 4 45 20 41 65 36 37 314 60 61 858 855 8 32 33 7 58 55 851 6 5 54 28 1 845 29 50 47 35 20 844 25 46 45 31 6 10 18 42 41 2 37 1 830 A5 26 23 M2.240 5 9 11 19 27 29 25 824 817 17 18 818 15 814 62 P 11 14 M9.392 810 205 145 115 89 B1 7 204 A5 804 171 M6.97 22 205 197 797 795 94 4 188 180 172 785 20 90 198 86 85 A5.399 M6.97 780 M7 80 35 27 19 11 326 325 76 51 43 321 771 72 317 B1.61 765 68 48 763 38 30 22 312 313 64 61 310 309 OS2 4 60 57 305 M6.97 56 53 301 52 49 A304 297 M6 717 48 45 300 293 44 41 P 294 289 40 37 290 285 36 705 33 286 101 32 29 282 278 108 97 Legend: Subject Lands Current Zone: M1 SCALE Planning, Building 0 40 80 120 160 & Licensing Services Applicant: Fort Henry Investments Inc. Meters File Number: D14-093-2014 a department of Community Address: 1122 John Counter Blvd 1:8,000 Services Legal Description: CON 2 PT 22 23 RP 13R13163; PREPARED BY: J.Partridge Date: Feb 5, 2014 PARTS 1 2 3 4 ARN: 1011050140144000000 528 FOR REFERENCE PURPOSES ONLY THIS IS AN OFFICE CONSOLIDATION. FOR ACCURATE REFERENCE THE ORIGINAL ZONING BY-LAW AND AMENDMENTS THERETO SHOULD BE CONSULTED AT 1211 JOHN COUNTER BLVD

Exhibit E1 Petition residents of Wycliffe Crescent and Rockford Place, we the undersigned, request an separation distance, sound barrier, and modifications to the current proposed site ;-,to take into consideration our concerns as outlined in the document 'Report of and Petition from of \!'1/ycUffe Crescent and Rockford Place Residents rds to Proposed Business Park Commercial Development at 1122 B~vd & Proposed By-lantJ Amendment' 6 529

Exhibit E1 Petition As residents of Wycliffe Crescent and Rockford Place, we the undersigned, request an ~"'1::::-eased separation distance, sound barrier, and modifications to the current proposed s plar: to take into consideration our concerns as outlined in the document and Petition from of \'Vydiffe Crescent and Rockford Place rds to Proposed Business Park Commercial Development 1 nter Blvd & Proposed By-law Amendment' : 25 I : 26 1-- ---';;-lr'---~--!--- 530

Exhibit E1 Petition As res'de'lts Wyc!iffe Crescent and Rockford Place, we the undersigned, request an ir;o-eased separation distance, sound barrier, and modifications to the current proposed site to take lnto consideration our concerns as outlined in the document and Petition from of Wydiffe Crescent and Rockford Place Proposed Business Park Commercial Development at 1 &! Proposed By-law Amendment' 6 531

Exhibit E1 Petition i-\s ;-eside:nts of V\fycliffe Crescent and Rockford Place, we the undersigned, request an ~ i;-:creased separation distance, sound barrier, and modifications to the current proposed to take into consideration our concerns as outlined in the document and Petition of \.Nydifi=e Crescent to Proposed Business Park Commercial Development &. Proposed By~law Amendment' --- 532

Exhibit E2 From: To: Cc: Subject: Date: Timothy Rendell Lambert,Lindsay wycliffecrescentdevelopment@gmail.com Plan D14-093-2014 Sunday, November 30, 2014 9:44:02 PM Dear Lindsay Lambert, Not that I am opposed to new development in Kingston but I did have a few concerns about the proposed plan D14-093-2014. My property backs directly on this site and will most likely be right in line with the gas station. If this station is like most and open 24hrs than I expect there will be lots of lights on all through the night. Not too mention an increase in traffic stopping at the site. Currently there is the bus station and Tim Horton s and now there ll be the added buildings. This will certainly be an increase in noise as well. I d like to know if there will be a sound barrier type wall put up behind the our houses on Wycliffe Crescent? Our bedrooms face the proposed project as well and so is there going to be something to block the increased lighting? My wife currently works early mornings and is in bed early. I m sure she doesn t want bright lights shining in. In the spring and summer we like to occasionally have our window s open while sleeping, so an increase in noise will not be good unless there is some form of sound barrier. Looking at how the land slopes down I m sure they will have to either level it out or they will need to cut the ground down so that it forms a drop off. If this is the case there is a lot of younger children in the neighbourhood. I d hate to see any of them be out back and fall off at drop that could seriously injure them or possibly kill them This is another reason why there is need for a wall or barrier to be put up. If they were to just level the ground out somehow and there was no drop off than a wall is still needed. We don t need any traffic accidently losing control and coming through to our property. If a retaining type wall is done than is there going to be proper drainage done? From the plan it appears there is an entrance as well coming off Leroy Grant Drive. If this is the case, than will there be proper cross walks for pedestrians? I know there is people who walk in the area a lot, and who work in the adjacent industrial park where Novelis is located. Not too mention there is currently a bus stop on the west side of Leroy Gran Drive. With a bus stop and an entrance going into the proposed development, we will need to have safe pedestrian crossing. There is also concern of odour from the gas station as many of us enjoy eating outside in our backyards during the summer. I m sure we do not wish to smell fumes while eating. I m sure there must be some sort of arrangement that may be made to 533

Exhibit E2 meet concerns and allow the proposed development to proceed. I ve included the wycliffecrescentdevelopment@gmail.com in this email so they know what concerns I ve addressed myself, in order to add to any of their own. I may not be at the public meeting so they are able to speak these on my behalf as well. Thank you for your consideration and time. Yours truly, Timothy Rendell 105 Wylciffe Crescent 613-536-7127 Sent from Windows Mail 534

Exhibit E3 Lambert,Lindsay Subject: Attachments: FW: Conerns Report Submission for 1122 John Counter Blvd Wycliffe Concerns Report.pdf From: Blumenberg,Catalina. Sent: Thursday, December 04, 2014 9:09AM To: Lambert,Lindsay Subject: FW: Conerns Report Submission for 1122 John Counter Blvd HI Lindsay: Just FYI. I am including this on the addendum for tonight. From: Wycliffe crescent Development [mailto:wycliffecrescentdevelopment@qmail.com] Sent: Thursday, December 04, 2014 8:59AM To: Blumenberg,Catalina; marvrita.holland@qmail.com; wycliffecrescentdevelopment@gmail.com Subject: Conerns Report Submission for 1122 John Counter Blvd As concerned residents of Wycliffe Crescent we would like to submit the attached report of concerns on to be added to the Planning Addendum of tonight's public meeting in regards to prop.erty 11 22 John Counter Blvd. The report is being submitted on behalf of over 100 residents of Wyeliffe Crescent and Rockford place who have also signed a petition which will be presented in person at tonight's meeting. Please let us know ifyou require anything else at this tirp.e, Joanna Anderson coordinator ofconcerned residents 1 535

Exhibit E3 Report of Concerns and Petition from of Wycliffe Crescent and Rockford Place Residents in regards to Proposed Business Park CQmmercial Development at 1122 john Counter Blvd & Proposed By-Law Amendment City File No: ~14-093-2014 Dec. 4 2014 Submitted to: Planning Committee City of Kingston 216 Ontario Street Kingston, ON K7L 2Z3 Submitted by: Concerned Residents Reachable at: wycl iffecrescentdevel opment@gmai I.com 1 536

Exhibit E3 As residents we have various concerns in regards to the proposed Business Park Commercial Development that we would like City Council and the Planning Committee to consider gravely while moving forth on a decision for the property in question. The proposed Site Plan (Figure 1) includes a 400 car parking lot that stretches 430 meters (1,410 feet) along the South edge of the proposed property. This parking lot would also back directly onto backyards of 36 properties where our decks, bedroom and living room windows, and patio doors face. Our yards are small, and in most cases only 30 feet would separate our houses from the parking lot. The current Planning justification Report has no consideration for a visual privacy barrier, sound barrier, buffer space, or landscaping along the south edge that defines the property boundary. We are not against the commercial development of this land, but are very concerned about the ramifications of its close proximity to our properties.....,.. Figure 1 Here is a collection of concerns on behalf of all the residents who have signed the attached petition: 1. Parking Lot: A. The large parking lot will result in light pollution from vehicle headlights, storefront signage and lighting, and street lights illuminating the parking lot that will stream into our homes all night long, and every day. Specialized lighting that is directed downwards and motion dimming, and a barrier wall to stop headlights is a must. 2 537

Exhibit E3 B. There are air quality concerns as a result of up to 400 vehicles being present directly behind our homes and in the presence of our children enjoying their back yards. This concern is highest in the winter months where we may possibly see 400 idling vehicles on a daily basis in the evening hours as drivers warm up their engines before their commute home. B. The main demographic of this crescent are young families with over 17 elementary students being picked up by school buses daily from Wycliffe Crescent alone - having our back yards face directly onto this parking lot is a major safety issues for our kids due to the density of traffic- 400 vehicles potentially driving in and out daily directly along our small back yards. C. There is a concern that without a rigid tall barrier separating our homes from the proposed lot, we risk vehicles accidentally driving into our back yards and endangering our pets, kids, and residents, or damaging our fences - especially in icy or poor driving conditions. D. Such a large parking lot would require.diligent snow removal to keep clear- this will n_ot only result in noisy ni~ht time snow plows clea ~i ng the lots in winter mo.nths, but also the potential damage to our fences should snow be piled up along our property lines - a buffer space and rigid wall is needed, or better- a relocation of this parking lot to a different place on the site. E. A California study found that pavement/asphalt absorbs excessive heat in summer months resulting in higher ambient temperatures during the days and nights as compared to natural grass/brush land cover. (Svensson & Eliassen, 2002). This means that air temperatures around our homes will be much warmer in summer months, even when the sun goes down. This in itself should be a justification for a 30 foot deep green space buffer next to our properties. F. A large continuous 430 meter straight parking lot such as this has the potential to attract drag racing, stunt driving, and other such dangerous vehicle activity after hours next to our properties and endanger our families. G. Large idling delivery vehicles with back-up alarms may be frequently using this parking lot for deliveries at all hours resulting in unwanted noise pollution. 2. Safety A. Such a high density development will result in increased traffic down our streets (especially Elliott Ave and leroy Grant) which would increase noise levels and make our roads more hazardous to pedestrians and children as both indicated streets currently has no pedestrian crosswalk, or lights to cross. B. According to the current site plan, our children will be exposed to hundreds of 3 538

Exhibit E3 strangers on a daily basis while they enjoy private recreation in their own back yards. The site plan has placed the huge parking lot in the worst area possible. C. Should a barrier be constructed, we must ensure that in case of a fire, residents are able to exit their properties through their back gates and move away east or west along the properties to escape the fire hazards. D. Making our homes accessible in evening hours, nights, and weekends via a deserted parking lot opens up the potential for break-ins through our back yards that would not be noticeable from the from the front streets. Such break-ins were very common in this area in the 1980's. Police records would verify this claim. A buffer space and a barrier from this development would protect our homes. 3. Privacy A. A significant amount of properties facing this development have no or limited back fe':lcing, and as a result, if l)o buffer or barrier: exist ~eparating our homes fro.m this development,. people will cut through our properties to for shortcut access to this area. B. Most of us enjoy our back yards for gardening, entertaining, child recreation, leisure activities, and relaxing meals. Many residents work non traditional hours (not 9-5) and enjoy their private back yards at all times of the day. Our right to live a private life and enjoy recreational activities in our own, hard earned properties will be destroyed with a fully lit parking lot with 400+ vehicles and nine 4 storey buildings overlooking our private lives. A green, densely landscaped buffer is the.minimum that should be acceptable to retain our privacy. 4. Other A. As residents of this area, we frequently see wildlife in the area such as raccoon, snakes, skunk, possum, weasel, deer, birds, rabbits, and coyotes which howl in packs that can be heard on numerous evenings throughout the year. Over 41 species of birds have been documented by avid birders in our neighbourhood. All these animals will be displaced, or more likely killed when this development goes ahead. Greater green space allowance on the site plan should be taken into consideration for the wildlife that resides here. B. The loss of the green space behind our homes and no consideration for a privacy barrier will make our homes less desirable, which in turn will result in decreased property values that are attractive to landlords. Only 3 homes on our crescents are rentals and we all take great pride in our well maintained homes. Families that move out of the neighbourhood as a result open the doors for landlords to snatch the properties up. This often results in poor property maintenance, decreasing rental rates as a result, and degradation and devaluation of the neighbourhood. 4 539