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Notice of a public meeting regarding a proposed amendment to the City of Kingston Official Plan and Zoning Bylaw

June 12, 2018 -

Bylaw Numbers 8499, 96-259, 97-102, 76-26 & 32-74

A public meeting will be held on Thursday, July 5, 2018 at 6:30 p.m. in Council Chambers, City Hall, 216 Ontario St.

  • Address of properties: City-wide (location in DASH shown as City Hall, 216 Ontario St.)
  • Applicant: The Corporation of the City of Kingston
  • City File Number: D35-003-2018

Purpose and effect of the proposed amendments:  The requested Official Plan amendment is to incorporate and clarify policies for second residential units with respect to severances and the land-use designations where they are permitted, as well as to include policies and an amended schedule related to servicing constraints.

The requested Zoning Bylaw amendments are to implement Planning Act legislation and the City's Official Plan policies by permitting second residential units within single-detached, semi-detached, linked and row houses as well as in accessory structures across Kingston with appropriate provisions to regulate their development. The proposed amendments will also give effect to the utilization of a Holding ‘H' Symbol for second residential units proposed in specific areas of potential or known servicing constraints in order to demonstrate adequate water and wastewater capacity, and to prohibit second residential units in basements where there is a particular known constraint to ensure the protection of public health and safety.

A summary of the proposed Official Plan amendment is as follows:

  • To clarify that second residential units are also permitted in Hamlets, Prime Agricultural Areas and Rural Lands Designations
  • Incorporate a new policy in Section 3.11 to indicate that a second residential unit within an accessory structure may not be severed from the lot containing the principal dwelling
  • To include a new policy in Section 4.2 to indicate that Planning Act applications for new residential units that are located in a known or potential servicing constraint as identified on Schedule 11-C must demonstrate adequate water and wastewater capacity and the protection of public health and safety
  • To amend Schedule 11-C – Servicing Constraints to specifically identify the servicing constraint that is known to exist or has the potential to exist
  • To include a new policy with respect to the use of a Holding ‘H' Symbol based on the amended Schedule 11-C and to outline the technical documentation required to lift the Holding ‘H' Symbol for second residential units

The proposed amendments to the five principal zoning bylaws are intended to implement the second unit provisions of Section 16(3) of the Planning Act and the associated Official Plan policies. Second residential units are currently permitted in Zoning Bylaws 97-102 (Cataraqui North Zoning Bylaw), 76-26 (Kingston Township Restricted Zoning Bylaw) and 32-74 (Pittsburgh Township Restricted Area Zoning Bylaw), however they are only permitted in select areas and not in accessory structures. The intent of the proposed amendments is to broaden second-unit permissions both within single-detached, semi-detached, linked or row-house dwellings and in accessory structures across the City and recognize servicing limitations as noted above.

The following is a summary of the proposed amendments to the five principal zoning bylaws:

  • Providing a consistent definition for second residential units
  • Permitting second residential units in association with a permitted single detached, semi-detached, linked or row-house dwelling unit in any zone
  • Regulating parking standards and access to the second residential unit
  • Permitting only one second residential unit per lot and not permitting a second residential unit on a lot that contains a boarding house, garden suite, lodging house or two principal units
  • Requiring appropriate approvals for the second residential unit to connect to municipal or private services
  • Exempting second residential units from density calculations
  • Regulating the size of a second residential unit
  • Regulating the yard location of second residential units in detached accessory structures and requiring these units to comply with the accessory structure provisions of the applicable by-law but with overall minimum setback provisions applied to the rear and interior side-yard
  • Prohibiting a second residential unit in a floodplain
  • Implementing a Holding ‘H' Symbol for second residential units in specific areas of known or potential servicing constraints as illustrated in a proposed schedule to implement Schedule 11-C in the Official Plan and the corresponding Official Plan policies
  • To outline the technical documentation required to lift the Holding ‘H' Symbol for second residential units
  • Prohibiting second residential units in a basement or a cellar where there is a specific known servicing constraint as illustrated in a proposed schedule
  • Amending Zoning Bylaw 8499 to no longer prohibit habitation space or dwelling units in a cellar unless located in specific servicing constraint areas as noted above

In accordance with Sections 17(24.1) and 34(19.1) of the Planning Act there is no appeal in respect of the second unit policies described in Section 16(3), including any requirements or standards that are part of such policies or a bylaw that gives effect to the policies for second units. Any associated Official Plan or Zoning Bylaw amendments that are not solely applicable to second units are not exempt from appeal.

Key map: This is a City-wide amendment; therefore a description of the subject lands or a key map is not provided with this notice.

Other Applications: The City of Kingston has initiated the completion of a new City-wide Zoning Bylaw (File number D14-043-2016). There are many site-specific applications under the Planning Act for various properties within Kingston that are currently in process. For a complete list of site-specific applications, please contact the planning division at 613-546-4291, ext. 3180.

Additional information about the proposed amendments can be viewed at the office of the Planning Division at 1211 John Counter Blvd., between 8:30 a.m. and 4:30 p.m., Monday to Friday, or by accessing the Development and Services Hub (DASH) at www.CityofKingston.ca/DASH. Enquiries may be made by telephoning Andrea Furniss, senior planner, 613- 546-4291, ext. 3219.

For more information about this matter, including information about preserving your appeal rights, contact the planning division via:

Mail: 216 Ontario St., Kingston, ON K7L 2Z3
Fax: 613-542-9965
Email:afurniss@cityofkingston.ca
Phone: 613-546-4291, ext.3219

Written comments for or against these changes may be sent to the planning division using the mail, fax or email information above.

Public consultation

Anyone may attend the public meeting and make a verbal statement, and/or submit comments in writing, either in support of or in opposition to the proposed Official Plan and Zoning Bylaw amendments. The planning committee will receive a preliminary information report with respect to the proposed amendments at the public meeting, which will be available to the public on the City's website at www.CityofKingston.ca/PlanningCommittee on Friday, June 29, 2018.

A comprehensive report will be presented at a future meeting of the planning committee. The public is provided an additional opportunity to make oral submissions on the matter at the time the committee considers the comprehensive report from staff. If a person or public body would otherwise have an ability to appeal the decision of the council of the Corporation of the City of Kingston to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Kingston before the proposed Official Plan amendment is adopted and Zoning Bylaw amendment is passed, the person or public body is not entitled to appeal the decision. Please note that city council has delegated to the planning committee the authority to hold the public meeting instead of council. All representations, both verbal and written, will be considered only by the planning committee, which will submit a committee report with its recommendations to council for a decision on the matter.

Notice of Collection: Personal information collected as a result of this public meeting is collected under the authority of the Municipal Act, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Planning Act, and all other relevant legislation, and will be used to assist in making a decision on this matter. All personal information (as defined by MFIPPA), including (but not limited to) names, addresses, opinions and comments collected will be made available for public disclosure to members of the public, at the meeting, through requests, and through the website of The Corporation of the City of Kingston. Questions regarding the collection, use, and disclosure of this personal information may be directed to the director of the planning, building and licensing services, 216 Ontario St., Kingston, Ontario, K7L 2Z3.

Dated: at Kingston Ontario
this 12th day of June 2018

John Bolognone
City clerk