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Notice of Adoption - Offical Plan Amendment

May 7, 2013 -

Notice Of Adoption Of An Official Plan Amendment By The Corporation Of The City Of Kingston

TAKE NOTICE that the Council of The Corporation of the City of Kingston passed By-Law No. 2013-98, "A BY-LAW TO AMEND THE OFFICIAL PLAN FOR THE CITY OF KINGSTON (AMENDMENT NO. 16 - Administrative Amendment)" at its meeting on April 23, 2013 in accordance with Section 17 of the Planning Act.

Purpose Of By-Law

The purpose of the amendment is to make minor corrections and provide clarification to specific sections of the text and to specific schedules (maps) in the Official Plan.

Effect Of By-Law

The purpose of the proposed administrative amendment is summarized as follows:

  • Making corrections to some section references and section numbering in the text;
  • Modifying the wording of some of the policies so that the intent is clearer for the following ten policies:
    • Clarifying the type of review required to redesignate employment lands;
    • Clarifying that the City of Kingston must receive Ministry of the Environment clearance prior to any consideration to redesignate Waste Management Industrial lands;
    • Clarifying where Environmental Protection Areas can be found in the schedules of the Official Plan;
    • Including wording to indicate that Snake and Salmon Islands are Environmental Protection Areas;
    • Clarifying the location description and designation of a site-specific policy area in the Alcan District in Kingston Central;
    • Rewording a site-specific policy in the general section of the Official Plan to refer directly to detailed policies found in a site-specific section of the Rideau Community Secondary Plan;
    • Clarifying the correct right-of-way width for Midland Avenue;
    • Clarifying that property boundaries can also be used to define designation boundaries;
    • Removing references to specific project areas in the Brownfields Community Improvement Plan;
    • Relocating text from the general policies of the Rideau Community Secondary Plan into a site-specific policy heading;
  • Adding wording to establish minimum lot requirements for rural non-farm severances to be consistent with other non-farm severance policies;
  • Listing additional studies that may be requested by staff for a complete planning application;
  • Making minor changes to seven schedules (maps) in the Official Plan for accuracy and clarification, including:
    • Highlighting Salmon and Snake Islands as EPA on Schedule 3-A;
    • Clarifying and correcting the location of the Trans-Northern Pipeline on Schedules 3 A, 3-B, and 3-C;
    • Adding the locations of Secondary Plan Areas in Schedule 3-D to show where site-specific policy areas may also apply;
    • Including the Alcan District Area Study as a completed Secondary Plan in Schedule 13;
    • Correcting the Inner Harbour Study boundary and changing its status to a completed Secondary Plan area in Schedule 13;
    • Adding labels for Site-Specific Policy areas in Schedule RC-1;
    • Correcting the area of John Machin Park as an Open Space Designation in Schedule RC-1; and,
    • Converting the mapping data for Schedule CN-1 and CW-1 from a CAD format to an ArcGIS format. No changes to the designations have been made.

Key Map: Not provided in this official notice because of the numerous site and area specific  mapping changes. Refer to the list above and contact the Planning and Development Department for additional details.

AND TAKE NOTICE that By-Law No. 2013-98, and information respecting said By-Law and the proposed amendment to the Official Plan, are available in the Planning and Development Department, 1211 John Counter Boulevard, Kingston, Ontario, during regular office hours (8:30 a.m. to 4:30 p.m.) or by calling Calvin Chan, Senior Planner, at 613-546-4291, Ext. 3126.

AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-Law by filing with the Clerk of The Corporation of the City of Kingston, 216 Ontario St., Kingston, Ontario, K7L 2Z3, not later than 4:30 p.m. on the 27th day of May, 2013, a Notice of Appeal setting out the objection to the By-Law, the specific part of the proposed Official Plan Amendment to which the appeal applies, and the reasons in support of the objection. Any appeal submitted to the City of Kingston for referral to the Ontario Municipal Board must be accompanied by a fee payment in the amount of $125.00 payable to the Minister of Finance.

AND TAKE NOTICE that the proposed Official Plan Amendment is exempt from approval by the Minister of Municipal Affairs and Housing and the decision of Council is final if a Notice of Appeal is not received before or on the last day for filing a Notice of Appeal.

Only individuals, corporations and public bodies may appeal a decision of the approval authority to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. No person or public body shall be added as a party to the hearing of the appeal unless, before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party.

The Official Plan Amendment is administrative in nature, and therefore, there are no other planning applications that are applicable to it.

NOTE: THE LAST DAY FOR FILING OBJECTIONS WILL BE MONDAY, MAY 27, 2013.
The Objection Must Be Received No Later Than 4:30 p.m. on This Date In Order To Be Valid.

DATED at the City of Kingston
this 7th day of May, 2013

John Bolognone, City Clerk
City of Kingston