City of Kingston - City Council Agenda - Meeting 10-2018 - Report ...

City of Kingston Report to Council Report Number 18-093 To:

Mayor and Members of Council

From:

Lanie Hurdle, Commissioner, Community Services

Resource Staff:

Paige Agnew, Director, Planning, Building & Licensing Services

Date of Meeting:

March 20, 2018

Subject:

Request for Exemption from Section 45(1.3) of the Planning Act as it Relates to a Minor Variance Application (D13-008-2018) for the Lands Known Municipally as 630 Princess Street

Executive Summary: This is a report to recommend that the property known municipally as 630 Princess Street be permitted an exemption from the Planning Act regarding the inability to seek zoning relief via minor variance (Exhibit A – Key Map). Bill 73, Smart Growth for our Communities Act; implemented changes to the Planning Act in 2017 which resulted in restrictions on applying for minor variances after a site-specific zoning amendment for a property was approved. Section 45(1.3) of the Planning Act prohibits an applicant from submitting a minor variance application for a site that received approval through a zoning by-law amendment within two years of the passing of the amending by-law. An application for zoning by-law amendment was submitted in 2010 to facilitate the construction of a mixed use multi-unit building (File Number D14-188-2010). The site-specific ‘C.397’ zone was approved through an Ontario Municipal Board (OMB) decision on September 15, 2016. The site-specific zone required 1,650 square metres of amenity area. The applicant has submitted a minor variance application to reduce the minimum on-site amenity area requirement from 1,650 square metres to 312.3 square metres. The proposed 312.3 square metres of on-site amenity area complies with the updated zoning by-law requirements in effect since August 8, 2017.

Council Meeting 10 March 20, 2018

46

Report to Council

Report Number 18-093 March 20, 2018 Page 2 of 7

The City amended its five existing zoning by-laws in 2017 to update the minimum on-site amenity area requirements throughout the City in accordance with the Amenity Area Review Study completed in 2015 by Dillon Consulting Limited. Through the zoning by-law amendment (File Number D14-018-2017), the required on-site amenity area requirement per unit was reduced to 10 square metres per dwelling unit for development within Kingston’s Central Business District and Williamsville Corridor (Exhibit D – By-Law Number 2017-168). The applicant is proposing to provide 312.3 square metres of on-site amenity area which complies with the updated zoning by-law minimum requirements. Recommendation: That Council permit the applicant, pursuant to Section 45(1.4) of the Planning Act, to proceed with an application for minor variance to the Committee of Adjustment to request a reduction in the minimum required on-site amenity area requirement.


47

Report to Council


Authorizing Signatures: ORIGINAL SIGNED BY COMMISSIONER Lanie Hurdle, Commissioner, Community Services ORIGINAL SIGNED BY CHIEF ADMINISTRATIVE OFFICER Gerard Hunt, Chief Administrative Officer

Consultation with the following Members of the Corporate Management Team: Jim Keech, President & CEO, Utilities Kingston

Not required

Desirée Kennedy, Chief Financial Officer & City Treasurer

Not required

Denis Leger, Commissioner, Corporate & Emergency Services


√

48

Report to Council


Options/Discussion: Section 45(1.3) of the Planning Act prohibits an applicant from submitting a minor variance application for a site that received approval through a zoning by-law amendment within two years of the zoning amendment approval. Section 45(1.3) of the Planning Act states: Subject to subsection (1.4), no person shall apply for a minor variance from the provisions of the by-law in respect of the land, building or structure before the second anniversary of the day on which the by-law was amended. Section 45(1.4) of the Planning Act goes on to state: Subsection (1.3) does not apply in respect of an application if the Council has declared by resolution that such an application is permitted, which resolution may be made in respect of a specific application, a class of applications or in respect of such applications generally. An application for zoning by-law amendment was submitted in 2010 to facilitate the construction of a mixed use multi-unit building (File Number D14-188-2010) on the subject property. The sitespecific ‘C.397’ zone was approved through an OMB decision issued on September 15, 2016. In 2017, Site Plan Control (File Number D11-017-2013) was approved to permit the construction of a mixed use building containing a total of thirty-one dwelling units and two commercial units. The building is currently under construction. It is the intent of Section 45(1.3) of the Planning Act to ensure that the implementing site-specific zone resulting from the zoning by-law amendment application be adhered to and not undermined through a subsequent relief requested via minor variance (i.e. Committee of Adjustment). The proposed exemption is site-specific (not city-wide) and solely related to reducing the on-site amenity area requirement prescribed through an application submitted in 2010. The implementing site-specific zone was enacted through a 2016 OMB decision. In 2015 the City retained the services of Dillon Consulting Limited to complete an Amenity Area Review Study. The Study completed in 2015 was endorsed by Council; however, not implemented within the existing five zoning by-laws until 2017. Zoning By-Law Number 2017168 changed the amenity area definition and minimum on-site amenity area requirements for properties within the subject area of the former City of Kingston delineated in Zoning By-Law Number 8499, as amended. The site-specific ‘C.397’ zone was processed and finalized prior to the passing of the updated on-site amenity area requirements, resulting in the subject property providing significantly more on-site amenity area than what would be required in accordance with Zoning By-Law Number 8499, as amended in 2017. The existing site-specific ‘C.397’ zone requires 1,650 square metres of on-site amenity area. However, according to the updated zoning by-law, the proposed development is required to provide a minimum of 310 square metres of on-site amenity area. The applicant’s floor plan drawings (Exhibit B – Floor Plans) illustrate a total of 312.3 square metres of on-site amenity area comprised of private balconies, gym and rooftop amenity space, which complies with the minimum by-law requirements of 2017. Therefore, the applicant is requesting permission from Council to submit an application for minor variance to reduce the


49

Report to Council


minimum on-site amenity area requirement of 1,650 square metres as prescribed in the sitespecific ‘C.397’ zone. In summary, the purpose of this report is to recommend that Council allow the applicant to proceed with submitting an application for minor variance to the Committee of Adjustment to request a reduction in the minimum on-site amenity area requirement. Staff are in support of the proposed Planning Act exemption. Existing Policy/By-Law: The subject site is located in a ‘Corridor’ as shown on Schedule 2 of the Official Plan. Section 2.2 of the Official Plan states that the City is divided into broad, structural elements which are intended to remain stable for the duration of the Plan. The Princess Street Corridor between the Central Business District Centre and the Cataraqui Centre will continue to evolve as a mixed land use development area with mixed use buildings containing residential, employment and retail uses. It is a priority transit route and is intended to be the focus of intensification involving higher building heights and densities (Section 2.2.10). The subject site is designated ‘Main Street Commercial’ and is located within the Williamsville Special Policy Area in the City of Kingston Official Plan. The planned function of the Main Street Commercial designation is “to serve surrounding neighbourhoods with a broad range of uses”. Permitted commercial uses include retail, service and office uses that are suitable for a main street pedestrian format, and are intended to serve the surrounding neighbourhoods. Compatible residential uses are also permitted. For properties within the ‘Main Street Commercial’ designation, land use on the ground floor is required to be commercial, unless otherwise identified in a Special Policy Area. The Princess Street corridor in Williamsville was recently identified as a Special Policy Area as shown on Schedule PS-1 in the Official Plan. The Williamsville Main Street is divided into three character areas. The subject property is located within the Community Destination area (Section 10E.1.8). It is the intent that this area should serve as a primary destination for local residents, providing for community uses such as open spaces, community centres, daycares and commercial uses that focus on community amenities to serve the day to day needs of the local residents. Amenity area is referenced in multiple sections of the Official Plan, including being defined in Section 1.4 as: An amenity area exterior to the residential building, or a common interior area within a residential building, which is designed and intended primarily for the leisure and recreation of the occupants of the building. The Official Plan seeks to ensure that on-site amenity areas are sufficient in size and function to adequately accommodate all of the residents of the building. The policies within the Plan do not prescribe a minimum threshold for on-site amenity area, defaulting to the implementing zoning by-law to set such standards.


50

Report to Council


The subject property is currently located in a site-specific General Commercial ‘C.397’ zone in Zoning By-Law Number 8499, as amended. The zoning by-law amendment submitted in 2010 was finalized through an OMB decision in 2016. Along with several other performance standards, the site-specific ‘C.397’ zone requires a minimum of 1,650 square metres of on-site amenity area. As discussed above, By-Law Number 2017-168 (Amenity Area and Landscaped Open Space Provisions) updated Zoning By-Law Number 8499, as amended, with respect to the minimum required on-site amenity area requirements in 2017. The Amenity Area definition contained within Section 5 of Zoning By-Law Number 8499, as amended is consistent with the Official Plan definition noted above. Applicable amenity area provisions of Zoning By-Law Number 8499, as amended, states: -

A minimum of 10 square metres of amenity area shall be provided for each dwelling unit on a lot for properties within the Williamsville Main Street Commercial ‘C4’ Zone. Amenity areas, or any part thereof, shall be designed and located so that the length does not exceed four times the width. Amenity areas, if provided as communal space, must be aggregated into one area or grouped into areas of not less than 54.0 square metres. Where an amenity area, provided as an outdoor area exterior to the residential building, is located at grade level, it may be included in the calculation of landscaped open space requirements.

The proposed on-site amenity area complies with all provisions noted above as contained within Zoning By-Law Number 8499, as amended. The applicant is proposing 112.64 square metres of on-site amenity area through private exterior balconies located on floors 1 – 4, 124.4 square metres of amenity area in an exercise room located in the basement and 75.3 square metres of amenity area on the roof top terrace (Exhibit C – Amenity Area Calculations). In total, the applicant is proposing 312.3 square metres of on-site amenity area (Exhibit B – Floor Plans). Notice Provisions: Subject to Councils decision, a Committee of Adjustment meeting respecting this application is scheduled for March 26, 2018. Pursuant to the requirements of the Planning Act, a notice of the Statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site 10 days in advance of the meeting. In addition, notices were sent by mail to a total of 39 property owners (according to the latest Assessment Roll) within 60 metres of the subject property and a courtesy notice was placed in The Kingston Whig-Standard. If the application is approved, a Notice of Decision will be circulated in accordance with the provisions of the Planning Act. Accessibility Considerations: Not applicable


51

Report to Council


Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning, Building & Licensing Services 613 546-4291 extension 3252 Marnie Venditti, Manager, Development Approvals 613 546-4291 extension 3256 Jason Sands, Senior Planner 613 546-4291 extension 3277 Other City of Kingston Staff Consulted: Mary C. Rae, Senior Legal Counsel, Legal Services Department Exhibits Attached: Exhibit A

Key Map

Exhibit B

Floor Plans

Exhibit C

Amenity Area Calculations

Exhibit D

By-Law Number 2017-168


52

266

605

262

PR I

684 682

219 219A

641

670 668 551 662

DU 22

11

RH A

M

ST

544 542

637 635

627

631 629

PR I

NC E

16

524 520

27

516

23 21 15

514

K

510

PA R

26 22 227

ST

VICTORIA ST

528

506

16 2

223 219 215 211 207

527 525

182

521

180

519

178 176

517 515

170

511 509 507 505

168 164 160 158

501 496

489

154 150

487

148

492 490

485 484

144 140

625 623 617 615

SS

516 514 512 510 508

a department of Community Services

K ST

N ST

570 568

560

558 552

531

548

527 544 542

525 521 519 517 517A 515 515A

538 534 532 526

513

524 520

ST 512

611 605

510

601 620

177

624

173

579

484

167 165 163

600

149 147 145

137

578 576

478

157 153

575 575 A

480

465

476 474 472 470 468 466 464 450

461

574

572

457 453 451

464

CO M MI TT EE OF AD JU ST MEN T

KEY MAP Planning, Building & Licensing Services

UNIO

574

EN S T

505

630

141

483

537 535

518

652

530

540 538 536 534 532 530 520

20 14

542

539

NCE ST

10

20

30

E

LEGEND

Applicant: IBI Group Incorporated Owner: Stelmach Project Management Ltd. File Number: D13-008-2018 Address: 630 Princess Street 0

Lands Subject to Minor Variance

40 Metres

1:2,000

PREPARED BY: J. Partridge DATE: 2/14/2018

FRONTENAC ST

NELSON ST

637

217 213

545

ALBERT ST

223

236

557

BRO C

QUE

BARRIE ST

647

ST

229

ORDNA

328 326322 318 332330

559 JOHNSON ST

560 558 556 546

237 235

# 100

676

358 356

K

240

561

562

241

242

R

245 362

YO

246

NC

ALFRED ST

250

655

692 686

PALA CE RD

593

585 583 581

PINE ST

SS YORK EST ST

254

589

N ST

BATH RD

260 599

591

E ST E P H

CONCESSION ST

T

607

LING TO N S

270

SEVE NTH AVE

WE L

613

CONTEXT MAP

AL ST

272

KI NG ON S T TA E RI O ST

617

Exhibit A ST RAILWAY

MONT RE

276

DIV ISION ST

SO 15 614 UT H BARTLETT ST

619

VICTORIA ST

616


Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact 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 warranty, express or implied , concerning the accuracy, quality, or reliability of the use of the information contained in this document. 2015 The Corporation of the City of Kingston.

53

2

3

4

5

6

7

8

inches

F.8

G

engineering

B

C

11'-3" [3430]

D

E

1" 121'-34 [36960]

1" 26'-52 [8065]

17'-11" [5460]

17'-11" [5460]

F F.2 1" 11'-24 [3410]

2 A501

1" 12'-114 [3945]

2'-3" [685]

WT1

1

H 1" 18'-24 [5545]

3'-2" [965]

83 8" [215]

6 A503

WT1

3" 88 [215]

A 47 8" [125]

3100 Temple Drive Windsor, ON N8W 5J6 (519) 944-3090 FAX.-5636

1

HANNA, G HOBRIAL AND A SSOCIATES LTD.

0

architecture

Exhibit B

1

5 A503

OUTLINE OF BUILDING ABOVE

30'-17 8" [9190]

WATER METER ROOM

WT1

1" 17'-54 [5315]

Ax

17'-2" [5230]

21 '-6 5 [65 8 " 70 ]


WT1 WT9

WT9

11

12

13

8'-63 8" [2600]

FD 5'-93 4" [1770]

2

1x

5a A503

8'-7" [2615]

9'-8" [2945]

12'-10" [3910]

WT1

16

8"x6" R.O.

1

17

AI R

WT7B

1" '-7 8 95 5] 13 [29

8"Ø R.O. (ABOVE) 12"x12" R.O. (ABOVE)

1" 9'-92 [2985]

20'-05 8" [6110]

1" 17'-12 [5220]

ELEVATOR

WT7B

'A'

2x

WT7C

WT7B

ACCESSIBLE PARKING SIGN

20

WT7B

003 5'-37" 8 [1625]

CB

18' OVERHEAD DOOR

1" 18'-84 [5695]

1" 6 9'- 4 ] R1 950 [R5

9'-45 8" [2860]

RAMP SLOPED 9.7% HEATED

1" '-2 4 32 ] 10 [98

D

1 [9 38 2 " 5]

3" 0 '-1 8 ] 49 0 20 [15

6

'-9 30

6%

5] [23

1" 94

ED

DEC.18-17 CONSTRUCTION AUG 09.17 PERMIT

TRANSFORMER PAD 4.00x4.00M

26'-1" [7950]

MAY 30.17 PERMIT APR 12.17 SPA

WT1

O SL

3x

WT1


20'-13 8" [6130]

WT1

PE

ELECTRICAL ROOM

WT1

1 A501

WT1

THIS DRAWING SHALL NOT BE USED FOR CONSTRUCTION UNLESS IT IS COUNTERSIGNED BY THE CONSULTANT.

TRENCH DRAIN

" '-0 0] 12 6 R 36 [R


EXERCISE ROOM (AMENITY SPACE) 1,337 SQ.FT. (124.4 SQ.M.) LIT 24 HRS. WITH LOW LEVEL LED LIGHTING

ALL DRAWINGS, SPECIFICATIONS AND OTHER RELATED DOCUMENTS ARE THE COPYRIGHT PROPERTY OF THE CONSULTANT AND SHALL BE RETURNED UPON REQUEST. REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS, IN WHOLE OR IN PART, IS FORBIDDEN WITHOUT THE WRITTEN PERMISSION OF THE CONSULTANT. THE CONTRACTOR SHALL CHECK AND VERIFY ALL PERTINENT DIMENSIONS AND REPORT ANY DISCREPANCIES TO THE CONSULTANT BEFORE PROCEEDING WITH THE WORK.

THIS DRAWING IS NOT TO BE SCALED. USE FIGURED DIMENSIONS ONLY.

WT7B

10'-83 8" [3260]

A701

5 1 A501

EX1.2

WT9

1

6" PERFORATED DRAINAGE TILE AT THE PERIMETER FOOTING. REFER TO MECHANICAL DRAWINGS FOR CONTINUATION WITHIN BUILDING FOOTPRINT

20'-0" [6095]

WT7

WT7

OCCUPANT LOAD SIGN "MAXIMUM OCCUPANCY, 15 PERSONS. BASED ON DESIGN"

4.7

WT1

17'-03 4" [5200]

002

PDO

UP

19

WT7C

1'-2" [355] 8"Ø R.O.

21'-0" [6400]

MOD.

83 8" [215]

ST

5

WT7B

WT1

WT7

WT7

4

27'-95 8" [8475]

UP R 15

VEST.

WT7C

5'-9" [1755]

C FH

ST1A

VEST. ST1

18

CONC. CURB

9'-15 8" [2785]

1" '-6 8 44 5] 56 [13

12"x10" R.O.

A702(ABOVE)

FHC

EL1

WT7

3

SLOPED 1%

15

SLOPED 6%

14

WT1

WT7B

6

FD

EX1.1 FD UP

4

5.7

26.5"x26.5" R.O.

17'-03 4" [5200]

9'-8" [2950]

5'-0" [1525]

4'-103 8" [1485]

CB

1" 66'-98 [20350]

3

CB

20'-1" [6120]

CB

1" 6'-112

5] [13

1" 54

1" 6'-02 [1840]

10

5'-9" [1755]

09

1" 99'-54 [30310]

08

[2120]

07

[6910]

06

15'-63 4" [4745]

05

1" 21'-102 [6670]

04

79'-10" [24335] 10'-37 8" [3150]

03

1" 22'-88

001

02

EXHAUST

INTAKE

01

1" 36'-12 [11010]

26"x32" R.O. (ABOVE)

2

7

.8%

1

WT1

" '-2 26 75] [79

OP

SL

K.C.

Dx

S.K. Project:

" '-1 21 25] [64 1 " '-8 4 19 ] 00 [60

2 A501

6 A503

630 PRINCESS STREET

1" '-9 8 30 75] [93

1

KINGSTON, ONTARIO 3" 78

Plot Scale:

5] [18

Project No.:

4x

17-0342

Ax 11/12/09

Sheet Name:

XRTBLK

Updated:

GARAGE LEVEL FLOOR PLAN

File Name:

A101 0

10

20

30

40

50

60

70

80

90

100

110

120

130

140

150

160

170

180

190

200

millimetres


54

Exhibit B


55

Exhibit B


56

Exhibit B


57

Exhibit B


58

Exhibit B


59

Exhibit B


60

Exhibit C 630 Princess Street Proposed Amenity Area Breakdown Level 100 LEVEL 200 LEVEL 300 LEVEL 400 LEVEL 400 LEVEL 400 LEVEL 500 LEVEL 501 LEVEL 502 LEVEL TOTAL

Unit Number 104 (2A -BF) 204 (2A -BF) 304 (2A) 403 (2B.1) 404 (2A) 405 (2C.1) 503 (2B.1) 504 (2A) 505 (2C.1)

LOWER LEVEL ROOF LEVEL

EXERCISE ROOM ROOF LOUNGE

Balcony Area Square Feet 156.24 156.24 156.24 75.15 156.21 140.93 75.15 156.21 140.93 1213.30

TOTAL

Balcony Area Square Metres 14.50 14.50 14.50 6.98 14.50 13.09 6.98 14.50 13.09 112.64 124.40 75.30 312.34


61

Exhibit D Page 1 of 5

Clause (2) to Report 86, 2017 File Number 014-018-2017 By-Law Number 2017-168

A By-Law to Amend By-Law Number 8499, "Restricted Area (Zoning) By-Law of the Corporation of the City of Kingston" (Amenity Area and Landscaped Open Space Provisions) Passed:August8, 2017

Whereas by Order of the Minister of Municipal Affairs and Housing, The Corporation of the Township of Kingston, The Corporation of the Township of Pittsburgh and The Corporation ofthe City of Kingston were amalgamated on January 1, 1998 to form The Corporation of the City of Kingston as the successor municipal Corporation and pursuant to the Minister's Order, any by-laws of the former municipality passed under the Planning Act continue as the by-laws covering the area of the former municipality now forming part of the new City; and Whereas the Council of The C9rporation of the City of Kingston deems it advisable to amend By-Law Number 8499, as amended, of the former City of Kingston ; Therefore be it resolved that the Council of The Corporation of the City of Kingston hereby enacts as follows: 1.

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. By Deleting the definition of Amenity Area in Section 4.2 and Replacing it with the following:

"4.2

Amenity Area means an area exterior to the residential building, or an interior area common to all dwelling units within a residential building, which is designed and intended primarily for the leisure and recreation of the occupants of the building."

1.2. By Renumbering Section 4.43B Laundromat to 4.43C. 1.3. By Adding a new definition for Landscaped Open Space in Section 4 to read:

"4.43B Landscaped Open Space means the area of a lot used or intended to be used for the growth and maintenance of grass, flowers , trees, shrubbery, natural vegetation and indigenous species and other landscaping and includes any buffer strip, surfaced walk, surface patio, swimming pool or similar area, but shall not include any access driveway, ramp, parking area or loading spaces or any open space beneath, above or within any building or structure."


62

Exhibit D City of Kingston By-Law Number 2017-168 Page 2 of 5

-

1.4. By Deleting sub-section 5.27 Amenity Areas and Play Space for Multiple Family Dwellings in its entirety in Section 5 and Replacing it with the following: "5.27 Amenity Area for Multiple Family Dwellings For a multiple family dwelling, amenity areas as defined in Section 4.2 of this by-law shall be provided as follows:

(a)

A minimum of 18.5 square metres of amenity area shall be provided for each dwelling unit on the lot.

(b)

Amenity areas, or any part thereof, shall be designed and located so that the length does not exceed four times the width.

(c)

Amenity areas, if provided as communal space, must be aggregated into one area or grouped into areas of not less than 54.0 square metres.

(d)

Where an amenity area, provided as an outdoor area exterior to the residential building, is located at grade level, it may be included in the calculation of landscaped open space requirements."

1.5. By Amending sub-section 6.3(n) in Section 6: General Provisions for One-Family Dwelling and Two-Family Dwelling Zone "A" by Deleting the words "Play Space and" in two locations. 1.6. By Adding a new sub-section 6.3(o) in Section 6: General Provisions for One Family Dwelling and Two-Family Dwelling Zone "A" as follows: "(o) Minimum Percentage of Landscaped Open Space

30 per cent of the total lot area." 1.7. By Adding a new sub-section 7.30) in Section 7: General Provisions for One Family Dwelling Zone "A 1" as follows: "0)

Minimum Percentage of Landscaped Open Space

30 per cent of the total lot area."

1.8. By Adding a new sub-section 8.3(k) in Section 8: General Provisions for One Family Dwelling Zone "A2" as follows: "(k)




63

Exhibit D City of Kingston By-Law Number 2017-168 Page 3 of 5 1.9. By Adding a new sub-section 9.30) in Section 9: General Provisions for One-Family Dwelling and Two-Family Dwelling Zone "A3" as follows: "0)



1.1 0. By Adding a new sub-section 10.3(g) in Section 10: General Provisions for One-Family Dwelling and Two-Family Dwelling Zone "A4" as follows: "(g)



1.11 . By Adding a new sub-section 11.30) in Section 11: General Provisions for One-Family Dwelling and Two-Family Dwelling Zone "A5" as follows: "(j)



1.12. By Adding a new sub-section 12.3(m) in Section 12: General Provisions for Mobile Home Residential Zone "A6" as follows: "(m) Minimum Percentage of Landscaped Open Space


1.13. By Adding a new sub-section 12A.3(k) in Section 12A: General Provisions for One Family, Semi-Detached and Linked Dwelling Zone "AT' as follows: "(k)



1.14. By Amending sub-section 13.3(i) in Section 13: General Provisions For Three To Six Family Dwelling Zone "B" by Deleting the words: "Play Space and". 1.15. By Adding a new sub-section 13.3(m) in Section _13: General Provisions For Three To Six Family Dwelling Zone "B" as follows: · "(m)




64

Exhibit D City of Kingston By-Law Number 2017-168 Page 4 of 5 1.16. By Amending sub-section 14.3(1) in Section 14: General Provisions for Multiple Family Dwelling Zone "B1" by Deleting the words: "Play Space And". 1.17. By Adding a new sub-section 14.3(m) in Section 14: General Provisions for

Multiple Family Dwelling Zone "B1" as follows:

"(m) Minimum Percentage of Landscaped Open Space


1.18. By Amending sub-section 15.3(1) in Section 15: General Provisions for Multiple Family Dwelling (Unified Ownership) Zone "B2" by Deleting the words: "Play Space and". 1.19. By Adding a new sub-section 15.3(p) in Section 15: General Provisions for

Multiple Family Dwelling (Unified Ownership) Zone "B2" as follows:

"(p)



1.20. By Amending sub-section 16.30) in Section 16: General Provisions for Multiple

Family Dwelling Zone "B3" by Deleting the words: "Play Space And" .

.1.21. By Adding a new sub-section 16.3(k) in Section 16: General Provisions for

Multiple Family Dwelling Zone "B3" as follows:

"(k)



1.22. By Amending sub-section 20.3(i) in Section 20: General Provisions for the Commercial Uses Zone "C" (Central Business District and Upper Princess Street) by Deleting the words: "Play Space and". 1.23. By Deleting sub-section 23C.3(e)ii in Section 23C. General Provisions for the

Williamsville Main Street Commercial Zone "C4" and Replacing it with the

following : ·

"ii.

2.

Notwithstanding Section 5.27(a), a minimum of 10 square metres of amenity area shall be provided for each dwelling unit on a lot."

This by-law shall come into force and take effect on the day it is passed subject to and in accordance with the provisions of the Planning Act, R.S.O. 1990, c. P. 13 as .amended from time to time.


65

Exhibit D City of Kingston By-Law Number 2017-168

Page 5 of 5

I Three Readings and Passed: August 8, 2017

Mayor


66

Exhibit D The Corporation of the City of Kingston Re: By-Law Number 2017-168

A By-Law to Amend By-Law Number 8499, "Restricted Area (Zoning) By-Law of The Corporation of the City of Kingston" (Amenity Area and Landscaped Open Space Provisions) (See Clause (2), Report Number 86) Effective Date: August 8, 2017

Declaration I, John Bolognone, hereby certify that the notice for By-Law Number 2017-168 of The Corporation of the City of Kingston, passed by the Council of The Corporation of the City .of Kingston on the 8th day of August, 2017 was given in the manner and form and to the persons prescribed by Ontario Regulation 545/06, made by the Lieutenant Governor in Council under subsection 34 of the Planning Act, R.S.O . 1990, c . .P.13. I also certify that the 20 day appeal period expired on the 6th day of September, 2017 and to this date no notice of appeal setting out an objection to the By-Law has been filed in the Office of the City Clerk.

Dated at Kingston , Ontario this 13th day of September, 2017

). ) )

hn

olognone, City Clerk orporation of the City of Kingston


67