CITY OF KINGSTON REPORT TO COUNCIL I Report No.: 05-318 I TO: FROM: PREPARED BY: Glen Laubenstein, Chief Administrative Officer Cynthia Beach, Commissioner, Planning and Development Services Peter Huigenbos, Development Engineer DATE OF MEETING: 2005-09-06 SUBJECT: Declare Surplus Part 2, Reference Plan 13R-17987-Part of Lot 11 Concession 3, Geographic Township of Kingston Property east of Bosal Canada Inc., 1150 Gardiners Road RECOMMENDATION: THAT Council declare surplus to the Municipality the parcel of land identified as Part 2 of Plan 13R4 7987; and THAT Council authorize and direct the City Clerk, in accordance with the Municipal Act 2001, c. 25, s. 268 (3), and in accordance with the City of Kingston Notice By-law 2003-015, to give notice of Council’s intention to declare surplus Part 2 of Plan 13R-17987. ORIGIN/PURPOSE : In 1997, Dacon Corporation Limited submitted a Site Plan application on behalf of Bosal for the construction of its phase 2 warehouse addition to its plant at 1150 Gardiners Road. The topographical survey submitted with the Site Plan application indicated the eastern property line boundary as being adjacent to the existing hydroelectric easement. However, records indicate that the eastern boundary of the property shown on the site plan contains a strip of land owned by the former Kingston Township. The Site Plan Application was approved and registered with approximately ten metres of parking area and the east security fencing on lands which were, unbeknownst to Township staff and to the applicant, the property of the Township of Kingston. Ontario Hydro had originally anticipated the need for a sixty meter wide corridor for the Business Park but had declared one half of this strip surplus to their needs. Ontario Hydro had given a thirty meter wide strip (western half) back to Kingston Township, and after a title search, the western land strip was found to be owned by the former Kingston Township, and hence, now the City of Kingston. ” 1
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CITY OF KINGSTON REPORT TO COUNCIL
I Report No.: 05-318 I
TO:
FROM:
PREPARED BY:
Glen Laubenstein, Chief Administrative Officer
Cynthia Beach, Commissioner, Planning and Development Services
Peter Huigenbos, Development Engineer
DATE OF MEETING: 2005-09-06
SUBJECT: Declare Surplus Part 2, Reference Plan 13R-17987-Part of Lot 11 Concession 3, Geographic Township of Kingston Property east of Bosal Canada Inc., 1150 Gardiners Road
RECOMMENDATION:
THAT Council declare surplus to the Municipality the parcel of land identified as Part 2 of Plan 13R4 7987; and
THAT Council authorize and direct the City Clerk, in accordance with the Municipal Act 2001, c. 25, s. 268 (3), and in accordance with the City of Kingston Notice By-law 2003-015, to give notice of Council’s intention to declare surplus Part 2 of Plan 13R-17987.
ORIGIN/PURPOSE :
In 1997, Dacon Corporation Limited submitted a Site Plan application on behalf of Bosal for the construction of its phase 2 warehouse addition to its plant at 1150 Gardiners Road. The topographical survey submitted with the Site Plan application indicated the eastern property line boundary as being adjacent to the existing hydroelectric easement. However, records indicate that the eastern boundary of the property shown on the site plan contains a strip of land owned by the former Kingston Township.
The Site Plan Application was approved and registered with approximately ten metres of parking area and the east security fencing on lands which were, unbeknownst to Township staff and to the applicant, the property of the Township of Kingston.
Ontario Hydro had originally anticipated the need for a sixty meter wide corridor for the Business Park but had declared one half of this strip surplus to their needs. Ontario Hydro had given a thirty meter wide strip (western half) back to Kingston Township, and after a title search, the western land strip was found to be owned by the former Kingston Township, and hence, now the City of Kingston.
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A municipal storm ditch, adjacent, parallel, and north of Bosal’s southern property line, was mistakenly constructed by the former Township on the inside of Bosal’s property. The storm ditch had been excavated through a minimum depth of 1.2 metres of rock along the length of Bosal’s southern property line and would be expensive to relocate.
In 2000, staff met with representatives of Dacon and an agreement to swap land was reached. Staff would recommend to Council that the City-owned lands that were used to construct the Bosal parking lot would be given to Bosal Canada Inc. in exchange for the Bosal lands that were used to construct the City storm drainage ditch. The areas of the proposed land swap are nearly identical: 4500 m2 to the City and 4454 m2 to Bosal.
The land to be declared surplus is approximately one-half of Part 1, 13R-10056, which was appraised by an accredited real estate appraiser and has been valued at thirty thousand dollars.
OPTIONSiDISCUSSION:
Upon Council approval to declare surplus the land identified as Part 2 on Plan 13R-17987 (see Plan of Survey, Appendix A), and provided that the published notice does not result in any objections which would prevent the exchange of land between Bosal and the City of Kingston, the following proposed land exchange will be brought to Council:
1. The City of Kingston will acquire from Bosal Canada Inc., at no cost, a fifteen metre wide strip of land, on the South portion of Bosal property where a municipal storm drainage ditch exists, designated as Part 1 on Plan 13R-17987. The approximate land area of this parcel of land is 4500 square metres. The storm drainage ditch is used for the drainage of the Gardiners Road area. It appears that an easement for the ditch was intended, and even surveyed, but never registered. This proposed land exchange will give the City of Kingston ownership of the land containing the drainage ditch, rather than an easement, which is preferred wherever possible. This allows the City to resolve the possible problem of having drainage on an unregistered easement.
2. Bosal Canada Inc. is to acquire from the City of Kingston, at no cost, the parcel of land immediately east of the Bosal lot line with dimensions of 13.6 metres wide, having a land area of approximately 4454 square metres, and designated as Part 2 on Plan 13R-17987.
3. Dacon Construction Limited will be responsible for relocating all fencing as required to conform to the new ownership.
4. Dacon Construction Limited will be responsible for all costs, including legal, surveying, and registration fees.
EXISTING POLICY/BY-LAW:
City of Kingston Notice By-law 2003-015
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LINK TO STRATEGIC PLAN:
NIA
FINANCIAL CONSIDERATIONS:
There will be no cost to the City and any legal, survey, and registration costs will be payable by Dacon Construction Limited.
CONTACTS:
Speros Kanellos, Manager, Engineering Division 546-4291, Ext. 3 133 Peter Huigenbos, Development Engineer, Engineering Division
DEPARTMENTWOTHERS CONSULTED AND AFFECTED:
546-4291, Ext. 3 148
Hal Linscott, Director of Legal Services Barclay Mayhew, Manager, Properties
546-4291, Ext. 1296 546-1181, Ext. 1233
NOTICE PROVISIONS:
The Municipal Act, 2001, c. 25, s. 268 (3) states: “Before selling any land, every municipality and local board shall by by-law or resolution declare the land to be surplus; obtain at least one appraisal of the fair market value of the land; and give notice to the public of the proposed sale” 2001, c.25, s.268 (3).
APPENDICES:
Appendix “A” - Copy of Plan of Survey 13R-17987, dated August 1 1,2005, prepared by Ronald H. Smith Limited.
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Report No. 05-318 APPENDIX "A"
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CITY OF KINGSTON
REPORT TO COUNCIL
I ReDort No.: 05-321 1
TO: Glen Laubenstein, Chief Administrative Officer
FROM: Cynthia Beach, P.Eng., Commissioner, Planning & Development Services
PREPARED BY: Jason Budd, Intermediate Planner
DATE OF MEETING: 2005-09-06
SUBJECT: Application To Lift Holding ‘-H’ Symbol for ‘R2-28’ Zone “Midland Park Phase 2, Stage 1’’ Subdivision, Lots 17 to 25, Plan 13M-57 Our File No. D28-012-2005
RECOMMENDATION:
THAT Map No. 3 of Schedule “A” to Zoning By-law No. 76-26 of the former Township of Kingston, as amended, be further amended by removing the ‘-H’ Holding Symbol for the lands described as Lots 17 to 25 inclusive of Registered Plan 13M-57, so as to rezone the subject lands from ‘R2-28-H’ Modified Residential Type 2 Zone to Zone ‘R2-28’ Modified Residential Type 2 Zone, which lands are shown as “Lands subject to H Removal” on Schedule “A” attached; and
THAT the Amending draft Zoning By-law be given all three readings.
ORIGIN/PURPOSE :
This matter originates in an application, submitted by Jovinton Developments Limited, for removal of an ‘-H’ Holding Symbol from the property located in Part of Lot 8, Concession 3 in Kingston West. The purpose of this report is to assess the merits of the request and to make a recommendation to City Council respecting removal of the ‘-H’ Holding Symbol.
OPTIONS/DISCUSSION:
Site Location and Description: ,The subject property comprises 9 lots within Registered Plan 13M-57 and is located west of Birchwood Drive and south of Sierra Avenue, in Kingston West. This property constitutes part of Phdse 2, Stage 1 of the “Midland Park” Subdivision. Amending Zoning By-law No. 2004-97 Toned these lands ‘R2-28-H’ to accommodate single detached and semi-detached dwellings. Stage 1 of the “Midland Park” Subdivision consists of a total of 53 residential lots far single detached dwellings. Land use in the surrounding area is predominantly low density residential. The area to the south is a hydro electric corridor owned by Hydro One.
Background: 5
REPORT TO CITY COUNCIL ‘-H’ Removal - “Midland Park, Phase 2, Stage 1” - Jovinton Developments Ltd. (File No. D28-012-2005)
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The City of Kingston granted Draft Plan of Subdivision Approval for this Subdivision (File No.Dl2-79-03), subject to conditions, in April 2004. The Application was appealed to the Ontario Municipal Board by abutting property owners.
The Appellants agreed to a partial withdrawal of their appeal for 53 single detached residential lots identified as “Midland Park” Phase 2 Stage 1 in January 2005. The subdivision received final approval on February 1,2005, and was registered as Plan 13M-57 on March 3,2005.
The appeal against the remainder of the Draft Plan of Subdivision was eventually resolved through arbitration. The Ontario Municipal Board granted Draft Plan of Subdivision Approval for the remainder of the lands on June 24,2005.
The removal of the ‘-H’ Holding Symbol shall occur subject to an approved storm water management plan, verification of adequate waterhewer capacity, the requirements of the Municipality as outlined in the conditions of approval, and the regulations of Zoning By-law No. 76-26.
(c) Procedural Information: Zoning By-laws to remove ‘-H’ Holding Symbols are typically technical in nature as the planning issues related to the use of the ‘-H’ Symbol and the conditions for its removal have been established as part of the initial rezoning process. Also, any technical issues and required clearance letters are generally addressed through the review and approval of the final engineering plans and the conditions established by Council and contained within the Subdivision Agreement. Pursuant to Council’s adopted procedures (Clause 5, Report No. 7, Meeting No. 2, held on 1998-12-5), reports dealing with applications for removal of an ‘-H’ Symbol are referred directly to City Council by Staff. This process was instituted as a customer service initiative to reduce the processing time for applications and in recognition of the fact that the conditions for such removal have already been clearly established by the Planning Committee and Council. This direct process was determined to be more efficient given the fact that such applications are generally submitted towards the end of the planning process when timing may be critical to the developer.
The Owner is requesting that the ‘-H’ Holding Symbol be removed from the property located in Part of Lot 8, Concession 3 to permit the development of 9 lots in Phase 2, Stage 1 of the “Midland Park” Subdivision.
The conditions for removal of the ‘-H’ Holding Symbol have been fulfilled by the Owner as follows:
(d) Analvsis:
1. The Plan of Subdivision (Plan 13M-57) and Subdivision Agreement have been registered on title.
2. Confirmation has been received from the Cataraqui Region Conservation Authority and City of Kingston Engineering Division that there is sufficient storm water management capacity to service the proposed Subdivision.
3. A Subdivision Agreement has been executed by the Owner and has been registered by the municipality. The Owner submitted the necessary financial securities, certificate of insurance and Final Plans required by the Subdivision Agreement. All municipil and 6
REPORT TO CITY COUNCIL ‘-H’ Removal - “Midland Park, Phase 2, Stage 1” - Jovinton Developments Ltd. (File No. D28-012-2005)
Report No. 05-321
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agency requirements are contained within the conditions comprising the Subdivision Agreement or are detailed on the approved engineering plans appended to the Agreement.
i4. The Owner has submitted the appropriate application to amend By-law No. 76-26 (Restricted Area Zoning By-law) so as to remove the ‘-H’ Symbol for the subject lands. This amendment has been processed in accordance with the Notice Regulations of the Planning Act.
(e) Conclusion: The intent of the ‘-H’ Holding Symbol on the subject property was to restrict development until such time as all necessary municipal and agency requirements have been fulfilled and all necessary Agreements had been registered on title. Therefore, it would now be appropriate that it be recommended to City Council that the Zoning By-law be amended to remove the ‘-H’ Holding Symbol for the subject property only as it pertains to the development of nine lots within Phase 2, Stage 1 of the “Midland Park” Subdivision.
EXISTING POLICY/BY-LAW:
The property is designated as Low Density Residential in the Official Plan for the former Kingston Township and is Zoned “R2-28-H” Site Specific Residential Type 2 Zone in By-law No. 76-26 for the former Kingston Township. The proposed use for the property complies with the policies of the Official Plan and the requirements of the Zoning By-law.
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LINK TO STRATEGIC PLAN:
The Strategic Plan supports and promotes responsible new development that can better the lives of the citizens of Kingston.
FINANCIAL CONSIDERATIONS:
No financial implications are to be considered with this report.
CONTACTS:
Jason Budd, Intermediate Planner, Development Approvals (546-4291, ext. 3 178); Marnie Venditti, Supervisor, Development Approvals (546-4291, ext 3256); and George Wallace, Manager, Planning Division (546-4291, ext 3252).
DEPARTMENTS/OTHERS CONSULTED AND AFFECTED:
The request for removal of the ‘-H’ Symbol was circulated to the following Departments, all of which confirmed no objection to the approval of the Application:
Building and By-Law Division; &ties Kingston; Culture, Parks and Recreation; Fire & Rescue; and Engineering Division. - 7
COUNCIL MEETING2 3 SEP 0 6 ’6 REPORT TO CITY COUNCIL ‘-H’ Removal - “Midland Park, Phase 2, Stage 1” - Jovinton Developments Ltd. (File No. D28-012-2005)
Report No. 05-321
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NOTICF PROVISIONS:
This amendment has been processed in accordance with the Notice Regulations of the Planning Act. These regulations require that a Notice of Council’s intent to pass an amending By-law to remove an ‘-H’ Symbol be provided by an advertisement in a newspaper with sufficiently general circulation or by first class mail to the Owner and any person or agency specifically requesting such notice. In this instance, Notice was provided by first class mail to the Owner.
Planning Division a division of Planning ((I Development Services
The Corporation of the City of Kingston
Key Map Legend:
Applicant: Jovinton Developments Inc. File No.: D28-012-2005 Address: 1378-1410 Sierra Avenue Plan No.: 13M-57 LoVConc.: Lots 17-25, inclusive Roll No.:
Scale: Metric
0 50 100 150 200m This map is not to be used for precise scaling.
COUi\lClL MEETING2 3 SEP 0 6 ’05 THE CORPORATION OF THE CITY OF KINGSTON
BY-LAW NO. 2005-
A BY-LAW TO AMEND BY-LAW NO. 76-26, FORMER KINGSTON TOWNSHIP ZONING BY- LAW, TO REMOVE THE ‘-H’ HOLDING SYMBOL RELATED TO THE ‘R2-28-H’ ZONE (Jovinton Developments Inc, Part of Lot 8, Concession 3, Being Lots 17-25 inclusive of Registered Plan 13M-57, “Midland Park” Subdivision, Phase 2, Stage 1, Kingston West).
PASSED: ,2005
WHEREAS the Council of The Corporation of the City of Kingston deems it advisable to amend By-law No. 76-26, as amended, of the former Township of Kingston;
THEREFORE BE IT RESOLVED that the Council of the Corporation of the Corporation of the City of Kingston hereby enacts as follows:
1. That the lands described as “Lands subject to ‘H’ Removal” and shown on Schedule “A” attached hereto are the lands affected by this By-law.
2. That Map No. 3 of Schedule “A” to Zoning By-law No. 76-26 of the former Township of Kingston, as amended, be fbrther amended by removing the ‘-H’ Holding Symbol for the lands described as Lots 17 to 25 inclusive of Registered Plan 13M-57, so as to rezone the subject lands from ‘R2-28-H’ Modified Residential Type 2 Zone to Zone ‘R2-28’ ‘Modified Residential Type 2 Zone, which lands are shown as “Lands subject to H Removal” on Schedule “A” attached hereto.
3. This By-law shall come into force and take effect on the date of its passing.
GIVEN ALL THREE READINGS AND FINALLY PASSED ON THE - day of , 2005.
Mayor, Harvey Rosen City Clerk, Carolyn Downs
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Planning Division a division of Planning & Development Services
The Corporation of the City of Kingston
Schedule 'A' to By-law No. Applicant: File No.: Address: Plan No.: LotlConc.: Roll No.:
Scale: Metric
Jovinton Development Inc.
1378-1410 Sierra Avenue
Lots 17-25, inclusive
D28-012-2005
13M-57
Legend:
Subject Lands Rezoned from R2-28-H to R2-28
. . . . . . . . . . . . . . . . . . . . . . .
Certificate of Authentication
0 10 20 50 rn This map is not to be used for precise scaling.
This is Schedule 'A' to By-law No. 1
- passed this day of 20
Date: August 19,2005 Mayor Clerk I I Prepared by: C Theng K DZ8\2005\D26012-2005SChA ! .
K \D28 Holdings Removsl\2005 Flles\0~23005~Siem Av%nue\CAD\D28-012-200SA%nal dwg
Legend: I n ^.” 1 ~ 1 ,.,- * * j
Subject Lands
Date: August 5,2005 Prepared By: Chanda Theng
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I Report No.: 05-327 I
TO:
FROM:
PREPARED BY:
DATE OF MEETING: September 6,2005
SUBJECT: Marine Security Contribution Program
Mayor and Members of Council
Glen Laubenstein, Chief Administrative Officer
Dave Mignault, Research and Grants Coordinator
RECOMMENDATION:
That Council authorizes the Mayor and City Clerk to enter into a Contribution Agreement with the Government of Canada (Transport Canada) related to funding provided by the Government of Canada to the City of Kingston under the Marine Security Contribution Program for Crawford Wharf.
ORIGIN/PURPOSE:
The purpose of this report is to recommend that the City of Kingston enter into a Contribution Agreement with the Government of Canada (Transport Canada) to receive funding from the Marine Security Contribution Program. The City of Kingston was successful in its application to the Marine Security Contribution Program for the Craw ford Wharf Upgrades Project. Transport Canada has agreed in principle to fund up to $33,750 or 75% of the already budgeted city upgrades for work at the site.
The Government of Canada's Marine Security Contribution Program is a three-year, $1 15 million commitment to assist ports and port facilities with security enhancements. The program is application-based and provides funding on a cost-shared basis for a number of clearly identified eligible expenses.
Under the program, ports and marine facilities are able to apply for funds to assist with security enhancements called for under their Transport Canada approved Port Security Plans or Marine Facilities' Security Plans. The program allows for the reimbursement of eligible expenses, for the period of April 1 , 2004 to November 2007.
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OPTIONS/DISCUSSION:
The City of Kingston’s Crawford Wharf project for security enhancements was selected for funding under the Marine Security Contribution Program.
The City of Kingston is implementing initiatives to increase our capacity to prevent, detect and manage security threats. Included are two projects that enhance and improve the screening of crew, passengers, port workers and cargo. The work includes:
1. Installation of enhanced security lighting around port property. Project cost is $30,000 of which Transport Canada is willing to fund up to $22,500 or 75%.
2. Installations of security bollards around port property. Project cost is $1 5,000 of which Transport Canada is willing to fund up to $1 1,250 or 75%.
EXISTING POLICY/BY-LAW:
NIA
LINK TO STRATEGIC PLAN: NIA
FINANCIAL CONSIDERATIONS:
The Crawford Wharf enhancement projects were fully budgeted for 2005 without the expectation of grant funding. The Marine Security Contribution Program funding will provide funding on a cost-shared basis - 75 per cent federal government 125 per cent City of Kingston. This funding represents a significant savings to the City.
CONTACTS:
Barclay Mayhew, Manager Properties
Dave Mignault, Research and Grants Coordinator
DEPARTMENTWOTHERS CONSULTED AND AFFECTED:
NIA
546-4291, Ext. 1233
546-4291, Ext. 13 14
NOTICE PROVISIONS: NIA
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REPORT TO COUNCIL COUNClL MEETlNG2 3 SEP 0 6 05
Report No:
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APPENDICES:
NIA
G1 en Laub ens t ein Chief Administrative Officer
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CITY OF KINGSTON
REPORT TO COUNCIL
COUNCIL MEETING2 3 SEP 0 6 '05
I Report No.: 05-329 I
TO:
FROM:
PREPARED BY:
DATE OF MEETING: September 6,2005
SUBJECT:
Glen Laubenstein, Chief Administrative Officer
Mark Segsworth, Commissioner, Operations Services
Shirley de Silva, Airport Manager
Kingston (Norman Rogers) Airport -- Contract Agreement with Nav Canada to provide preventative and corrective maintenance of the Instrument Landing
RECOMMENDATION TO COUNCIL: 1. That the City of Kingston enter into a Contract Amendment in a form satisfactory to Legal Services
with Nav Canada for preventative and corrective maintenance of the Instrument Landing System; and,
2. That the Mayor and the Manager of Council Support be authorized to sign the Agreement.
ORIGJN/PURPOSE : Airport Division, Operations Department. A continuance of the agreement with Nav Canada to perform preventative and corrective maintenance services for the Kingston ILS.
OPTIONS/DISCUSSION: 1.
2.
3.
4.
5.
The Instrument Landing System (ILS) was installed in 1986 with funds provided by the Government of Canada.
On December 5, 1996, ownership of the ILS reverted to the City of Kingston.
The ILS requires routine preventative and corrective maintenance to monitor its accuracy in providing navigational assistance to aircraft landing in inclement weather. The system as a whole requires routine and emergency maintenance. Such a system is essential to keeping the commercial airlines operating out of the Kingston Airport.
There is no other agency that provides this service.
Nav Canada requires that the City of kngston enter into a monetary contract agreement for the preventative and corrective maintenance and flight checking of the Kingston ILS. The ILS Contract Agreement began November 1, 1997, with the last Agreement approved by Council in 2002. This is the third amendment to this Agreement.
EXISTING POLICY/BY-LAW: NIA
.. L L
REPORT TO COUNCIL
LINK TO STRATEGIC PLAN: N/A
FINANCIAL CONSIDERATIONS: 1. There is an increase of approximately $2,908.94 fiom last year's costs. This represents a 10.3%
increase. This increase is justified by Nav Canada as they are suffering sever financial problems due to the state of the airline industry. Nav Canada is not allowed to lose money. They have increased the rates across the board and no one is exempt.
2. Under normal circumstances, preventative and corrective maintenance will now cost an estimated $31,134.30 per year, plus G.S.T.
3. The Airport Operating Budget has made sufficient funds available for the City to enter into this contract amendment with Nav Canada for the maintenance of the Kingston ILS.
CONTACTS: 9 Mark Segsworth, Commissioner, Operations Services, 546-429 1 ,extension 1345 9 Shirley de Silva, Airport Manager, 389-6404
DEPARTMENTWOTHERS CONSULTED AND AFFECTED: 9 Airport 9 Legal Services
