Page 1 of 10 Council Meeting Number 2019-03 Addendum

Page 1 of 10 Council Meeting Number 2019-03

Addendum Tuesday, December 18, 2018

The consent of Council is requested for the addition of the following Motion of Recognition.

Motion of Recognition

1. Moved by Councillor Neill Seconded by Mayor Paterson That the sincere appreciation of City Council be extended to Pat Sheahan, in recognition of his 19 years as head football coach for the Queen’s Gaels. During his tenure he was a Conference Coach of the Year in 2001, 2007 and in 2008 he was CIS Coach of the year. In 2010 he was named OUA Male Athletic Coach of the Year in all sports. He proudly brought the National Vanier Cup to Queen’s in 2009. Best wishes in his future endeavours!

The consent of Council is requested for the addition of Report Number 05: Received from the Planning Committee.

Report Number 05: Received from the Planning Committee

1. Approval of an Application for a Zoning By-Law Amendment – Temporary Use By-Law to Permit Surface Parking Facilities within the Williamsville Main Street Commercial Zone (The City of Kingston)

That the application for a zoning by-law amendment (File Number D14-030-2018) submitted by the City of Kingston, on behalf of the City of Kingston, for a Temporary Use By-Law to Permit Surface Parking Facilities within the Williamsville Main Street Commercial Zone, be approved; and

That By-Law Number 8499, entitled "Restricted Area (Zoning) By-Law of The Corporation of the City of Kingston", as amended, be further amended, as per Exhibit A (Draft By-Law to Amend Zoning By-Law Number 8499) to Report Number PC-19-003; and

That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the by-law; and

That the amending by-law be presented to Council for all three readings.

(See By-Law Number (4), 2019-06 attached to the addendum as schedule pages 1-2)

2. Approval of a Final Plan of Condominium – 630 Princess Street (Stelmach Property Management)

That the application for Final Plan of Condominium (File Number D07-002-2018) submitted by IBI Group Incorporated, on behalf of Stelmach Project Management, for the property municipally known as 630 Princess Street, be approved; and

That final approval be subject to:



a) The owner providing condominium plans to the City that identify the exclusive use and common elements of the site; and

b) The owner entering into a condominium agreement with the City which shall provide further notice to the Condominium Corporation and present and future purchasers of the conditions contained within the registered Site Plan Control agreements and that the Condominium Corporation will be responsible for maintaining the approved site works and fulfilling any conditions of the agreements; and

That subject to the satisfaction of the Director of Legal Services, the Mayor and Clerk be authorized to execute the condominium agreement, and the Director of Legal Services be authorized to forward the necessary signed and stamped originals and required copies of the Final Plan of Condominium to the Land Registry Office for registration.

(See Final Plan of Condominium attached to the addendum as schedule pages 3-5)

The consent of Council is requested for the addition of Report Number 06: Received from the Nominations Advisory Committee.

Report Number 06: Received from the Nominations Advisory Committee

1. Public Appointments to Boards and Working Groups

That the following Board and Committee appointments be approved: i. Appeals Committee

That the following appointments be made to the Appeals Committee for a term ending November 30, 2019: a) Nicola Diak; b) Alexander Rey; and c) Hilary Wollis.

ii. Arts Advisory Committee

That the following appointments be made to the Arts Advisory Committee for terms ending November 30, 2020 and November 30, 2022: a) Ann Clifford (November 30, 2022); and b) Katy Littlejohn (November 30, 2020).



iv. Belle Park Working Group

That the following appointments be made to the Belle Park Working Group for a term ending November 30, 2019: a) Mary Louise Adams; b) Travis Canadien; c) Krista Clement; d) Tracy Johnston; e) Tricia Knowles; and f) Bill Walsh.

v. Central Kingston Growth Strategy Community Working Group

That the following appointments be made to the Central Kingston Growth Strategy Community Working Group for a term ending November 30, 2019 or the completion of the project: a) Sarah Cadue; b) Mac Gervan; c) David Gordon; d) John Grenville; e) Meredith McDonnell; and f) Catherine Styles.

vi. Committee of Adjustment

That the following appointments be made to the Committee of Adjustment for the term of Council, ending November 14, 2022: a) Alex Adams; b) Paul Babin; c) Vincent Cinanni; d) Blaine Fudge; e) Peter Skebo; f) Somnath Sinha; and g) Jordan Douglas Tekenos-Levy.



viii. Heritage Kingston

That the following appointments be made to Heritage Kingston for the term of Council ending November 14, 2022: a) Martha Bailey; b) Jennifer Demitor; c) Kayla Dettinger; d) Peter Gower; e) Zoe Harris; f) Ashley Johnson; g) Matthew McCartney; h) E. Jane McFarlane; and i) Donald Taylor.

ix. Housing and Homelessness Advisory Committee

That the following appointments be made to the Housing and Homelessness Advisory Committee for a term ending November 30, 2020: a) Melodie Ballard; and b) Robert Manley Rittwage.

x. Kingston Economic Development Corporation Board of Directors

That Yafan Huang be appointed to the Kingston Economic Development Corporation Board of Directors for a term ending December 31, 2019.

xi. Kingston Environmental Advisory Forum

That the following appointments be made to the Kingston Environmental Advisory Forum for the term of Council, ending November 14, 2022: a) Liudmila Aleaga-Aguilera; b) Rachel Askett; c) Adrienne Brown; d) Harry Cleghorn; e) John J Donihee; f) Matthew Eliot; g) Bill Grant; h) Roger Healey; i) Kate Lillicrap;



j) Jim Mahoney; k) Kathryn McCleary; and l) David Stocks.

xii. Kingston Frontenac Public Library Board

That the following appointments be made to the Kingston Frontenac Public Library Board for the term of Council, ending November 14, 2022: a) Judith Brown; b) Janie Jang; c) David Kerr; d) Nico Koenig; e) Kayley Marsh; f) Holly Platz; and g) Monica Stewart.

xiii. Kingston Police Services Board

That Andrea Risk be appointed to the Kingston Police Services Board for a term ending November 30, 2020.

xiv. Milton Cemetery Board

That the following appointments be made to the Milton Cemetery Board for the term of Council ending November 14, 2022: a) A.B. Smith; b) Lisette Westenberg; and c) Hans Westenberg.

xv. Municipal Accessibility Advisory Committee

That the following appointments be made to the Municipal Accessibility Advisory Committee for terms ending November 30, 2019 and November 30, 2020: a) Andrew Ashby (November 30, 2020); b) Caitlin Bruce (November 30, 2020); c) Aimee Burtch (November 30, 2020); d) David Grightmire (November 30, 2020); e) Andrew Jones (November 30, 2019); f) Arthur Laramie (November 30, 2019);



g) Jana Mareckova (November 30, 2019); h) Donald Mitchell (November 30, 2020); i) Leah Riddell (November 30, 2020); j) Sheri Scott (November 30, 2020); k) Nancy Shitta-Bey (November 30, 2019); l) Emily Su (November 30, 2020); m) Nancy Watters (November 30, 2020); n) Shawn Watters (November 30, 2020); and o) David Williams (November 30, 2020).

xvi. North King’s Town Secondary Plan Community Working Group

That the following appointments be made to the North King’s Town Secondary Plan Community Working Group for a term ending November 30, 2019 or the completion of the project: a) Susan Belyea; b) Mary Farrar; c) Ian Fraser; d) Anne Lougheed; e) Greg Tilson; and f) Allen McAvoy.

xvii. Planning Advisory Working Group

That the following appointments be made to the Planning Advisory Working Group for the term of Council ending November 14, 2022: a) Louis Cyr, Rural area; b) Bill Grant, Kingston west urban area; c) Cameron Wathey, Kingston central urban area; d) Peter Burpee, Kingston east urban area; e) Tony Gkotsis, Institutional community; f) Donna Gillespie, Kingston Economic Development Corporation; and g) Paul Martin, Business community.

xviii. Pine Grove Cemetery Board

That the following appointments be made to the Pine Grove Cemetery Board Group for the term of Council ending November 14, 2022:



a) Barbara Kenny; and b) Chris Kenney.

xix. Taxi Commission

That the following appointments be made to the Taxi Commission for a term ending November 30, 2019: a) Sheryl Bond; b) Chloe Draeger; c) Steven Fraser; d) Rod Moffatt; and e) Michael O’Connor.

2. Affirmation of Technical Representative Appointments

That the following Technical Representative appointments be approved: i. Arts Advisory Committee

a) Alicia Boutilier, Arts professional nominated by Board of Kingston Arts Council;

b) Sarah Tsiang, Arts professional nominated by Board of Kingston Arts Council;

c) Laura Scott, Arts professional nominated by Board of Kingston Arts Council;

d) Liz Schell, Community-based arts group representative; and e) Andrea Seepersad; Education sector representative.

ii. Central Kingston Growth Strategy Community Working Group

a) Tony Gkotsis, Queen’s University; and b) Soren Christanson, Student government of Queen’s University



iii. Housing and Homelessness Advisory Committee

a) Peter Clarke, Community Leadership Committee (as established by United Way KFLA); and

b) Jacqueline Collier, Representative from the Kingston Home Builders Association (KHBA); and

c) Ted Smith, Representative from the homelessness service providers (involved with Community Advisory Board on Homelessness).

iv. Kingston Environmental Advisory Forum

a) Aaron Ball, Queen’s University; b) Nathan Splinter, Queen’s University; c) Daniela Loock, Royal Military College of Canada; d) Michael Dakin, Kristen Wozniak (Alternate), Cataraqui Region

Conservation Authority; e) Leanne Addicott; Kingston, Frontenac, Lennox & Addington Health

Unit; and f) David Arnott, Ministry of the Environment and Climate Change.

v. North King’s Town Secondary Plan Community Working Group

a) Laurel Claus Johnson, First Nations Group; b) Lisa Munday, KFL&A Public Health; c) Michael Dakin, Cataraqui Region Conservation Authority; d) Donna Gillespie, Kingston Economic Development Corporation; and e) Melody Knott, Greater Kingston Chamber of Commerce.

The consent of Council is requested for the addition Miscellaneous Business Item 4. Miscellaneous Business 4. That the resignation of Councillor Kiley from the Taxi Commission be received with

regret; and That Councillor ___________ be appointed to the Taxi Commission for a one year

term.

By-Laws

The consent of Council is requested for the addition of the By-Laws (4) and (5)

(4) A By-Law to Amend By-Law Number 8499, “Restricted Area (Zoning) By-Law for The Corporation of The City of Kingston”, as amended, to permit surface parking lots in the



Williamsville Main Street Commercial Zone (C4 zone) as a temporary use for a period of three years Three Readings Proposed Number 2019-006 (Clause 1, Report Number 05)



(5) A By-law to provide for the assumption of the public highways in Lynndenwood Subdivision, Phase 3, Stage 2, part of registered plan 13M-68, in the City of Kingston, in accordance with Section 31(4) of the Municipal Act, Chapter 26, S.O. 2001; and to provide for the acceptance by the City of Kingston, of the associated public works within

Three Readings Proposed Number 2019-007 (Delegated Authority) (See pages 6-7 of the Addendum)

Page 1 of 2 Clause (x) to Report XXX-18-XXX

File Number D14-030-2018

By-Law Number 2018-___

A By-Law to Amend By-Law Number 8499, “Restricted Area (Zoning) By-Law for The Corporation of The City of Kingston”, as amended, to permit surface parking lots in the Williamsville Main Street Commercial Zone (C4 zone) as a temporary use for a period of three years.

Passed: [Meeting Date], 2018

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 of the 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 Corporation of the City of Kingston deems it advisable to amend By-Law Number 8499, as amended, of the as amended, of the former City of Kingston;

And Whereas a Public Meeting was held pursuant to the amendment on November 15, 2018;

Therefore be it resolved that the Council of The Corporation of the City of Kingston determines that no further notice is to be given in respect of this by-law as no substantial changes were made to the amendment after holding the Public Meeting; and

Be it further 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 for The Corporation of the City of Kingston”, as amended, is hereby further amended as follows:

1.1 Replace Section 23C.5 with the following text as the new Section 23C.5:

23C.5 Temporary Use

(T1) Williamsville Main Street

Expires: [Insert date three years from the date of the passing of By-Law Number 2018-___]

Exhibit A

Addendum - Meeting 03 December 18, 2018 1

City of Kingston By-Law Number 2018-__

Page 2 of 2

The lands to which By-Law Number 2018-___ applies may be used for the following uses, in addition to those uses permitted in Section 23C.2:

(a) Permitted Uses

i. Surface parking lot

2. 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.

Given all Three Readings and Passed: [Meeting Date], 2018

John Bolognone City Clerk

Bryan Paterson Mayor

Exhibit A


Page 1

Condominium Agreement

Clause __, Report Number __

This Agreement made in triplicate this ______ day of _____________________, 2019

Between:

Stelmach Project Management LTD. hereinafter referred to as the “OWNER”

of the First Part

- and -

The Corporation of the City Of Kingston hereinafter referred to as the “Municipality”

of the Second Part

Whereas the Owner is the registered owner of the lands known municipally as 630 Princess Street and legally described in Schedule “A” of this Agreement (the “Owner’s Lands”);

And Whereas the Owner has made an application (File Number D07-002-2018) to the Municipality for approval of a Plan of Condominium under the exemption process for a mixed-use building containing a total of 31 residential units and 2 commercial units which have been constructed on the Owner’s Lands (the “Application”);

And Whereas the Owner’s Lands are subject to a Site Plan Control Agreement, dated April 28, 2017, and registered on title May 9, 2017 as Instrument Number FC239293, and a Site Plan Modification Agreement, dated September 14, 2018, and registered on title December 11, 2018 as Instrument Number FC273254;

And Whereas the Municipality is satisfied that an exemption from the provisions of sections 51 and 51.1 of the Planning Act, R.S.O. 1990, c. P.13, as amended, is appropriate;

And Whereas on ________, 2018, City of Kingston Council passed a by-law exempting the Application from the provisions of sections 51 and 51.1 of the Planning Act, and authorized issuing a Certificate of Approval under Section 9 of the Condominium Act, 1998, S.O. 1998, c. 19, as amended;

And Whereas the approval of City of Kingston Council was subject to the Owner entering into a Condominium Agreement with the Municipality, which Agreement is to reference the conditions from the registered Site Plan Control Agreement and Site Plan Modification Agreement and is to be registered against title to the Owner’s Lands to serve as notice to purchasers that the Condominium Corporation will be responsible to fulfill any conditions not completed by the Owner;

Now Therefore This Agreement Witnesseth that in consideration of the approval of the Plan of Condominium and the sum of One Dollar ($1.00), receipt of which is hereby acknowledged, the Owner for itself and for all successors in title, hereby agrees with the Municipality as follows:

1. Prior to the Registration of the Condominium Declaration, the Owner shall submit a written report from a consulting professional (Engineer, Architect, Ontario Land Surveyor) confirming that the mixed-use building containing a total of 31 residential units and 2 commercial units has been completed in conformity with the approved plans and the registered Site Plan Control Agreement and any amendments thereto. Any matters which will not be completed prior to the

Exhibit E


Page 2


registration of the Condominium Declaration and are to be assumed by the Condominium Corporation shall be clearly outlined in writing in the report.

2. Purchasers are hereby advised that this Plan of Condominium is subject to a Site Plan Control Agreement, dated April 28, 2017, and registered on title May 9, 2017 as Instrument Number FC239293, and a Site Plan Modification Agreement, dated September 14, 2018, and registered on title December 11, 2018 as Instrument Number FC273254;. Purchasers are advised that the Condominium Corporation shall be responsible for maintaining the required works as shown on the approved plans listed in the Site Plan Control Agreement and Site Plan Modification Agreement and shall be responsible for completing any required works not completed prior to the registration of the Condominium Declaration.

3. Wherever this Agreement states “the Owner shall…..”, this shall mean at the Owner’s expense.

4. The Owner shall pay to the Municipality all costs associated with the approval and registration of this Agreement, as well as the cost of any grants of easement relative thereto.

5. It is agreed between the parties hereto that every covenant, proviso and agreement herein shall enure to the benefit of and be binding upon the parties hereto, and their heirs, executors, administrators, successors and assigns; that all covenants herein shall be construed as being joint and several and that, when the context so requires or permits, the singular number shall be read as if the plural were expressed, and the masculine gender as if the feminine or neuter gender, as the case may be, were expressed.

In Witness Whereof the parties hereto have affixed their Corporate Seals, under

the hands of their proper signing officers, duly authorized in that behalf.

Signed, Sealed and Delivered ) Stelmach Project Management LTD. in the presence of ) ) ) ________________________________________ ) Troy Stelmach, President I have the authority to ) bind the Corporation ) ) ) ) The Corporation of the City Of Kingston ) ) ) ) __________________________________________ ) Bryan Paterson, Mayor We have the authority to ) bind the Corporation ) ) __________________________________________ ) John Bolognone, City Clerk ) )

Exhibit E


Page 3


SchedulE “A”

The Owner’s Lands

Lots 1 and 2, Plan B14, described as Part 1 on Plan 13R21548; City of Kingston, County of Frontenac

PIN: 36026-0444

Municipal Address: 630 Princess Street

Exhibit E


By-Law Number _____________

A By-law to provide for the assumption of the public highways in Lynndenwood Subdivision, Phase 3, Stage 2, part of registered plan 13M-68, in the City of Kingston, in accordance with Section 31(4) of the Municipal Act, Chapter 26, S.O. 2001; and to provide for the acceptance by the City of Kingston, of the associated public works within. Passed: _____________, 2018 Whereas the owner, J.A. Pye (Ontario) Limited, entered into a Subdivision Agreement with the City of Kingston for Lyndenwood Phase 3, registered as Instrument # FC3061 on June 1, 2005 and an amending Subdivision Agreement, registered as instrument # FC115321 on June 22, 2011; And Whereas the owner, J.A. Pye (Ontario) Limited, has completed the construction of the associated public works for Lyndenwood Subdivision Phase 3, Stage 2, part of Registered Plan 13M-58, based on the subdivision agreement dated June 10, 2005 and amending subdivision agreement dated June 22, 2011, including the streets and the appurtenances thereto in accordance with the terms of the subdivision agreement and any subsequent amendments thereto; And Whereas the subdivision agreement provides for acceptance of these works in whole or in part by the Municipality upon satisfactory completion subject to certain provisions for maintenance as laid out in the subdivision agreement; And whereas the streets in Lyndenwood Subdivision Phase 3, Stage 2, part of Registered Plan 13M-58 are dedicated as public highways and are now vested in the City of Kingston; And Whereas Section 31, Chapter M45 of the Municipal Act, R.S.O. 2001 provides for the assumption of public highways. Therefore be it resolved that the Council of the Corporation of the City of Kingston enacts as follows:


1. That Council authorize the Acting Director of the Engineering Department to issue a “Preliminary Certificate of Approval of the Works” to accept the associated

public works which service Lyndenwood Subdivision Phase 3, Stage 2, part of Registered Plan 13M-58. 2. That Augusta Drive, and part of Crossfield Avenue, as established as a public highway in Lyndenwood Subdivision Phase 3, Stage 2, part of Registered Plan 13M-58 be assumed by the Municipality under Section 31(4), of the Municipal Act, Chapter 25, S.O. 2001. Given First and Second Readings ___________________, 2018 Given third Reading and Passed______________________, 2018 _____________________ ______________________ CITY CLERK MAYOR


Documents

Page 1 of 10 Council Meeting Number 2019-03 Addendum