HomeMy WebLinkAboutDSD-18-030 - B 2018-031 & B 2018-032 - 25 & 75 Fallowfield DrStaff Report
Development Services Department
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REPORT TO:
Committee of Adjustment
DATE OF MEETING:
May 15, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Catherine Lowery, Junior Planner, 519-741-2200 ext. 7071
WARD:
3
DATE OF REPORT:
May 7, 2018
REPORT #:
DSD -18-030
SUBJECT:
B2018-031 and B2018-032 — 25 and 75 Fallowfield Drive
Applicant — David Galbraith, IBI Group
Approved with Conditions
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Location Map: 25 and 75 Fallowfield Drive
RECOMMENDATION
I. That application B2018-031, requesting consent to sever an approximately 2,823 square
metre parcel of land with approximately 31.2 metres of frontage on Fallowfield Drive from the
property addressed as 75 Fallowfield Drive to be conveyed as a lot addition to the property
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
immediately to the west addressed as 25 Fallowfield Drive, be approved as outlined in
Appendix `A'.
II. That application B2018-032, requesting consent to create a mutual access easement in
favour of the both the severed and retained parcels, as shown on the plan submitted with the
application, and to create a mutual servicing (stormwater) easement in favour of both the
severed and retained parcels, as shown on the plan submitted with the application, be
approved as outlined in Appendix `A'.
REPORT
Planning Comments:
The subject properties are designated Medium Rise Residential in the City's Official Plan and zoned
currently Residential Six Zone (R-6) in Zoning By-law 85-1. The properties are currently subject to Zone
Change Application ZC17/006/F/AP, which proposes to re -zone 25 Fallowfield Drive (including the
lands to be conveyed through the lot addition) to R-6 with a special regulation and 75 Fallowfield Drive
to R-8 with a special regulation. The properties are currently vacant and proposed for redevelopment of
townhouses at 25 Fallowfield Drive and two multiple dwelling buildings at 75 Fallowfield Drive. Site plan
applications for both properties have been submitted and have received Approval in Principle
(SP17/002/F/AP and SP17/047/F/AP).
The Applicant is proposing to sever a portion of 75 Fallowfield Drive to be added as a lot addition to the
adjacent property, 25 Fallowfield Drive (132018-031). Further, the Applicant is proposing to create
mutual easements in favour of both properties for the purpose of a shared driveway and stormwater
services (132018-032).
The subject application has been considered under the policies of the City's 2014 Official Plan. Where
policies are under appeal and there is a direct co -relation to policies of the 1994 Official Plan, staff
refers to the former policies. The properties are designated Medium Rise Residential in both the 1994
and 2014 Official Plans. The intent of the Medium Rise Residential designation in both plans is to
accommodate a range of housing types, favouring a mix and integration of different forms of housing to
achieve a medium overall intensity of use.
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the
City's Official Plan and will allow for orderly development that is compatible with the existing
community. The severed and retained lots comply with the regulations of the current Residential Six
(R-6) zoning, and the Residential Eight (R-8) zoning proposed for 75 Fallowfield Drive. The dimensions
and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the
lands front on an established public street, and both parcels of land can be serviced with independent
and adequate service connections to municipal services. Furthermore, the proposed easements for
stormwater servicing and driveway access are appropriate as they allow for mutually beneficial access
and servicing rights and will allow the resultant parcels to function in an orderly manner following the
severance. Lastly, Staff is of the opinion that the proposal is consistent with the Provincial Policy
Statement and conforms to the Growth Plan for the Greater Golden Horseshoe.
City Planning staff conducted a site inspection of the property on April 13, 2018.
25 and 75 Fallowfield Drive
Based on the foregoing, Planning staff recommends that Consent Applications B2018-031 requesting
consent to sever an approximately 2,823 square metre parcel of land with approximately 31.2 metres of
frontage on Fallowfield Drive from the property addressed as 75 Fallowfield Drive to be conveyed as a
lot addition to the property immediately to the west addressed as 25 Fallowfield Drive, and B2018-032
requesting consent to create a mutual access easement in favour of the both the severed and retained
parcels and to create a mutual servicing (stormwater) easement in favour of both the severed and
retained parcels, be approved, subject to the conditions outlined in Appendix 'A' attached to this report.
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will also be required for construction of new
residential buildings
Engineering Comments:
An easement is required for the entire length of the 300mm proposed storm service on the retained
property in favour of the severed property. The City of Kitchener will not be party to this easement. The
easement must be the greater of twice the depth of the service or 5.0m. Engineering and site servicing
drawings approved by Engineering Services are required prior to approval of easement location.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
Operations Division Comments:
Park land dedication will not be required on the severed parcel, as no new development lot will be
created as a result of the severance.
Heritage Comments:
No heritage planning concerns.
Environmental Planning Comments:
As the application is for a lot addition and creation of an easement for which site plan Approval in
Principle has already been granted, Environmental Planning comments have been or will be addressed
through the site plan process.
Catherine Lowery, BES, MCIP, RPP Juliane von Westerholt, MCIP, RPP
Junior Planner Senior Planner
APPENDIX `A'
That application B2018-031, requesting consent to sever an approximately 2,823 square
metre parcel of land with approximately 31.2 metres of frontage on Fallowfield Drive from the
property addressed as 75 Fallowfield Drive to be conveyed as a lot addition to the property
immediately to the west addressed as 25 Fallowfield Drive, be approved subject to the
following conditions:
1. That Application B2018-032 receive full and final approval;
2. That the Owner provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one
full size paper copy of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping
Technologist.
3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
4. That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include that
any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3)
and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
5. That the Owner's Solicitor shall provide a Solicitor's Undertaking to register an
Application Consolidation Parcels immediately following the registration of the
Severance Deed and prior to any new applicable mortgages, and to provide a copy of the
registered Application Consolidation Parcels to the City Solicitor within a reasonable
time following registration.
II. That application B2018-032, requesting consent to create a mutual access easement in
favour of the both the severed and retained parcels, as shown on the plan submitted with the
application, and to create a mutual servicing (stormwater) easement in favour of both the
severed and retained parcels, as shown on the plan submitted with the application, be
approved subject to the following conditions.
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following and shall be approved by the City Solicitor in
consultation with the City's Director of Planning:
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released or
otherwise dealt with without the express written consent of the City.
2. That the Owner provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one
full size paper copy of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping
Technologist.
3. That the Owner obtains approval of all Engineering and servicing plans required for the
proposed development of the severed and retained lands, including the recipient parcel,
to the satisfaction of the Director of Engineering Services, prior to deed endorsement.
Region of Waterloo
File No. D20-20/18 KIT
May 4, 2018
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
Re: Comments for Consent Applications
B2018-031 and B2018-032
Committee of Adjustment Hearing May 15, 2018
CITY OF KITCHENER
B 2018-031 and B 2018-032
25 and 75 Fallowfield Drive,
Drewlo Holdings Inc. c/o George Bikas
The applicant is proposing to develop the subject properties to accommodate a mixed
residential development. In order to advance the two (2) Site Plan applications
proposed for the subject property, the applicant is submitting a consent application to
add a portion of the existing Block 3 to Block 2 to be used in the future townhouse
development on Block 3. In addition, the application includes establishing easements for
the provision of services and a shared/common access from Fallowfield Drive.
Corridor Planning:
An environmental Noise Study (Fallowfield Development Block 2 and 3, Kitchener,
Ontario Acoustical Study, dated April 23, 2018) has been completed by the IBI Group
and recently submitted to the Region of Waterloo for review. Formal comments
regarding the updated Environmental Noise Study will be provided under separate
cover. As anchored in a previous Plan of Subdivision application, the owner/applicant is
required to complete an Environmental Noise Study at the Site Plan stage for each
Block of the subject property. The Environmental Noise Studies completed to date are
Document Number: 2716972
in association with the Site Plans for the subject property (SP17/002/F/AP &
SP 17/047/F/AP).
The recommendations from the final Environmental Noise Study and any required
agreements must be completed prior to the clearance of Regional conditions for the Site
Plan applications. It is recommended that the City of Kitchener consider completing any
required agreements in association with these Consent applications.
Water Services:
The subject property is located in Kitchener Zone 4, with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2018.
Regional staff has no objection to the application subject to the following
condition:
1) That prior to final approval, the applicant submit an Environmental Noise Study
for each block of the subject property to the Region of Waterloo, City of
Kitchener, and CNR for review and approval, and, if necessary, based on the
recommendations of the study, enter into a Registered Development Agreement
with the City of Kitchener to implement the recommendations of the study.
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above.
Should you require Regional Staff to be in attendance at the meeting or have any
questions, please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley
Planner
Document Number: 2716972
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: May 7, 2018
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
YOUR FILE: See below
RE: Applications for Minor Variance:
A 2018-043
51 Chestnut Street
A 2018-044
1275 Bleams Road
A 2018-045
46 Paige Street
A 2018-046
671 Glasgow Street, Unit 7
A 2018-047
1402-1430 Highland Road West
A 2018-048
624 King Street West
A 2018-049
268 Frederick St
Applications for Consent:
B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
'4k i"_
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i
Grand River Conservation Authority.
Holly Dyson
From: Mustafa, Shevan <SMustafa@kwhydro.ca>
Sent: 08 May, 2018 1:21 PM
To: Holly Dyson
Subject: Committee of Adjustment
Hello Holly,
"The Applicant/Authorized Agent should be aware that KWHI has overhead distribution lines (on Blockline
Road) for below applications to ensure compliance with all applicable standards and regulations, a minimum
horizontal distance (setback) of 4.5m is required from the projection of the outermost powerline or 5.5m from
the centre line of each pole".
B 2018-031
Note
The values takes into consideration:
• The maximum distance a KWHI typical powerline may swing (1.5m) during windy condition.
• 3.Om minimum working distance per OHSA
• Framing on 7'-6" cross -arm. Outer wire is attached approximately 3'-6" (-1 m) from centre of pole.
• If pole line is framed using 9'-6" cross -arm, the distance from centre of pole should be adjusted
accordingly. That is, 6.Om from centre line of pole.
Regards,
Shevan Mustafa, P.Eng
Distribution Engineer
Kitchener -Wilmot Hydro Inc.
301 Victoria St. South
Kitchener, ON N2G 4L2
Phone: (519) 745-4771 EXT. 6399
Fax: (519) 745-0643
Email: smustafa@kwhydro.ca
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