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HomeMy WebLinkAboutDSD-18-030 - B 2018-031 & B 2018-032 - 25 & 75 Fallowfield DrStaff Report Development Services Department 1 1KR wwwkitch en er. c a 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 51,61--Rd-IMP Pnzr kalhlin 8a6 Yard .. OC}v 0% 351] =' &40GK Y:4NE RA---- 2"1 4ULPNMY HILLS FA%T T POP yn 1` 2 u 4 � u1 13 rot "'�"'"ae,wenn �A��N'Flf I1 _ 56 62 lib 1 7113 ;e k5kr 303.3+I.J BdD -..1-� ..';�rylOC10�06 208 1209i 21 f1 211.., r Ir kr rs 432 J�', llli 213. 9 1Y e !ih i2 3 1 r, ..1118.1921 216 2l4 5f 2 .5256 Ii15 23 121 54 If 60 cr3J/ giDl,12• 222 22 22 '. s 59 k9 i6E D HO iY 1I0 47 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 This ennail has been seannec'i CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. 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