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Home My WebLink AboutDSD-19-091 - B 2019-013 - 118 Doon Valley DrStaff Report Development Services Department _x wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 4 DATE OF REPORT: April 8, 2019 REPORT NUMBER: DSD -19-091 SUBJECT: Application B2019-013 118 Doon Valley Drive Owner — Owl Properties Inc. Applicant — Kristen Barisdale, GSP Group Approve with Conditions Z 39 35 3d 66 O ! 6 ti626 24 239 34 491 42 3i TO ORCHARD MILL CR ed 78 84 98 3] E, i2 74 TT 49 45 41 45 AMHERST 4.78 81 51 ] 11 15 14 23 27 31 39 41 55 59 50 82 69. ]} TT 81 65 89 54 e6 z1i z 1. m � z15 n is 63 5i 164 69 6] 68 T1 � 39 162 3k .d MITI Green. 71 T9 T2 142 G 83 = 'T6 139 Q 126 898 122 es 96 1 p�JPa'1"�yO¢ � o 9z / 49 90 a 99 98 � 66 46 1D3 84 J � 119 /` V C� IO 42 �. 91 2 yg 1m � 3g V SB 111 Subject Properties: 118 Doon Valley Drive (Severed Lands, Dark Grey) & 69 Amherst (Retained Lands, Light Grey) Report: Over the past several years, Owl Properties Inc. had purchased multiple adjacent properties for the purpose of redevelopment. The Owner submitted an Official Plan Amendment and Zoning By-law Amendment applications for the retained lands. The lands municipally addressed at 118 Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca Doon Valley Drive are not required for future development plans and are proposed to be severed from the balance of the lands. The application proposes to sever a portion of 69 Amherst Drive that has 18.288 metres of frontage along Doon Valley Drive, a width of 10.429 at the proposed rear lot line, a lot depth of 37.849 and 46.340, and a lot area of 572 square metres. Essentially, the proposed severance will re-establish the lot that existed when the dwelling at 118 Doon Valley Drive was originally constructed. A site inspection as conducted on March 22, 2019. Existing Dwelling at 118 Doon Valley Drive Planning Comments: The subject lands are designed as Low Rise Residential in the Official Plan. The City encourages and supports the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. The subject lands are also subject to Specific Policy Area 16 (Lower Doon) which prohibits duplex dwellings and second dwelling units in semi-detached dwellings. The subject property is zoned as Residential Three (R-3) with Special Use Provision 319U in the Zoning By-law 85-1. The Residential Three (R-3) zone permits a variety of low density housing and Special Use Provision 319U prohibits duplex dwellings and second dwelling units in semi-detached dwellings. 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 the configuration of the proposed lots will comply with the regulations of the Residential Three (R-3) zone. Staff is further of the opinion that the proposal is consistent Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that Consent Application B2019-013 requesting consent to sever the subject property be approved subject to the conditions listed in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services has no concerns with the proposed application. Funds for a future sidewalk along the entire severed portion frontage be provided to Engineering. Heritage Comments: Heritage Planning staff has no concern with this application. Engineering Comments: Engineering has no concerns since the dwelling is remaining are no servicing changes are being undertaken. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel. The cash -in -lieu dedication required is $8,408.80 Park Dedication is calculated at 5% of the severed lot only, with a land valuation calculated by the lineal frontage (18.28m) at a land value of $9,200 per frontage meter. Environmental Planning Comments: The applicant is advised that the Tree Management Policy will apply at the time of the redevelopment of the retained lands. Bell Canada Comments: Bell Canada has no concerns with Application for Consent B2019-013 regarding 188 Doon Valley Drive. RECOMMENDATION: That Application B2019-013 proposing to sever a portion of 69 Amherst Drive that has 18.288 metres of frontage along Doon Valley Drive, a width of 10.429 at the proposed rear lot line, a lot depth of 37.849 and 46.340, and a lot area of 572 square metres, be approved subject to the following conditions: 1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies 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. Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca 2. 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. 3. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for a future sidewalk along the entire frontage (18.28m) of the severed portion. 4. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $8,408.80. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner N* Region of Waterloo File No. D20-20/19 KIT April 9, 2019 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. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2019-005, 62019- 006 and B2019-011 to B2019-014 Committee of Adjustment Hearing April 16, 2019 CITY OF KITCHENER B2019-005 and B2019-006 151 Wentworth Avenue Mark and John Benjamins The owner/applicant is proposing a severance to create a new residential lot. An easement is required on the severed lands to provide shared driveway access for each lot. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2971876 Version: 1 B2019-011 75 Tillsley Drive The Governing Council of the Salvation Army in Canada The owner/applicant is proposing to sever the current property into two lots. The retained land would continue to be used for a religious institution while the severed lot would be developed for residential use. Community Planning: Regional Fee Regional Staff acknowledge receipt of the required consent review fee. Archaeological Assessment: Regional Staff require the completion of an Archeological Assessment for the proposed severed property because of the proximity to Known Archaeological Resources (about 75m from the property line) , and its location within a landform associated with the habitation of early peoples on the land. o As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment for the entire severed property, and that any adverse impacts to significant archaeological resources found shall be mitigated, through preservation of the resource and/or removal and documentation, at the expense of the owner. o The applicant must submit the Archaeological Assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the Ministry's acceptance letter and the Assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. o Regional Staff request that if a Stage 3 is recommended by the licensed Archaeologist, that the Region of Waterloo be circulated the Stage 1 and 2 Assessments and be consulted prior to beginning the Stage 3 Assessment. The completed Archaeological Assessment and Ministry Clearance Letter will be required prior to final approval of the Consent Application. Corridor Planning: Access The subject property currently functions with vehicular access locations to both Tillsley Drive and Erinbrook Drive; there is no direct vehicular access to Westmount Road. Regional Staff advise that under future development applications, no vehicular access will be permitted to Westmount Road. Document Number: 2971876 Version: 1 Stormwater Management & Site Grading Regional Staff require a detailed stormwater management will as a condition at Site Plan approval. Staff will require an electronic copy of any stormwater management report/briefing, as requested by the City of Kitchener Engineering Staff, for review and approval as the revised stormwater management and grading for the site development may impact the Westmount Road right of way. The Region will also require an electronic copy of any civil engineering drawings required for the site. Transit Planning Regional Staff acknowledge that there are no transit requirements for the proposed application. However, the owners of severed and retained lots must be made aware that Grand River Transit (GRT) currently operates Route 22 along sections of Tillsley Drive and Erinbrook Drive. With the proposed ION launch GRT will be completing a transit network re -design to better align bus routes with ION rapid transit. For more information regarding the transit network re -design please see the Region's website httips://www.qrt.ca/en/about-qrt/new-directions.asipx In association with transit network re -design, transit stops immediately adjacent to and near -by the subject property will consolidated and re -located to provide enhanced service. This includes the closure of existing transit stops on Tillsley Drive, and re- locating them to Erinbrook Drive. The future transit stop location on Erinbrook Drive may conflict with the proposed vehicular access from the townhouse development to Erinbrook Drive. Regional staff will work with the owner/applicant to ensure that the future transit facilities will integrate with the proposed development. Environmental Noise A detailed environmental noise study will be required to assess the impacts of road traffic from Westmount Road and Erinbrook Drive, and any potential stationary noise sources in the vicinity. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Document Number: 2971876 Version: 1 Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval the owner/applicant submit an Archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 2) That prior to final approval the owner/applicant submit an Environmental Noise Study to the satisfaction of the Region, and if necessary, based on the recommendations of the study enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. B2019-012 53 Lichty Crescent Ray Kraishnik The owner/applicant is proposing a residential severance. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. 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 2019. Document Number: 2971876 Version: 1 In discussions with the City of Kitchener during the pre -submission consultation (January, 2019) a Functional Servicing report is required to ensure the proposed development will be able to meet the required designed fire flows. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the owner/applicant submit a Functional Servicing Report to the satisfaction of the Region. B2019-013 118 Doon Valley Drive Owl Properties Incorporated The owner/applicant is proposing to sever the property at 118 Doon Valley Drive from the larger land holding owned by Owl Properties Incorporated. Community Planning: Regional Fee Regional Staff acknowledge receipt of the required consent review fee. Regional staff has no objection to the application. *k11 pill El I 128 Mill Street Robert Broadfoot The owner/applicant is proposing a residential severance. The existing dwelling will be retained and a new dwelling (duplex) will be built on the new lot. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. 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 Document Number: 2971876 Version: 1 Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Environmental Noise: Regional Staff have reviewed the Rail Noise and Vibration Feasibility study prepared by HGC (March 11, 2019) received with Consent application B2019-014. The study has identified that future rail traffic will exceed MECP guidelines due to the adjacent CN Railway Mainline. Regional Staff have identified these concerns and requested clarification from the acoustic consultant on April 4, 2019. The vibration study will be required to be circulated and reviewed by the appropriate railway authority (CN). Until the identified concerns are provided by the noise consultant; the study has been reviewed and approved by the appropriate railway authorities, and any conclusions are found acceptable to Regional Staff, Consent application B2019-014 cannot be supported. Upon acceptance of the rail noise/vibration study, the recommendations of the study will be required to be implemented through a registered agreement with the City of Kitchener for the severed and the retained lots. Regional Staff strongly recommend that the above Consent application be deferred until the noise and vibration feasibility study is completed to the satisfaction of the Region and the appropriate railway authority (CN). Regional staff cannot support the proposed consent application. 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: 2971876 Version: 1 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street 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, Andrew Herreman, CPT 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 1 Grand River Conservation Authority. Holly Dyson From: Hall, Charleyne <charleyne.hall@bell.ca> Sent: 05 April, 2019 9:16 AM To: Holly Dyson; garrett.stevenson@kitchener.ca Subject: 519-19-193 - Consent Application B2019-013 - 118 Doon Valley Drive Good morning, Bell Canada has no concerns with Application for Consent B2019-013 regarding 188 Doon Valley Drive. Thank you, Charleyne Hall External Liaison Bell Canada Right of Way P: 705-722-2264 F: 705-726-4600 1-888-646-4817 charleyne.hall(a)-bell.ca 140 Bayfield St. Floor 2 Barrie Ontario L4M 3B 1