HomeMy WebLinkAboutDSD-19-089 - B 2019-011 - 75 Tillsley DrStaff Repod
Development Services Department
I
www.kitchen er. 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:
Andrew Pinnell, Planner— 519-741-2200 ext. 7668
WARD:
6
DATE OF REPORT:
April 11, 2019
REPORT #:
DSD -19-089
SUBJECT:
Application No. B2019-011
Address: 75 Tillsley Drive
Applicant: GSP Group Inc. (c/o Hugh Handy)
Owner: The Governing Council of the Salvation Army in Canada
Summarized Recommendation: Approve Subject to Conditions
REPORT
Planning Comments:
The subject lands are bounded by Westmount Road to the west, Tillsley Drive to the north, Erinbrook
Drive to the east, and are located in the Country Hills West Planning Community. The lands immediately
to the south, and on the opposite side of Erinbrook Drive, contain a low rise residential subdivision. The
Village of Winston Park long-term care and retirement facility is located on the opposite side of Tillsley
Drive. Lands on the opposite side of Westmount Road to the southwest contain low rise commercial
development, while lands to the northwest contain low rise residential development.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The Salvation Army Kitchener Community Church and associated parking are located on the northern
portion of the subject lands, while the southern portion contains open space that is currently used for a
community garden, community skating rink, and landscaped area. The subject lands are comparatively
large for an urban lot at 2.6 hectares (6.5 acres) in area.
The lands are designated Institutional on the Land Use map of City's Official Plan, and are designated
Community Area on the Urban Structure map. The lands are presently zoned Community Institutional
Zone (1-2), with Special Regulation Provision 222R and Special Use Provision 217U. Planning staff visited
the property on February 15, 2019.
In March 2019, the applicant requested consent to create a new lot for multiple residential development
(i.e., a 3 -storey, 44 dwelling unit multiple dwelling) on the southern portion of the subject lands, as shown
on the Sketch showing Proposed Severance provided with the application form. However, through the
review of the application, Planning staff determined that the subject property is not 1 lot, but actually 2
blocks on a registered plan of subdivision:
1. Block 128, Registered Plan 1819 — vacant parcel used for community garden, community skating
rink, and landscaped area
2. Block 129, Registered Plan 1819 — contains the existing church and associated parking
Consequently, to accomplish the applicant's intended purpose, consent for a lot addition is required,
rather than consent to create a new lot (otherwise a redundant third parcel would be created between
the parcel containing the church and the one proposed to be developed for multiple residential use).
Accordingly, the applicant has amended the consent request, as shown on the attached Sketch showing
Proposed LotAddition, prepared by ACI Survey Consultants, dated April 11, 2019 (attached). The intent
and purpose of the application remains the same, though technical request has been amended, as
follows:
• to sever a rectangular parcel of land with an approximate lot width of 19.0 metres, a depth of
140.1 metres, and an area of 2,651 square metres, from the parcel of land described as Block
128, Registered Plan 1819, and convey it to the parcel of land described as Block 129, Registered
Plan 1819 (recipient parcel), as a lot addition.
The vacant severed parcel would be added to the recipient parcel containing the church to form a
resultant parcel with an approximate lot width of 86.6 metres, a depth of 140.0 metres, and an area of
1.61 hectares. The retained parcel proposed to be developed for multiple residential use would have an
approximate lot width of 71.5 metres, a depth of 140.1 metres, and a lot area of 1.03 hectares.
No minor variances are required to facilitate the requested lot addition. In the future, in order to develop
the proposed multiple residential use on the retained lands, the applicant would be required to submit
and obtain approval of a site plan application.
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, the uses of the resultant parcels conform to the City's Official Plan per Section 24(4) of the
Planning Act, the dimensions and shapes of the resultant parcels are appropriate and suitable for the
existing and proposed uses, the resultant parcels front onto established public streets, and the resultant
parcels will be serviced with independent, adequate municipal service connections. The requested
consent for lot addition will allow the creation of a new lot for appropriate residential intensification and
will ensure that the existing church continues to function effectively.
Planning staff recommends approval conditions to require a revision to the approved Site Plan for the
church on the recipient parcel, to reflect the lot addition; to require the severed parcel to merge with the
recipient parcel; and to remove any 0.3 metre reserves from the frontage of the retained property.
Based on the foregoing, Planning staff recommends that the subject application be approved, subject
to the conditions outlined in the Recommendation section of 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. Should a severance be approved, additional services will be required for severed
lot — a building permit will be required for this work. Separate building permit(s) will also be required for
construction of new building
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Engineering Services Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new ones that may be required to service this property, all prior to severance
approval. Our records indicate sanitary, storm and water municipal services are currently
available to service this property. Any further enquiries in this regard should be directed to Katie
Pietrzak (519-741-2200 ext. 7135).
• Any new driveways are to be built to City of Kitchener standards. All work is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system and proposed easements will
be required to the satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.)
with corresponding layer names and asset information to the satisfaction of the Engineering
Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Environmental Planning Comments:
No natural heritage concerns.
Heritage Comments:
No heritage planning concerns.
Operations Comments:
No parkland dedication is required for this application since it was previously taken through the original
subdivision process.
Region of Waterloo Comments:
To be provided under separate cover. Planning staff understands that the Region may require as
approval conditions: 1) submission of an Archaeological Assessment report and acceptance letter from
the Ministry, and 2) submission of an Environmental Noise Study and registration of an associated
agreement.
RECOMMENDATION
That Consent Application B2019-011, requesting consent to sever a parcel of land with an
approximate lot width of 19.0 metres, a depth of 140.1 metres, and an area of 2,651 square metres,
from the parcel of land described as Block 128, Registered Plan 1819, and convey it to the parcel
of land described as Block 129, Registered Plan 1819, as a lot addition, as shown on the Sketch
showing Proposed Lot Addition, prepared by ACI Survey Consultants, dated April 11, 2019, be
approved, subject to the following conditions:
1. 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(ies) to the satisfaction of the City's
Revenue Division.
2. 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.
3. That the lands to be severed be added to the abutting lands described as Block 129,
Registered Plan 1819, 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.
4. 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.
5. That the owner shall submit a complete Site Plan Application to revise the existing Site Plan
and associated Section 41 Development Agreement for the church on the recipient parcel, to
the satisfaction of the City's Manager of Site Development and Customer Service, or
otherwise receive an exemption from this requirement from said Manager. This Site Plan
Application shall involve, at minimum, the removal of the retained lands from the plan, but
may include revisions to the building, parking, or loading, etc. related to the church.
6. That the shall owner make financial arrangements, to the satisfaction of the City's
Engineering Services, for the installation of all new service connections (i.e., sanitary,
storm, and water) to the severed lands and, if necessary, also to the retained lands.
7. That the owner prepare a servicing plan showing outlets to the municipal servicing system,
to the satisfaction of Engineering Services.
8. That the owner prepare and submit a Development Asset Drawing (AutoCAD format) for
the site (e.g., servicing, stormwater management, etc.) with corresponding layer names
and asset information, to the satisfaction of the City's Engineering Services.
9. That the owner make request of and obtain approval from the appropriate authority to
remove any existing 0.3 metre reserves along the frontage of Erinbrook Drive from the
retained lands.
Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP
Planner Senior Planner
Attachment
• Sketch showing Proposed Lot Addition, prepared by ACI Survey Consultants, dated April 11,
2019.
Sketch showing Proposed LotAddition, prepared by ACI Survey Consultants, dated April 11, 2019
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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.
Bell Canada Tel: 705-722-2264
Right of Way Fax: 705-722-2263
Floor 2, 140 Bayfield Street E-mail: charleyne.hall @ bell.ca
Barrie, Ontario
L4M 3131
April 10, 2019
City of Kitchener
200 King Street West
Kitchener, Ontario
N2G 4G7
E-mail Only: Holly Dyson — holly.dysonOkitchener.ca
Subject: Application for Consent B2019-011
75 Tillsley Drive
Kitchener
Bell File: 519-19-191
Thank you for your correspondence.
Subsequent to review by our local engineering department, Bell Canada has identified that we require
protection for existing facilities.
On the attached sketch, the blue line indicates the approximate location of active, critical infrastructure.
Located on the property of 75 Tillsley, Bell Canada's facilities provide essential access to the network. Of
major concern is the ability to access our equipment, particularly in the event of an interruption or
emergency that would require Bell Canada to restore service to regular telephone lines, alarm services,
internet access, and most importantly ensure the continuity of 911 service.
Bell Canada requests a 3m wide strip to measure 1.5m on either side of the buried installation, as
reasonably permitted. In regards to the buried plant, it may be necessary for a surveyor to arrange for a
cable locate to identify its precise location.
Since the intention of the requested easement is to protect the integrity of the existing facilities and
preserve many services, we request that the cost associated with registration be the responsibility of the
landowner.
We hope this proposal meets with your approval and request a copy of the decision. Should our request
receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and
accompanying draft easement documents for our approval prior to registration, along with an
acknowledgement and direction for our execution.
If you have any questions or concerns, please feel free to contact me.
Sincerely, to
Charleyne Hall
Right of Way Associate
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