HomeMy WebLinkAboutDSD-19-169 - B 2019-027 - 1340 Fischer Hallman RdStaff Repoil
Development Services Department
www.kitch ever. ca
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
July 16, 2019
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Andrew Pinnell, Planner — 519-741-2200 ex. 7668
WARD:
5
DATE OF REPORT:
July 5, 2019
REPORT #:
DSD -19-169
SUBJECT:
B2019-027 — 1340 Fischer -Hallman Road
Owner — Activa Holdings Inc.
Approve subject to conditions
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Location Subject Property:
1340 Fischer -Hallman Road
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT
Planning Comments:
The subject lands are located on the east side of Fischer -Hallman Road, in the Rosenberg Secondary
Plan Area. Rosenberg Way is planned to be extended into the lands in the future. The subject lands are
currently undeveloped and are within the Strasburg Creek watershed and contain the Main Branch of
Strasburg Creek (including Sunfish Pond), a coldwater stream with a known Brook Trout fishery. The
Strasburg Creek Provincially Significant Wetland Complex (PSW) is also partly located on the subject lands.
The subject lands comprise multiple Official Plan designations, including Natural Heritage Conservation,
Mixed Use Two, Medium Density Residential Two, Neighbourhood Park, and Open Space. Also, the lands
comprise multiple zoning classifications, including Hazard Land (P-3), Restricted Business Park Zone (B-2)
with Special Use Provision 211 U, and Business Park Service Centre Zone (B-3) with Special Use Provision
18U. Planning staff visited the lands on June 19, 2019.
The landowner to the north (owner of 1250-1314 Fischer -Hallman Road) is seeking a legal stormwater
outlet to Strasburg Creek, in order to be able to develop its lands. The lands are subject to a site plan
application to develop a mix of land uses. The City requires that before development proceeds, among
other conditions, a legal stormwater outlet must be obtained.
Accordingly, Activa Holdings Inc. has agreed to support the landowner to the north by requesting consent
to create a stormwater easement over its lands in favour of the lands north of the creek. The purpose of
the easement is to receive stormwater from adjacent lands to the north and permit it to flow through to
the outlet, being Strasburg Creek. The requested easement includes Parts 1, 2, 3, and 4 on the draft
reference plan submitted with the application form. The approximate dimensions of the requested
easement are as follows:
• Total width: 30.98 metres
• Total depth: 69.45 metres
• Total area: 2,093 square metres
The proposed stormwater easement is appropriate, as it allows for the most logical drainage solution.
Through the site plan process, mitigation measures to protect the environmentally sensitive lands will be
employed. The City's Engineering Services supports the easement.
Planning staff recommends that the Consent Application be approved, subject to the conditions
outlined in the Recommendation section of this report.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
Environmental planning issues are being addressed through development applications for 1250-1314
Fischer -Hallman Road.
Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Operations Comments:
This application and easement responds to requirements from Site Plan SP18/083/F/AP and direction
from City of Kitchener planning department in February 2019.
Engineering Comments:
Based on the e-mail sent June 11, 2019 from Engineering, we are satisfied with the location and size of
the easement proposed. Engineering has no further concerns.
RECOMMENDATION
A. That Consent Application B2019-027 requesting consent to create a stormwater easement over
the subject lands, as shown generally as Parts 1, 2, 3, and 4 on the draft reference plan submitted
with the application form, 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 Transfer Easement documents required to create the Easement 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 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 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
4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement
and to immediately thereafter provide copies thereof to the City Solicitor be provided to
the City Solicitor.
Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP
Planner Senior Planner
Attachment
• Appendix A —Draft Reference Plan submitted with Consent Application 82019-027
Appendix A
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Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
*Z11 P111P4.1
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. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
File No. D20-20/19
KIT
July 9, 2019
Re: Comments for Consent Application B2019-025 through
B2019-050 and CC2019-005 to CC2019-007
Committee of Adjustment Hearing July 16, 2019
CITY OF KITCHENER
4283 King Street East
1719288 Ontario Inc.
The owner/applicant is proposing to extend an existing lease.
Regional staff has no objection to the application.
4285 King Street East
1719288 Ontario Inc.
The owner/applicant is proposing to extend an existing lease.
Regional Staff has no objection to the application.
Document Number: 3051281 Version: 1
B2019-027
1340 Fischer -Hallman Road
Activa Holdings Inc.
The owner/applicant is proposing a consent application to create a stormwater
easement for the purpose of receiving stormwater from the adjacent lands to the north
and permitting it to flow through to the outlet (Strasburg Creek).
Regional Staff has no objection to the application.
B2019-028
37 Heiman Street
Kiah Group Inc. c/o Sean O'Neill
The owner/applicant is proposing a lot severance. The Committee of Adjustment
previously granted provisional consent approval to create this lot in March 2018 via
application B2018-023.
Regional Comments:
Community Planning:
Regional Staff require the owner/applicant to submit the required consent review fee of
$350.00 for the creation of a new lot.
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.
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.
B2019-029
4278 King Street East
Sportsworld Crossing Inc.
The owner/applicant is proposing to a lot severance. The proposed severed lot will
include the existing office building and parking lot and the proposed retained lot will
remain vacant for future commercial uses. The owner/applicant also requires an
easement for shared use of the existing driveway.
Document Number: 3051281 Version: 1
Regional Comments:
Community Planning:
Regional Staff require the owner/applicant to submit the required consent review fee of
$350.00 for the creation of a new lot.
Noise:
The owner/applicant will be required to enter into an agreement with the Region to
submit a detailed Environmental/Stationary Noise Study and secure its implementation
prior to Site Plan approval for any proposed development on the retained lands (Parcel
B).
The Assessment must address the possible impact of road traffic on any proposed
development. In addition the Assessment must address the possible impact generated
by the proposed development on all noise -sensitive uses in the vicinity and on the
development itself, as well as any off-site noise sources identified by the noise
consultant that may have an impact on the proposed development.
The owner/applicant is required to enter into an agreement with the Region to complete
the noise study prior to Site Plan and once approved amend/enter into a new
agreement to implement the recommendations of that study.
Regional Road Dedication:
While no further road widening dedication is required along Regional Road 08 (King
Street East) in accordance with the designated road width provided in Schedule `A' of
the Regional Official Plan (ROP), please be advised that the King Street East corridor
has been identified as the Region of Waterloo Council Endorsed, Preferred Option for
Stage 2 of the Region's Light Rail Transit (ION). Under the ION Stage 2 re -construction
process, further property dedications may be required in association with that project.
For more information regarding the Region of Waterloo ION Stage 2 project please
consult the Region of Waterloo website.
(https://rapidtransit. regionofwaterloo.ca/en/stage21ON/stage2ion.asp)
Access Permit/TIS/Access Regulation:
The subject property currently has a right -in, right -out vehicular access to King Street
East which also connects internally to the #4220 King Street East property.
A new mutual shared access at the northwest property limits along with a mutual shared
access easement between the properties owners intended to use the new relocated
access will be required. The existing right -in, right -out access on King Street East will be
closed.
Document Number: 3051281 Version: 1
A Regional Road Access Permit application with an application fee of $230 will be
required for the proposed access re -location and the closure of the existing access. The
access permit application is available at:
https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf.
No other direct access to King Street East would be allowed to the retained lands.
Regional Road Reconstruction — Please be advised that this section of King Street East
is scheduled for re -construction in 2021 & 2022 according to the Region of Waterloo 10 -
Year Transportation Capital Program. For more information on this project please
contact Mr. William Gilbert at 519-575-4603.
Stormwater Management:
Regional Staff would note that a detailed SWM management report would be required
for any development on the proposed severed and retained lots.
Regional staff has no objection to the applications, 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 enter into an agreement with the
Region of Waterloo to submit a detailed Environmental and Stationary Noise
Study prior to Site Plan approval for any proposed development on the retained
lands.
3) That prior to final approval, the owner/applicant obtain an access permit(s) to the
satisfaction of the Region of Waterloo.
B2019-030 and B2019-031
452 and 256 Prospect Avenue
William Wirtz
The owner/applicant is proposing to sever the rear yard of 452 Prospect Avenue and
add the severed portion to 456 Prospect Avenue. Then owner/applicant also would
simultaneously sever the rear yard of 456 Prospect Avenue, including the added portion
to create a new lot fronting on Broadview Avenue.
Regional Comments:
Community Planning:
Regional Staff require the owner/applicant to submit the required consent review fee of
$350.00 for the creation of a new lot.
Document Number: 3051281 Version: 1
Regional staff has no objection to the applications, 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.
B2019-032 to B2019-042
78, 84, 86, 94, 104, 112, 114,
Activa Holdings Inc.
122 Monarch Woods Drive
The owner/applicant is proposing easements to provide access to the rear yard for
residents.
Regional staff has no objection to the applications.
B2019-043 to B2019-050
110, 116, 118, 124, 126, 132,
Activa Holdings Inc.
134,140 Ian Ormston Drive
The owner/applicant is proposing easements to provide access to the rear yard for
residents.
Regional staff has no objection to the applications.
CC2019-005 to CC2019-007
25 and 31 Fourth Avenue
Lino and Angela Santarosa
The owner/applicant has requested revisions to the proposed conditions as a result of
the current ownership of the subject parcels and the timing of clearing certain
conditions. The proposed consent applications are to facilitate future development plans
for the two existing lots to become four lots. In order to close proposed transactions,
the conditions of approval are required to be amended.
Regional Comments:
Regional Staff have no concerns as the proposed changes are to City of Kitchener
conditions. Regional Staff had no concerns with the proposed applications B2019-002
to B2019-004 and the Regional condition for the consent review fee is not proposed to
be changed.
Regional staff has no objection to the subject applications.
Document Number: 3051281 Version: 1
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: 3051281 Version: 1
P1
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2319
Fax: (519) 621-4945
E-mail: thughes@grandriver.ca
DATE: YOUR FILE: GRCA FILE:
July 5, 2019 B 2019-027 B2019-027 — 1340 Fischer
Hallman Rd
RE: Application for Consent B 2019-027
1340 Fischer Hallman Road, City of Kitchener
Activa
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted consent
application. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at our office indicates that a portion of the property is
regulated due to Strasburg Creek, the floodplain of Strasburg Creek, slope erosion hazards,
Provincially Significant Strasburg Creek Wetland Complex and the associated allowances to
these features. The area of the proposed easement is within the regulated area due to the
features noted above.
2. Legislative/Policy Requirements and Implications:
Due to the above features, a portion of the property is regulated by the GRCA under Ontario
Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines
and Watercourses Regulation.
It is our understanding that the applicant is proposing an easement on the property for
stormwater to flow from an outlet on the adjacent property (1314 Fischer Hallman Road) to
Strasburg Creek. We have not reviewed the final stormwater management strategy for the
adjacent property, so we trust that adequate flow width has been determined for the
easement. The final stormwater management strategy for the adjacent property will be
reviewed through the site plan application process, and a permit from GRCA will be required
prior to any development within the regulated area on the adjacent property (e.g.
development of the outlet).
As no new development is being proposed within the easement and the property boundaries
are not being changed, we have no objection to the proposed easement shown on the Plan
of Survey prepared by Speight, Van Nostrand & Gibson Limited (no date). As this property
contains GRCA regulated area, GRCA staff will participate in the review of future
applications on this property.
Please note that any future development proposed within GRCA regulated areas will require
prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation
150/06.
Pagel of 2
3. Plan Review Fees:
The GRCA applies Plan Review Fees for Planning Act applications located within GRCA
areas of interest. This application is considered a `minor' consent application. Typically, we
would charge the applicant the applicable Plan Review Fee. However, we understand that
this easement is to facilitate development on the adjacent property, which we have reviewed
and collected fees for under a `Major' zone change application. As such, we will not charge
for review of this application.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
cc: Activa, 55 Columbia Street East, Suite 2, Waterloo, ON N2J 4N7
Jeffrey Marshall, ONE Properties, 333 Bay Street, Suite 2710, Toronto, ON M51-1 2R2
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority
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