HomeMy WebLinkAboutDSD-20-097 - CC 2020-001 - 75 Tillsley DrStaff Report
Development Services Department
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REPORT TO:
Committee of Adjustment
DATE OF MEETING:
August 18, 2020
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668
WARD:
6
DATE OF REPORT:
August 6, 2020
REPORT #:
DSD -20-097
SUBJECT:
Application No. CC2020-001
Address: 75 Tillsley Drive
Applicant: GSP Group Inc. (c/o Kristen Barisdale)
Owner: The Governing Council of the Salvation Army in Canada
Summarized Recommendation: Approve
REPORT
Planning Comments:
On April 16, 2019, the Committee of Adjustment conditionally approved Consent Application B2019-011
for the lands municipally addressed as 75 Tillsley Drive. The purpose of the application was to adjust
the two abutting subdivision blocks owned by the Salvation Army, by increasing size of the block
containing the church building (northern portion of the lands), and reducing the size of the block to be
sold for residential development (southern portion of the lands).
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After conditional approval was granted by the Committee, it was determined, that the wording of
Conditions 3 and 4 would prohibit the land transaction being sought by the applicant. Discussions
between City staff and the applicant ensued, and it was determined that by amending these two
conditions, the applicant would be able to complete the land transactions. Accordingly, the applicant
submitted the subject Change of Conditions Application. The amended condition wording has been
agreed upon by City staff and the applicant (and counsel for both parties).
Planning staff recommends that Conditions 3 and 4 be amended, as outlined in the Recommendation
section of this report.
The requested change to conditions is minor in accordance with Section 53(26) of the Planning Act and
no written notice is required or will be provided.
It should be noted that Planning staff visited the property on June 16, 2020.
RECOMMENDATION
That the application of The Governing Council of the Salvation Army in Canada requesting
permission to change the conditions of provisional consent for Consent Application B2019-011,
to delete existing Condition 3 and replace with the following:
3. That the owner shall enter into an Agreement with The Corporation of the City of Kitchener,
to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director of
Planning, and registered on title to the "Severed Lands" (being Part 1 and Part 2 on
Reference Plan 58R-20691) and Block 129, Plan 1819, to provide the following:
a. That title to the Severed Lands and Block 129, Plan 1819 shall at all times be maintained
in identical ownership and said lands shall be treated as one lot or parcel with respect
to the Planning Act and neither of the Severed Lands or Block 129, Plan 1819, shall be
separately conveyed, or otherwise dealt with, without the prior consent of The
Corporation of the City of Kitchener, with the criteria for granting or withholding such
consent to be the applicable considerations to be applied if a consent for severance
was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that
statute applied to such conveyance or dealing; and
b. That the Transfer/Deed to effect the severance contemplated herein (being a transfer
of Part 3, Part 4 and Part 5 on Reference Plan 58R-20691) shall be approved as to form
and content by the City Solicitor and the owner's solicitor shall provide an Undertaking
to the City Solicitor to register the approved form of Transfer and thereafter provide a
copy of the registered Transfer to the City Solicitor.
And add additional wording to the end of existing Condition 4, as outlined below:
In the event that the approved form of Transfer and/or Agreement registered pursuant to
Condition 3 of this Decision renders the Application to Consolidate redundant, the
requirement for the solicitor's Undertaking may be waived and this Condition cleared by
and at the discretion of the City Solicitor,
Be approved.
Andrew Pinnell, MCIP, RPP
Senior Planner
Attachment-
• Decision B2019-011
Juliane von Westerholt, MCIP, RPP
Senior Planner
COMMITTEE OF AD.JUSTNEW
FOR THE
CITY OF KITCHENER
IIN THE MATTER OF the application to the Comm ittee of Adjustment for the
City of Kitchener, by;
Appliicangs): GOVERNING GOUNGIL OF THE SALVATION ARMY IN
CANADA
Submission No.. B 2019-011
This matter having been heard on the 16th day of April, 2019, and due Notice of Hearing having
been givers in accordance with the Rules of Procedure adopted by this Committee, the Committee
of Adjustment for the City of Kitchener hereby renders the following DECISION:
That the application of the GOVERNING COUNCIL OF THE SALVATION ARMY IN CANADA
requesting permission to surer a parcel of land having a width on Erinbrock Drive of 19m, a depth
of 140,1 m and an area of 2,651 sq,me to be conveyed as a lot addition to the parcel of land described
as Blook 129, Registered Plan 1819, on Blocks 128 &, 129, Registered Plan 1819, 75 Tillsley Drive,
Kitchener, Ontario, 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 Laud Surveynr in PDF and either "g (Ai,Itor'ad) or .drgn (Micrestation) format, as
well as two full sized paper copies of the plans)_ 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 Teehno.logist_
3. That the lands to be severed be added to the abutting lands described as Block 129,
Registered Flan 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) andlor (b) of the Planning Act, R.S-O. 1990, c. PA 3,
as amended,
4. That the owner's Sollator 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.
That the owner shall submit a complete S to flan 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 Flan
application shall invoice, at minimum, the removal of the retained lands from the plan, but 'nay
include revisions to the building, parking, or loading, etc_ related to the church.
6, That the owner shall make financial arrangements, to the satisfaction of the CRyr's Engineering
Services, for the installation of all nein service connections ( .e., sanitary, -storm, and water) ;o
the severed lands and, if necessary, also to the retained lands,
...2
Submission No.: B 2019-111 (Cont'd
7. That the owner shall prepare a servicing plan showing outlets to the municipal servicing
system, to the satisfaction of Engineering Services_
That the yawner shall 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 shall make request of, and obtain approval, from the appropriate authority to
remove any existing 0.3 metre reserves along the frontage of Erin6rook Drive fro -n the
retained lands.
10. That the owner shall submit an Arch aeologicaI Assessment re pert to the Ministry of Culture,
Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance Fetter
and assessment report to the Region of Waterloo's Planning, Development and Legislative
Services Department,
It- That the Downer shall submit an Environmental Noise Study to the satisfaction of the Region
of Waterloo and if neoessaryf, 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.
MI
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It is the opinion of this Committee that:
A plan of subdivision is ni neuessary for the proper and orderly development of the municipality.
The requirements of the Zoning By-law are being maintained on the severed lands and the
retained lands.
3, The use of the land in the application conforms to the City of Kitchener Municipal Plan and the
Regional Official Policies Plan.
Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and
taken into account as part of the Committee's decision -matting process with respect to the subject
application. For more information please review the meeting minutes, which are available on the
City's website at www. kitcbener_ya
Pursuant to Subsectioan 41 of Section 53 of the Planning Act, the applicant 0a11 fulfil the above -noted
conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection d3 of Section 53 of the Planning Act, the decision of this Committee shall lapse
two years from the date of approval, being April 16, 2921.
Signed at the City of Kitchener this 16th day of April, 2019.
Last Date for Appeal of Decision: May 16, 2019
Date of Mailing Notice of Decision: April 215, 2019
Fast Gate for Fulfilling Conditions= April 26, 2020_
I certify the foregoing to he a true an
Committee of Adjustment for the City
application.
CL.31
CHAIR
MEMBER
MEMBER
MEMBER
MEMBER
d correct copy of the Decision of thr;
of Kitchener in the above mentioned
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment
Region of Waterloo
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 Bth Floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/20 KIT
July 14, 2020
Re: Comments for Consent Application B2020-020 to 62020-
025 and CC2020-001
Committee of Adjustment Hearing TBD
CITY OF KITCHENER
940-948 Chapel Hill Court and 17 Stafford Lane
Crescent Homes and Cailin and Blake Hill
The subject lands are located in Doon South and the properties on Chapel Hill Court are
currently vacant and are proposed to be developed with one single detached dwelling
on each lot. 17 Stafford Lane is a residential lot with an existing dwelling and shed.
The owner/applicant is proposing lot line adjustments and a land conveyance that would
allow the land owners of 17 Stafford Lane to maintain ownership of the tree line
between their property and the abutting residential lots at 944 and 948 Chapel Hill
Court. In exchange there would be an increase in the size of the rear yards for the lots
at 940 and 944 Chapel Hill Court.
Regional Staff has no objection to the proposed application.
*k11Pk1a1YZI
124 Walker Street
Mitchell Courtney and Alexandra Oliveira
The owner/applicant is proposing a severance to split the existing lot to facilitate the
development of a semi-detached building.
Document Number: 3286721 Version: 1
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot created prior to final approval of the consent.
Airport Regulation:
Regional Staff advise that the subject lands are located within 6 kilometres of the
Region of Waterloo Airport and are subject to the Airport's Zoning regulations. For any
further information in this regard please contact Kevin Campbell, Project Manager,
Airport Construction and Development at 519-648-2256 ext. 8511 or at
KCampbell(a)-regionofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
*kIYUKIN-1
285 Connaught Street
Vladan and Mira Knezevic
The owner/applicant is requesting to sever a rear section of the subject property to add
to the lot located at 153 Fifth Avenue.
Airport Regulation:
Regional Staff advise that the subject lands are located under the airport runway take-
off approach surface and Region of Waterloo Airport's Zoning regulations. The
occupants would be subject to the presence and noise from flying aircrafts. For any
further information in this regard please contact Kevin Campbell, Project Manager,
Airport Construction and Development at 519-648-2256 ext. 8511 or at
KCampbell(a)-regionofwaterloo.ca
Regional Staff has no objection to the proposed application.
CC2020-001
75 Tillsley Drive
Governing Council of the Salvation Army in Canada
The owner/applicant is proposing a change to conditions to the previously approved
consent application B2019-011. The purpose of the original application was to permit a
lot severance from the existing 2.64 -hectare parcel of land. The owner/applicant has
expressed difficulties with fulfilling City of Kitchener conditions related to the deed of
endorsement and the solicitor's undertaking immediately following registration of the
severance deed as the owner/applicant is a not-for-profit organization.
Regional Staff has no objection to the proposed application.
Document Number: 3286721 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 19-037 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: 3286721 Version: 1