HomeMy WebLinkAboutDSD-2021-216 - B 2021-060 - 75 Tillsley DriveStaff Report
Dbvelo n7ent Services Department
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 16, 2021
www. kitchener ca
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668
WARD(S) INVOLVED: Ward 6
DATE OF REPORT: November 9, 2021
REPORT NO.: DSD -2021-216
SUBJECT: Consent Application B2021-060
75 Tillsley Drive
Owner — The Governing Council of the Salvation Army Canada
Applicant — Kristen Barisdale, c/o GSP Group Inc.
RECOMMENDATION:
That application B2021-060 for 75 Tillsley Drive, requesting consent to create a new lot with
an approximate area of 1.03 hectares, width of 71.0 metres, and depth of 140.1 metres from
Block 128, Registered Plan 1819, 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 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 "Retained 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 Retained 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 Retained 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an
Application Consolidation Parcels, to consolidate the severed lands with Block 129,
Plan 1819, 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 Director of Planning, or otherwise receive an
exemption from this requirement from said Director. 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 owner 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. a) That the owner shall complete a building code assessment, prepared by a qualified
designer, to confirm that the proposed property line and any of the building adjacent to
this new property line comply with the Ontario Building Code, to the satisfaction of the
City's Chief Building Official. The assessment shall address items such as, but not
limited to, spatial separation of existing buildings' wall face, and shall include
recommendations such as closing in of openings pending spatial separation calculation
results.
b) A building permit shall be obtained for any remedial work/ upgrades required by the
building code assessment.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend conditional approval of a consent application which is
proposing the creation of a new lot. The application is requesting consent to create a new lot (i.e.,
Parts 3, 4, 5, 58R-20691) with an approximate area of 1.03 hectares, width of 71.0 metres, and
depth of 140.1 metres from Block 128, Registered Plan 1819. The applicant further proposes to tie
the retained lands to the adjacent subdivision block that contains the existing church building and
associated parking (i.e., Block 129, Registered Plan 1819) through an agreement, as an approval
condition.
Figure 1: Location Map
BACKGROUND:
Located in the Country Hills West Planning Community, the lands affected by this application are
bound by Tillsley Drive to the north, Westmount Road to the west, and Erinbrook Drive to the east.
The surrounding area is characterized by a mix of uses, with the property to the north containing the
Village of Winston Park long-term care and retirement facility, lands to the south and east containing
low-rise residential dwellings, and lands to the east containing a low-rise commercial development.
The subject lands are comprised of a whole block on a registered plan of subdivision (i.e., Block 128,
Registered Plan 1819). The Salvation Army Kitchener Community Church and associated parking
are located on the adjacent subdivision block to the north, which is described as Block 129
Registered Plan 1918. The subject lands are also owned by the church and contain open space that
is currently used for a community garden, community skating rink, and landscaped area. The total
lands owned by the church (i.e., Block 128 and Block 129, Registered Plan 1819) are 2.6 hectares
(6.5 acres)in area.
The lands affected by this application 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. City staff conducted a site visit of the subject property on October 29,
2021.
Consent Application B2019-011 and Change to Conditions Consent CC2020-001 were previously
submitted and approved by the Committee of Adjustment, subject to conditions. The required
conditions of consent approval were not satisfied within the one-year deadline imposed by the
Planning Act. Subsequently, the approval lapsed on August 28, 2021. This application is a
resubmission of the previous applications, with the severed and retained lands reversed (not change
to the intent of the application).
Figure 2: Proposed Severance
Figure 3: Panorama of Existing Open Space Area of Lands Affected by the Subject Consent
Application
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Figure 4: Existing Church on Block 129, Registered Plan 1819
REPORT:
Planning Comments:
The purpose of this report is to recommend conditional approval of a consent application which is
proposing the creation of a new lot. The application is requesting consent to create a new lot with an
approximate area of 1.03 hectares, width of 71.0 metres, and depth of 140.1 metres from Block 128,
Registered Plan 1819. The retained lands (i.e., Parts 1 and 2, Reference Plan 58R-20691) would
have an approximate width of 19.0 metres and a depth of 140.1 metres. The applicant further
proposes to tie the retained lands to the adjacent subdivision block that contains the existing church
building and associated parking (i.e., Block 129, Registered Plan 1819) through an agreement, as
an approval condition. No minor variances are required to facilitate the requested consent
application.
Ultimately, the property containing the church and associated parking would have an approximate
area of 1.61 hectares and would continue to be used for institutional uses. The severed lands are
proposed to be developed for multiple residential use. In this regard, to develop the severed lands,
the applicant would be required to submit and obtain approval of a new site plan application or
develop in accordance with Site Plan Application SP/043/E/AP, which was approved in principle in
December 2019, and proposes a 3 -storey, 44 dwelling unit multiple dwelling.
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 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 consent, and to require the owner to enter into an
agreement to tie the retained lands (i.e., Parts 1 & 2, Reference Plan 58R-2069) to the recipient
parcel (i.e., Block 129, Registered Plan 1819), among other conditions.
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 applications provided:
1) A qualified designer is retained to complete a building code assessment as it relates to the new
proposed property line and any of the building adjacent to this new property line shall addresses such
items as:
Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing
in of openings may be required, pending spatial separation calculation results.
2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the
building code assessment.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Note that Transportation Services did not have any concerns with the original submission in 2019
(Application #B 2019-011)
Heritage Comments:
There are no heritage planning concerns associated with this application.
Engineering Comments:
Engineering provided the following comments on the proposed application:
1) Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
2) The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new service connections that may be required to service this property, all
prior to severance approval. Our records indicate one sanitary, one storm and possibly two water
services are currently available to service this property. Erinbrook Drive is fully serviced with
sanitary sewer, storm sewer and water main. Any further enquiries in this regard should be
directed to Katie Wood (katie.wood(a)kitchener.ca).
3) Any new driveways are to be built to City of Kitchener standards. All works is at the owner's
expense and all work needs to be completed prior to occupancy of the building.
4) 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.
5) A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with
corresponding layer names and asset information to the satisfaction of the Engineering Division
prior to severance approval.
6) 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 tree management conditions are required.
Parks & Cemeteries Comment:
Parkland Dedication was paid as part of a subdivision application and any additional parkland
dedication requirements will be assessed at the time of a future site plan application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Consent Application B2019-011 was approved by the Committee of Adjustment in April 2019.
• Change of Conditions Application CC2020-001 (related to Consent Application B2019-011)
was approved by the Committee of Adjustment in August 2020.
• Site Plan Application (SP19/043/E/AP) was submitted for the severed lands and received
Approval in Principle in December 2019.
N,4*+V-
Region of Waterloo
Sarah Goldrup
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 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. regionofwaterloo.ca
Peter Ellis
519-503-2536
D20-20/21 KIT
November 8, 2021
Re: Comments for Consent Applications B2021-058, B2021-059, 62021-
060, B2021-061, and B2021-062
Committee of Adjustment Hearing November 16, 2021
CITY OF KITCHENER
B2021-058
30 Third Avenue
Florim Dragusha
The owner/applicant is proposing to sever the existing lot into two separate lots.
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.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Environmental and Stationary Noise:
The proposed dwellings on the severed and the retained lots will be impacted by traffic
on Highway 7/8 ramps and Kingsway Drive. Staff note that the subject lands are in
close proximity to traffic on the Highway 7/8 on-off ramps (100m) and Kingsway Drive
(57m) and are exposed to the traffic on these high speed and high volume highways.
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Staff also note that there are many stationary noise sources in close proximity to the
subject lands. Therefore, because of traffic and stationary noise impacts, a detailed
environmental noise study will be required to assess these impacts and the resulting
noise mitigation measures recommended for the proposed dwellings.
A detailed environmental (transportation) noise study prepared by a qualified acoustical
noise consultant will be required for review and approval by the Region of Waterloo.
The requirement and implementation of an environmental noise study through a
registered agreement with the City of Kitchener will be a Regional condition for this
application.
The noise consultant preparing the Environmental Noise Study must complete and
submit a Transportation Planning Noise Assessment Request ($500 original study and
$250 for any revised noise study fee may apply) available at:
https://rmow.Permitcentral.ca/Permit/GroupApply EroupId=3
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take -off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: 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.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, the owner/applicant is required to complete a detailed
environmental noise study prepared by a qualified acoustical noise consultant to
the Region's satisfaction and enter into an agreement with the City of Kitchener
to implement the conclusions and recommendations of the accepted Noise Study
which may include, but is not limited to, stationary noise recommendations,
special building components, and noise warning clauses in all agreements of
Offers of Purchase and Sale, lease/rental agreements, condominium
declarations for all units on the subject lands.
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169 Fifth Avenue
Bojan and Petar Bijelic
The owner/applicant is proposing to sever the existing lot into two separate lots.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take -off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell(a.regionofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
B2021-060
75 Tillsley Drive
The Governing Council of the Salvation Army Canada / K. Barisdale (GSP Group)
The owner/applicant is proposing to sever the current property into two lots. The
retained lot would be added to the existing church and continue to be used for a
religious institutional use while the proposed severed lot would be developed for
residential use. This application is a resubmission of consent application B2019-011.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
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Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Environmental and Stationary Noise:
The proposed severed and retained lands will likely have impacts from road noise from
traffic on Westmount Road (Regional Road No. 50). Stationary noise concerns were
also identified. A report entitled "Environmental Noise Feasibility Study Proposed
Residential Development at 75 Tillsley Drive, Kitchener Ontario" dated May 24, 2019 as
prepared by GHD as well as an Addendum Report dated October 9, 2020 have been
reviewed by Regional staff and comments were provided to the owner/applicant on July
5, 2019 and October 23, 2019 respectively.
Accordingly, the recommendations of the noise study and addendum report, as
accepted by the Region, will be required to be implemented through a registered
agreement with the Region. It is noted that a Reference Plan (58R-20691) has been
prepared by an Ontario Land Surveyor for part of the site. However, upon review,
Regional staff note that the Reference Plan needs to be updated or a new one prepared
to accompany the registered agreement with the Region as noise warning clauses are
required for the daycare that operates out of the church building and this portion of the
lands to be retained is not identified on the current R -Plan.
Site Plan (Advisory Comments):
Regional staff note that the proposed residential building on 525 Erinbrook Drive on the
proposed severed lot from 75 Tillsley Drive is being developed through site plan
application SP 19/043/E/AP and will be subject to those conditions.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, the owner/applicant is required to enter into an
agreement with the Region of Waterloo to implement the conclusions and
recommendations of the accepted Noise Feasibility Study (and Addendum
Report), which includes, but is not limited to, stationary noise recommendations
in the agreement as well as applicable noise warning clauses in all agreements
of Offers of Purchase and Sale, lease/rental agreements, condominium
declarations for all units on the subject lands.
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B2021-061
111 Schweitzer Street
Dragan and Ana Ilic / Marija Ilic (Agent)
The owner/applicant is proposing to officially sever the semi-detached dwellings on 111
and 113 Schweitzer Street into two separate lots.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
B2021-062
21 Wendy Crescent
Ingrid Willms (Fehderau) / Patrick Haramis (JD Barnes — Agent)
The owner/applicant is proposing to officially sever the semi-detached dwellings into two
separate lots.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
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The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per new lot created.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
General Comments
Any future development on the lands subject to the above -noted consent application 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,
Peter Ellis, MES
Principal Planner
November 1, 2021
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Via email only
Re: Committee of Adjustment Meeting — November 16, 2021
Applications for Minor Variance
A 2021-116
169 Fifth Avenue
74 Rutherford Drive
A 2021-117
75 Tillsley Drive
74 Rutherford Drive
A 2021-121
111 Schweitzer Street
389 Robert Ferrie Drive
A 2021-122
19-21 Wendy Crescent
256 Belmont Avenue West
A 2021-123
106 Belleview Avenue
449 East Avenue
Application for Consent
B 2021-054 74 Rutherford Drive
B 2021-058 30 Third Avenue
B 2021-059
169 Fifth Avenue
B 2021-060
75 Tillsley Drive
B 2021-061
111 Schweitzer Street
B 2021-062
19-21 Wendy Crescent
A 2021-125
741 King Street West
A 2021-126
59 Frey Crescent
A 2021-127
1084 Union Street
A 2021-128
1333 Weber Street East
A 2021-129
106 Belleview Avenue
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 at 519-621-2763 ext. 2228 or aherremanQgrand river. ca.
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 Page 1 of 1
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
G S P
> group
October 1, 2021
City of Kitchener
Planning Department, 61h Floor
200 King Street West
Kitchener, ON N2G 4G7
Attention: Andrew Pinnell, MCIP, RPP
Senior Planner
Dr. Mr. Pinnell:
File No. 19057
Re: Application for Consent — Previous Consent B 2019-011 and CC2020-001
75 Tillsley Drive
Further to our recent discussions, please accept the enclosed Application for Consent to establish
the same permissions previously approved by Consent Application B 2019-011 and Change to
Conditions Consent CC2020-001
The purpose of Consent Application B2019-011 was to permit the severance of a 10,304 m2 parcel
from the existing 2.64 hectare parcel of land currently owned by the Governing Council of the
Salvation Army in Canada. Consent Application B2019-011 was approved by the Committee of
Adjustment on April 16, 2019 with 11 conditions of provisional consent approval. A copy of the
Notice of Decision for B2019-011 has been appended to this letter.
Subsequent to the approval of Consent B2019-011, an application to Change the Conditions of
Consent Approval was approved by the Committee of Adjustment on August 18, 2020. This approval
revised the wording associated with Conditions 3 and 4 of Consent B2019-011 and established a
new lapsing date of August 28, 2021. A copy of the Notice of Decision for CC2020-001 has been
appended to this letter.
Unfortunately, the required conditions of consent approval were not satisfied within a year of
approval of CC2020-001 and the previous consent approval lapsed on August 28, 2021. The
enclosed Application for Consent is a complete re -submission of B2019-011 and CC2020-001.
In support of this application, please find enclosed the following information:
• The completed and signed application form
• A copy of the Notice of Decision for Consent B2019-011
• A copy of the Notice of Decision for Change to Consent Conditions CC2020-001
PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE
72 Victoria St. S., Suite 201, Kitchener, ON, N2G 4Y9
162 Locke St. S., Suite 200, Hamilton, ON, 1-8P 4A9
gspgroup.ca
• The associated reference plan 58R-20691 (as approved and deposited in accordance with
the conditions associated with B2019-011)
Hard copies of the above -noted documents as well as the required application fee in the amount of
$1,523 will be delivered to your attention in the near future.
Please do not hesitate to contact me if you have any questions or require further information.
Sincerely,
GSP Group Inc.
r
Kristen Barisdale, MCIP, RPP
Associate, Senior Planner
GSP Group 12
14 �!
CITY OF KITCHENER
COMMITTEE OF ADJUSTMENT
� r
DATE OF DECISION: April 16, 2019
DATE OF MAILING DECISION; April 26, 2019
LAST DAY FOR APPEALS: May 16, 2019
APPLICANT($): GOVERNING COUNCIL SOF THE SALVATION
ARMY IN CANADA
SUBMISSION NO.: B 2019-011
Enclosed is a copy of the Decision of the Committee of Adjustment for the City of Kitchener in the above
noted matter. There is a 20 -day apoeal period from the date of mailing the notice of decision before this
decision becomes final and binding. Ycu have a right to appeal this decision to the Local Planning Appeal
Tribunal according to Section 53 of the Planning Act. The last day for filing an appeal is noted above.
The applicant will be given written notice whether or not an appeal has been submitted.
If you wish to file an appeal to this decision, you must submit an Appellant Form (Al) prescribed by the
Local Planning Appeal Tribunal , giving reasons for your appeal. Copies of Appellant Form (Al) are
available at the Office of the City Clerk or on the Board's website:.hftp://elto.gov.on.ca/. The Local Planning
Appeal Tribunal fee is $300.00. You must submit this fee, by certified cheque or money order, in Canadian
funds, payable to the "Minister of Finance". The Notice of Appeal, together with the Local Planning Appeal
Tribunal flee, must be submitted to the Secretary -Treasurer, Committee of Adjustment, Office of the City
Clerk, 2nd Floor, City Hall, 200 King Street West, P. O. Sox 1118, Kitchener ON N2G 4G7.
Only individuals, corporations and public bodies may appeal decisions with respect to applications for
Consent to the Local Planning Appeal Tribunal. A Notice of Appeal may not be filed by an unincorporated
association or group; however, a Notice of Appeal may be filed by an individual who is a member of a
group on the group's behalf.
Yours truly,
Jr 4fy r
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment
NOTES: You will be entitled to receive notit,,e of any changes to the conditions of the Provisional Consent if you have
made a written request to be notified. The Planning Act provides for appeals to be filed by "persons." Groups
or associations, such as residents' or ratepayers' groups that do not have incorporated status, may not be
considered "persons" for purposes of the Act, groups wishing to appeal this decision should do so in the
name of an individual group member, and not in the name of the group..
16OMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
IN THE MATTER OF the application to the Committee of Adjustment for the
City of Kitchener, by:
Applicant(s): 1-70VERNING COUNCIL OF THE SALVATION ARMY IN
CANADA
Submission No.: 32010-011
This matter having been heard on the 16th day of April, 2019, and due Notice of Hearing having
been given 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 sever a parcel of land having a width on Erinbrook Drive of 19m, a depth
of 140.1 m and an area of 2,651 sq.rn. to be conveyed as a lot addition to the parcel of land described
as Block 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 Land Surveyor in PIF and either .dwg (AutoCad) or Agn (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 Technologhst.
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 owner shall make fir ancial 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.
a,
Submission No.: B 2019-011 (Cont'd)
7. That the owner shall prepare a servicing plan showing outlets to the municipal servicing
system, to the satisfaction of Engineering Services,
8. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for
the site (e.g., servicing, storrnwater 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 Erinbrook Drive from the
retained lands.
10. That the owner shall subunit an Archaeological Assessment report to th€: 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.
11. That the owner shall submit an Environmental Noise Study to the satisfaction of the Region
of Waterloo 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.
...3
Submission No.: B 2019-011 (Cont'd)
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the municipality.
2. 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-making 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.kitchener.ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall Fulfil the above -noted
conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse
two years from the date of approval, being April 16, 2021.
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 26, 2019
Last Date for Fulfilling Conditions: April 26, 2020.
CHAIR
EMBER
EMBER
EMBER
MEMBER
I certify the foregoing to be a true and correct copy of the Decision of the
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
IN THE MATTER OF the application to the Committee of Adjustment for the
City of Kitchener, by:
Applicant(s): GOVERNING COUNCIL OF THE SALVATION ARMY IN
CANADA
Submission No.: CC 2020-001
This matter having been heard on the 18th day of August, 2020, and due Notice of Hearing having
been given 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 GOVERNING COUNCIL OF THE SALVATION ARMY IN CANADA requesting
permission to modify Condition 3 and remove Condition 4 of Provisional Consent decision B 2019-
011 granted by the Committee of Adjustment on April 16, 2019, which currently prohibits the
applicants' ability to obtain their Certificate of Consent, on Blocks 128 & 129, Plan 1819, 75 Tillsley
Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
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.
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 Agn (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.
That the owner shall enter into an Agreement with 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:
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 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 Solicitorto registerthe approved form of Transfer and thereafter
provide a copy of the registered Transfer to the City Solicitor.
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. 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
...2
Submission No.: CC 2020-001 (Cont'd)
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.
0. That the owner shall 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 shall prepare a servicing plan showing outlets to the municipal servicing
system, to the satisfaction of Engineering Services.
8. That the owner 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.
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 Erinbrook Drive from the
retained lands.
10 That the owner shall 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.
11. That the owner shall submit an Environmental Noise Study to the satisfaction of the Region
of Waterloo 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.
.. 3
Submission No.: CC 2020-001 (Cont'd)
It is the opinion of this Committee that:
A plan of subdivision is not necessary 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
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-making 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.kitchener.ca
Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -noted
conditions within one year of the date of giving notice of this decision.
Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall
lapse two years from the date of approval, being August 18, 2022.
Signed at the City of Kitchener this 18th day of August, 2020.
Last Date for Appeal of Decision: September 17, 2020
Date of Mailing Notice of Decision: August 28, 2020
Last Date for Fulfilling Conditions: August 28, 2021.
CC 2020-001 - 75 Tillsley
Denner Cybalski
8 B)
Drive
1-7X, < gg0 c AOcbe 8eelJer.
CHAIR
Jennifer Meader
MEMBER
Mike Kidd
�e
Wac
MEMBER
Scott Hannah
MEMBER
Bob McColl
MEMBER
I certify the foregoing to be a true and correct copy of the Decision
of the
Committee of Adjustment for the
City of Kitchener in the above
mentioned
application.
CL.31
Dianna Saunderson
Signed with CorSigrO Cloud (202 010 8 24)
Verity with ConsignO or Adobe Reader.
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment
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