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B.That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor <br />variances shall be permitted for lands subject to Zoning By-law Amendment Application <br />ZC16/008/R/BB;ANDFURTHER, <br />C.That Kitchener City Council declare as surplus to City needs and sellsit at fair market <br />value toStrawberry Park Inc., a 135.04 square metre right-of-way block of land (Parcel ID. <br />#50047295), attached as Appendix F. <br />REPORT: <br />The subject lands comprise an area of1.97 hectaresand are located southeast of the intersection of <br />Sherwood Drive and Rosemount Drive.They are described legally asBlock A, Registered Plan 787 and <br />a portion of Lot 4, Plan 937. The subject lands are vacant but were previously used as an elementary <br />school (the Notre Dame Catholic School). The Notre Dame Catholic School was closed in 2010andsold <br />by the Catholic School Board.The school was demolishedby the previous landowner.Strawberry Park <br />Inc. purchased the propertyin 2015with the intent of redeveloping it. The first phase of development <br />occurred in 2016 with the construction of semi-detached dwellings on existing lots of record that were <br />once associated with theformer school site located on Sheridan Avenue and Rosemount Drive. <br />Applicationsfor a zoning by-law amendment and site plan approval were filled shortly thereafter by MHBC <br />Planning Consultants affecting the balance of the lands. <br />The proposed redevelopment includes: <br />A mixture of townhouse dwellings and back-to-back townhouse dwellings in a cluster arrangement <br />totaling 76 units; <br />A condominium road providing pedestrian and vehicular access to Rosemount Drive; <br />Aneighbourhoodpark with frontage on Rosemount Drive, <br />A privateamenity area with frontage on the internal condominium road; <br />Maintaining the pedestrian access to an existing trail that connects to River Road <br />Municipal sanitary and storm servicing to be provided via River Road through an existing walkway <br />block and into the subject lands.Municipal water servicing via Rosemount Drive. <br />Implementation of the proposed redevelopmentplanrequirestheapproval of a zoning by-law amendment <br />andsite plan approval. The by-law amendment is to allow forthe use of multiple dwellings (townhouses) <br />and open space (parkland) with asite specific regulation forbuilding heights, setbacks to property lines <br />and parking.Staff has assessedthe policy-related and technical information submitted in support of the <br />application and has considered comments received from residents through the consultation process. <br />Together,ezoning by-law <br />amendment. <br />By way of background, the zoning by-law amendment application wasdeemed complete on October 20, <br />2016, circulated to area property owners on October 25, 2016 and a Neighbourhood Information Meeting <br />(NIM)was held on February 23, 2017. On October 31, 2017,the zoning by-law amendment and site <br />planapplicationswere appealed to the Ontario Municipal Board(OMB)by Strawberry Park Inc.due to <br />failure to make a decision within the prescribed timeframeunder the Planning Act. According to the <br />4 - 2 <br />