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HomeMy WebLinkAboutAdjustment - 2012-08-21COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 21, 2012 MEMBERS PRESENT: Messrs. A. Head, A. Lise and B. McColl OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. D. Seller, Traffic & Parking Analyst, Ms. J. Billett, Acting Secretary-Treasurer and Ms. A. Gingerich, Administrative Clerk. Mr. A. Head, Vice-Chair, called this meeting to order at 10:30 a.m. MINUTES Moved by Mr. B. McColl Seconded by Mr. A. Lise That the minutes of the regular meeting of the Committee of Adjustment held July 17, 2012, as mailed to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE Submission No.: 1. A 2012-054 Applicant: Azam Ezazi and Ahmad Mohammadi Property Location: 659 Stirling Avenue South Legal Description: Part Lots 15 to 17, Plan 785, designated as Part 1 on Reference Plan 58R-5757 Appearances: In Support: A. Bousfield Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a mixed use development (6 storey convenience retail / apartment building) having a front yard setback of 0m rather than the required 3m (9.85’); a side yard setback abutting a street of 1m (3.28’) rather than the required 3m (9.85’); an obstruction to visibility within the driveway visibility triangle of 2.36m (7.75’) whereas no obstruction is permitted within a driveway visibility triangle; a 3m (9.85’) x 7.2m (23.63’) loading space rather than the required 3m (9.85’) x 10.7m (35.11’); a loading space having a setback of 0m from the front lot line rather than the required 3m (9.85’); and one required parking space having a setback abutting a street of 1.4m (4.6’) rather than the required 3m (9.85’). The Committee considered the report of the Planning Division, dated August 8, 2012, advising that the subject property is located on the corner of Stirling Avenue South and Homer Watson Boulevard, at 659 Stirling Avenue South. The lands are currently vacant and are designated Low Rise Residential in the Official Plan. The northern portion of the property is zoned Convenience Commercial (C-1) in Zoning By-Law 85-1, subject to Special Use Provision 56U. The remainder of the property is zoned Hazard Land (P-3). The property is proposed to be developed with a 6-storey mixed use building consisting of a ground floor convenience commercial unit and 29 residential units. The property is the subject of a site plan application (SP12/033/S/BB), which was approved in principle by the Site Plan Review Committee on June 27, 2012. COMMITTEE OF ADJUSTMENT - 200 -AUGUST 21, 2012 1. Submission No.: A 2012-054 (Cont’d) To facilitate development, the applicant is requesting the following variances: 1. To permit a front yard setback of 0 metres on Stirling Avenue South, rather than the minimum 3 metre front yard setback required by Section 7.2 of Zoning By-Law 85-1. 2. To permit a setback abutting a street of 1 metre at the intersection of Stirling Avenue and Homer Watson, rather than the minimum 3 metre setback required by Section 7.2 in the by-law. 3. To permit a 2.36 metre obstruction to visibility within the driveway visibility triangle (DVT), whereas Section 5.3 in the by-law does not permit any obstruction to visibility within the DVT. 4. To permit a loading space that is 3.0 metre x 7.2 metre in size, rather than 3.0 metre x 10.7 metre as required by Section 6.2.1 in the by-law. 5. To permit a setback of 0 metre from the street line for a loading space, rather than the 3.0 metre required by Section 6.1.1.1 (a)(iv) in the by-law. 6. To permit a setback of 1.4 metre for one parking space, rather than the 3.0 metre required by Section 6.1.1.1(a)(iv) and Section 6.1.1.1 (d)(i) in the by-law. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. A) Regarding variances 1 & 2, to permit reductions in front yard and side yard abutting street setbacks: i. The variances meet the intent of the Official Plan for the following reasons. The intent of the Low-Rise Residential designation is to accommodate a range of housing types while allowing compatible non-residential uses at appropriate locations. Convenience commercial (as proposed) is a permitted use within the Low Rise Residential designation. As per Policy 3.1.2.4 in Part 3 of the Official Plan, housing above street level convenience uses (such as that proposed) is permitted and encouraged, provided that the net residential density does not exceed 16 units per hectare. The net density of the proposed development will be approximately 84 units per hectare. However, Policy Planning staff notes that the intent is to guide the preparation of Secondary and Community Plans, and not to be applied to site specific applications, such as this one. For this reason, Planning staff is satisfied that the proposed variances meet the intent of Policy 3.1.2.4. ii. With respect to the front yard variance, the variance meets the intent of the Zoning By-law for the following reasons. The intent of the minimum 3.0 metre front yard setback requirement is to create a consistent setback along the street. It is the opinion of Planning staff that visually, the requested 0 metre setback would maintain a more consistent street edge than a 3.0 metre setback because the front lot line of the subject property is located farther away from the sidewalk and roadway relative to the existing residential lots on Stirling Avenue. Urban Design staff has also commented that the location and orientation of the building addresses the street edge and creates a more prominent and interesting street edge. Regarding the variance for a reduced side yard setback abutting a street, the variance meets the intent of the Zoning By-law. The intent of the minimum required 3.0 metre setback abutting a street is to ensure that there is adequate separation between the building and the road right of way. Planning staff is of the opinion that sufficient separation will be provided despite the reduced setback because the property line is located more than 3 metres from the roadway. iii. The variances are minor. The variances will allow the building to be oriented in a manner that enhances the street edge and streetscape. The variances will allow the building to conceal the parking area from the primary view of the intersection. COMMITTEE OF ADJUSTMENT - 201 -AUGUST 21, 2012 1. Submission No.: A 2012-054 (Cont’d) iv. The variances are appropriate for the development and use of the land. Planning staff notes that the site is severely constrained. It is partially located on a floodplain and is irregularly shaped. The requested variances will allow the constrained site to be developed in a manner that is encouraged by the Official Plan, permitted by zoning, and compatible with the surrounding uses. B) Regarding variances 3 & 4, to permit an obstruction to visibility within the DVT and a reduced setback of one parking space: i. The variances meet the intent of the Official Plan for the reasons stated in A) i. above. ii. The variances meet the intent of the Zoning By-law. The intent of the driveway visibility triangle and the setback requirement for parking spaces is to provide clear and unobstructed sight lines to pedestrian and vehicular traffic passing by when vehicles exit the driveway in order to minimize potential conflicts. Transportation staff has commented that the alignment of the driveway leading into/out of the site allows for an unobstructed view to the sidewalk and oncoming traffic, despite the obstruction in the DVT and the reduced parking space setback. For this reason, Planning staff believes that the intent of the zoning by-law is met. iii. The variance is minor. As mentioned above, the variance will not have an adverse impact on traffic or pedestrian safety. The impacts of the reduced parking setback can be mitigated by landscape screening on site and landscaping within the right of way. iv. The variances are appropriate for the reasons stated in A) iv. above. C) Regarding variances 5 & 6, to permit reductions to the size and setback of a loading space: i. The variances meet the intent of the Official Plan for the reasons stated in A) i. above. ii. The variance for a reduction to the loading space size meets the intent of the Zoning By- law for the following reasons. The intent of the loading space dimensions specified in the by-law is to provide adequate space for a standard sized truck to load and unload within the site. The applicant has informed staff that the garbage truck used to service the site will be smaller than the standard size. Also, because the commercial space provided on site is smaller than average, a smaller supply truck would be appropriate. Transportation staff has no concerns with the reduced size. Thus, Planning staff is of the opinion that the requested reduced loading space size would provide adequate loading space on the site and would therefore meet the intent of the by-law. The variance for a reduced setback of the loading space meets the intent of the Zoning By-law for the following reasons. The intent of the 3.0 metre setback requirement is to provide space for a landscape buffer between the loading space and the roadway. The requested setback of 0 metres does not allow for a landscaped buffer to be provided on site. However, Urban Design staff has commented that as part of the site plan process, the owner will be required to provide landscaping within the City’s right of way. iii. The variances are minor. A reduction of 3.5 m in loading space length will not have adverse impacts on the functionality of the site. The reduced setback of the loading space will not have an unacceptably adverse impact on neighbouring properties or on the streetscape. Any potential impacts of the loading space on the streetscape and neighbouring properties can be mitigated through landscaping. iv. The variances are appropriate for the reasons stated in A) iv. above. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 1, 2012, advising that they have no concerns with this application. The Committee considered the report from the Grand River Conservation Authority Resource Planner, dated August 10, 2012, advising that while they have outstanding concerns related to slope and floodplain issues that may affect the site plan, they do not object to the above noted minor variance application. COMMITTEE OF ADJUSTMENT - 202 -AUGUST 21, 2012 1. Submission No.: A 2012-054 (Cont’d) The Committee considered the report of Kitchener-Wilmot Hydro, dated August 2, 2012, advising that Ontario Regulation 22/04 establishes safety standards for power lines and legislates minimum clearances between power lines and signs, buildings or any other objects. The Electrical Safety Authority has the authority to order the removal of any sign, building or any other object that is placed closer than the prescribed clearances. The horizontal and vertical clearances include allowances that vary slightly with the design of the line and must be determined by the power utility. At this location, the clearance proposed from this building may not be closer than 6.0 metres from the centre line of the adjacent pole line. The Occupational Health and Safety Act prohibits any worker, scaffolding or hoisting from approaching within 3.0 metres of a high voltage wire in a power line. The applicant is responsible for obeying this legislation and may want to adjust the location of the building to maintain these clearances and allow for construction and maintenance. Mr. A. Head raised concerns with the number of variances requested, questioning why the proposed development has not been designed to fit the site. Mr. A. Bousfield acknowledged that the variances number 6 but suggested that fundamentally the application deals with 2 issues being, setback of the building location and design of the parking area which has manifested into the number of variances being requested. Mr. B. McColl raised concerns with the proposed 0m setback and questioned what would happen if the Committee was not inclined to approve the application as submitted. Mr. Bousfield advised that work on this site dates back to 2007 with numerous designs being considered but which are challenged by the topography and a number of easements limiting building location and considerably constraining the developable area. He pointed out that the site is subject to a substantial right-of-way at the intersection of Homer Watson Boulevard and Stirling Avenue. It was noted that this design attempts to meet the goals of intensification and creates a consistent setback for the street by placing the building mass up to the corner of the property. He pointed out that City staff has collaborated on the design and the reduction in front yard is not likely to be noticeable given a substantial separation distance between the lot line and the street edge. Mr. Bousfield stated that if not approved, it is unlikely the City will see anything developed on this site as in respect to design it is an extremely difficult site. Mr. McColl suggested that a slightly less intensified development could work well on the site, commenting that a 0m front yard setback does not seem minor. Mr. McColl requested clarification of the variance pertaining to the driveway visibility triangle and Ms. Von Westerholt advised it pertains to only one visitor parking space which is proposed to be located partially within the visibility triangle. Ms. Von Westerholt stated that this property in addition to its geometry / topograhy, is also constrained by the Grand River Conservation Authority (GRCA) as part of the lands are within a floodplain. Accordingly, the development is substantially limited in terms of where a building can be placed on site and the need to have a certain number of parking spaces creates other issues. All constraints as noted, including those of the GRCA, have played a part in the rationale to locate the building where it is. Mr. Lise questioned the feasibility of locating parking within the floodplain and Ms. Von Westerholt advised that this would not be acceptable as it has definitely been an issue with the GRCA in considering other developments. Mr. Bousfield further pointed out that only a small portion of the building actually encroaches into the required front yard setback, with the bulk of the building meeting the required 3m setback. Ms. Von Westerholt confirmed that although the front yard setback is proposed to be reduced to 0m from 3m it is only the one corner of the building at the 0m. She added that there is a 10m separation distance to the actual street edge and even though it is technically a zoning reduction it is not likely to be noticeable because of the actual distance from the lot line to the street edge. Mr. McColl noted comments received from Kitchener-Wilmot Hydro, Regional Municipality of Waterloo and the GRCA and Mr. Bousfield noted that the issues raised would be satisfied under conditions of site plan approval. Mr. Lise stated that notwithstanding the number of variances requested, the location of the building is far enough off the road with only a small corner to be at the 0m lot line; and given the difficulty of the site, he suggested that the application has the appearance of being minor in that, the applicant is not attempting to over-develop the site. Mr. Lise raised concerns in regard to COMMITTEE OF ADJUSTMENT - 203 -AUGUST 21, 2012 1. Submission No.: A 2012-054 (Cont’d) vehicles entering the site to access the loading area which may pose a safety risk for employees standing in the screened area to empty garbage bins. Mr. Bousfield advised that the location of the loading space was determined in consultation with staff. Ms. Von Westerholt added that use of Mulluk bins is intended on site which is an in-ground, deep well system and no rolling garbage bins will be used. Mr. A. Head inquired how it can be assured that the company picking up garbage will use the smaller than standard size trucks. Mr. Bousfield advised that there is only one company that uses deep well waste management and the applicant has had to demonstrate to the City that their vehicles can enter, reverse and leave the site facing the street. He added that the loading space has been specifically designed for use of their equipment and control would be achieved through condition in the site plan agreement. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of Azam Ezazi and Ahmad Mohammadi requesting permission to construct a mixed use development (6 storey convenience retail / apartment building) having a front yard setback of 0m rather than the required 3m (9.85’); a side yard setback abutting a street of 1m (3.28’) at the intersection of Stirling Avenue and Homer Watson Boulevard rather than the minimum 3m (9.85’); an obstruction to visibility within the driveway visibility triangle of 2.36m (7.75’) whereas no obstruction is permitted within a driveway visibility triangle; a 3m (9.85’) x 7.2m (23.63’) loading space rather than the required 3m (9.85’) x 10.7m (35.11’); a loading space having a setback of 0m from the front lot line rather than the required 3m (9.85’); and one required parking space having a setback abutting a street of 1.4m (4.6’) rather than the required 3m (9.85’), on Part Lots 15 to 17, Plan 785, designated as Part 1 on Reference Plan 58R-5757, BE APPROVED 659 Stirling Avenue South, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall obtain final approval of Site Plan Application SP12/033/S/BB, to the satisfaction of the Manager of Site Development and Customer Service. 2. That if Condition No.1 is not satisfied, this minor variance approval becomes null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission No.: 2.A 2012-055 Applicant: Max Becker Enterprises Ltd. Property Location: 155 Commonwealth Street Legal Description: Block 40, Registered Plan 58M-301 Appearances: In Support: V. Bender Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a 4 storey apartment building having a southerly side yard setback abutting Max Becker Drive and a northerly side yard setback abutting Dubrick Crescent of 1.34m (4.4’) rather than the required 7.5m (24.61’); a front yard setback of 2.3m (7.55’) to the building and 0.33m (1.09’) to the canopy COMMITTEE OF ADJUSTMENT - 204 -AUGUST 21, 2012 2. Submission No.: A 2012-055 (Cont’d) rather than the required 7.5m (24.61’); a setback from Dubrick Crescent of 0.71m (2.33’) for parking rather than the required 3m (9.85’); 1.25 parking spaces per unit rather than the required 1.75 parking spaces per unit; 2 visitor parking spaces rather than the required 8 visitor parking spaces; a minimum landscaped area of 15.47% rather than the required 20%; a 0.5m (1.64’) x 0.5m (1.64’) square column obstruction within the corner visibility triangle whereas no obstruction is permitted within a corner visibility triangle. The Committee considered the report of the Planning Division, dated August 9, 2012, advising that the subject property is located on the west side of Commonwealth Street, between Max Becker Drive and Dubrick Crescent adjacent to the Williamsburg Town Centre.The subject lot is zoned Residential Eight Zone (R-8) with Special Regulation Provision 355R. The Official Plan designation is Mixed Use Node. The property is presently a vacant green field development site on which the applicant is proposing to construct a 4 storey 33 unit multiple dwelling. Over the past several years, the applicant has been developing a variety of uses in the Mixed Use Node to create the “Williamsburg Town Centre”. The proposed medium density residential development is the next phase in creating higher density residential supporting the Town Centre. To this end, the applicant is requesting multiple variances from Zoning By-law 85-1. The variances are as follows: 1. Relief from Section 42.2.6 to permit a side yard setback abutting a street (Max Becker Drive and Dubrick Crescent) of 1.34 metres rather than the required 6.0 metres; 2. Relief from Section 42.2.6 to permit a front yard setback of 2.3 metres to the building and 0.33 metres to the canopy rather than the required 6.0 metres; 3. Relief from Section 6.1.1.1.d)i) to permit parking to be located 0.71 metres from Dubrick Crescent rather than the required 3.0 metres; 4. Relief from Section 6.1.2.a) to provide 1.25 parking spaces per unit rather than the required 1.75 spaces per unit; 5. Relief from Section 6.1.2.b)v) to provide 2 visitor parking spaces on site rather than the required 8 spaces (5% of the required parking, rather than 20%); 6. Relief from Section 42.2.6 to allow a minimum landscaped area of 15.47% rather than the required 20%; and 7. Relief from Section 5.3 to permit a 0.5 metre x 0.5 metres (square column) obstruction to be located 1.15 metres within the required 7.5 metre corner visibility triangle whereas no obstruction is permitted within the corner visibility triangle. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The variances meet the intent of the Official Plan for the following reasons. The Mixed Use Node designation in the City’s Official Plan supports the development of medium and high rise residential uses along with the full range of commercial uses to create intensive, transit supportive development in a compact form. The property is located adjacent to the Williamsburg Town Centre which has an existing range of commercial, institutional, open space and residential uses. The proposed 4-storey multiple dwelling is in keeping with the Mixed Use Node designation as it is of an appropriate height and density in relation to the adjacent low rise residential development. The variances related to building setback meet the intent of the Zoning By-law for the following reasons. The Residential Eight zoning that pertains to the property has defined building setback requirements in order to ensure adequate separation between uses is maintained and to create an appropriate streetscape. The reduction in building setback only applies to small portions of the building as the structure has been designed with numerous recesses which create interesting building articulation along the street edge. The multiple dwelling is being proposed close to the street edge as this creates an urban feel, while providing the maximum separation from the COMMITTEE OF ADJUSTMENT - 205 -AUGUST 21, 2012 2. Submission No.: A 2012-055 (Cont’d) abutting low rise residential development. The 4 storey building is of an appropriate scale and mass and creates an appropriate transition to the existing subdivision by creating a defined edge between the Mixed Use Node lands and the Low Rise Residential lands. The proposed building location will also create a frame for the Max Becker Common community park which is located immediately across Commonwealth Street. The variances related to a reduction in the required number of resident parking spaces and visitor parking spaces meet the intent of the zoning by-law which is to ensure adequate on-site parking is provided so as not to create adverse impacts on the surrounding street network and properties. The Williamsburg Town Centre is being development as an ‘urban’ environment in which residents have the opportunity to walk to places of employment, shopping, worship and open space areas without the necessity of a motor vehicle. The proposed development also has access to public transit on Max Becker Drive. Zoning By-law 85-1 permits parking to be provided at the rate of 1.25 spaces per unit in the urban areas of the City. As the applicant is developing the Williamsburg Town Centre to function as an ‘urban area’, it is appropriate to allow parking to be provided at the rate of 1.25 spaces per unit. Additionally, the applicant is proposing 12 indoor tandem parking spaces. While these spaces are not counted toward the required parking, twelve of the units will have the benefit of two parking spaces. With regard to the reduction in visitor parking spaces, the applicant will provide two dedicated visitor spaces on site. An additional 5 spaces are proposed to be located immediately in front of the building on Commonwealth Street. While these are public on-street parking spaces, it stands to reason that persons visiting the subject development will be able to utilize the on-street spaces if the on-site spaces are unavailable. The reduced parking setback from Dubrick Crescent meets the intent of the Zoning By-law as the location will not negatively impact any adjacent residential use, and will still allow the installation of a landscape buffer to screen the parking from the street. The proposed reduction in the percentage of landscaped area on the site meets the intent of the Zoning By-law which is to provide an appropriate amount of green space on a property. The proposed 15.47% of on-site landscaping will provide adequate green area on the property for the installation of landscape material. Additionally, residents will have the benefit of the Max Becker Common community park which is a large public green space located directly across the street from the proposed development. The minor obstruction located 1.15 metres into the 7.5 metre corner visibility triangle meets the intent of the Zoning By-law as the obstruction is a support column only 0.5 x 0.5 metres square, rather than a solid wall type obstruction. Staff is of the opinion that visibility and vehicular and pedestrian safety will not be affected in any manner. Beyond the corner visibility triangle is a substantial municipal right-of-way that will ensure unobstructed sight lines. The variances are minor for the following reasons. The building setback variances can be considered minor in nature as there will be no negative impact on adjacent properties and adequate separation distances will be maintained. The variances pertaining to a reduction in parking spaces and visitor spaces are considered minor as 1.25 spaces per unit is considered appropriate for residential development in an urban area, and the ability of visitors to utilize the on street parking spaces immediately in front of the building will provide adequate opportunity for visitors to the site. The reduced parking setback allows adequate space for landscaping to screen the parking area from the abutting street and is considered minor. The reduction in landscape area on site is negligible due to the location of Max Becker Common directly across the street from the subject property. The variance for a small obstruction in the corner visibility is considered minor in nature as no safety impacts will be created for vehicular or pedestrian movements at the property. COMMITTEE OF ADJUSTMENT - 206 -AUGUST 21, 2012 2. Submission No.: A 2012-055 (Cont’d) The variances are appropriate for the development and use of the land for the following reasons. The applicant is proposing a unique building type which will add another element to the Williamsburg community. The additional residential density is compatible with the existing low rise residential area. The proposed building is of a mass and scale suitable to the size of the subject lands and the building location creates an excellent interface with the Max Becker Common. The applicant is creating a self-sustaining neighbourhood by providing residential, employment, shopping, worship, education and open space activities all within a short walking distance of the subject property. The proposed building is the first of three such buildings to be erected along Commonwealth Street that will create an ideal transition between the existing low rise residential neighbourhood, and the future high rise residential development to be located at the intersection of Commonwealth and Cotton Grass Streets. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 1, 2012, advising that they have no concerns with this application. Mr. A. Head raised similar concerns in regard to the number of variances requested for this application, again questioning why the proposed development has not been designed to fit the site. Mr. V. Bender advised that the site has been designed in keeping with the City’s urban design objectives, with the built form rising around the Williamsburg Town Centre to create a pedestrian friendly urban residential streetscape by locating the building closer to the street and reducing building setbacks. He pointed out that they have struggled to design a 4 storey building that has associated costs without the efficiencies of a higher building, noting that they are working around a 33 unit building whereas current zoning would permit an 8 to 10 storey structure. Mr. Head raised concerns that this is the first of 3 buildings along the street and expected more reductions will be requested for the other 2 properties, as well as reductions in parking. He suggested that overall, the variances and reductions in parking will be substantial, raising concerns that the neighbourhood once built will have issues with such things as on-street parking and snow removal. He questioned if any consideration has been given to provision of alternative modes of transportation to facilitate a higher density urban neighbourhood. Mr. Bender suggested that this proposal is likely to contribute less to the issues raised than the low rise subdivision to the west where intensification has yielded 30’ lots with not enough on-street parking. He stated that Commonwealth Street is virtually empty on a daily basis and the parking study undertaken supports the urban design. He added that prospective purchasers will be aware of the number of parking spaces available and suggested that if they have a higher requirement for parking they will not purchase in their building. Mr. B. McColl raised concerns with the reduction in the number of visitor parking spaces to be provided, noting that the Committee has considered applications wherein owners have paved their front yard to gain more parking and their applications have been refused.Ms. J. von Westerholt commented that the new urban built form contemplates less reliance on motor vehicles by creating a more complete area wherein residents would live, work and play. She suggested that there will be more likelihood that vehicle use will be less albeit not eliminated and it is about embracing a different built form and community with which comes certain compromises. Mr. Bender provided examples of employment lands within the surrounding area that support an urban design concept wherein they are accessible by walking, cycling and/or transit; and pointed out that Fischer-Hallman Road is a major transit route that has been identified as an express bus route. He stated that they have not entered lightly into this design concept and should they be required to provide more on-site parking it will require compromises to the urban design. Mr. D. Seller pointed out an oversight in his review of the application wherein he had not realized that only 2 visitor parking spaces were being provided, whereas 6 are required. He stated that Traffic staff will be firm in requiring the full complement of 6 visitor parking spaces on site. Mr. V. Bender noted that larger units will have space for tandem parking, suggesting that the additional space while it technically cannot be counted in the number of visitor parking spaces on site, will be available for the property owner’s use and could accommodate visitor parking. Mr. Bender further suggested that if approved, there is opportunity to determine if this model works prior to construction of the next 2 buildings; and if not, modifications could then be considered for the remaining phases. COMMITTEE OF ADJUSTMENT - 207 -AUGUST 21, 2012 2. Submission No.: A 2012-055 (Cont’d) Mr. Head raised concerns that as the development moves forward, each time the variances will be duplicated and if it works the overall reduction will create a significant parking problem. Mr. Bender advised that they have relied on City surveys and they are more motivated to make it work as they own all lands within the 4 corners, representing a huge investment to them. He added that if professional advice, and in their own view, more parking is determined to be needed corrective action can be taken for the remaining phases. He pointed out, however, that corrective action will represent significant challenges to the urban design. Mr. Head expressed the view that now is the time to get it right or at least make the best attempt, suggesting that as Traffic staff have indicated they will be firm on requiring 4 more visitor parking spaces for this phase the whole of the development should be further reviewed so the Committee has a clearer picture of the parking issue. Mr. Bender advised that work on this site represents 2 to 3 years research on urban designs and if they are wrong they will be the first to say so and take corrective action for the next phase. Mr. McColl expressed support for the view of Traffic staff regarding visitor parking and suggested this application be deferred to the September 18th meeting to allow the applicant opportunity to have further discussions with staff to resolve this issue. Mr. Bender advised that they are trying to proceed with construction this year and a deferral is likely to mean that the development will not proceed as it would push construction out closer to the on-set of winter months. Mr. Head advised that he understood the objectives of intensification set out by the Province and maximizing setbacks but maintained the Committee must know that there will be sufficient visitor parking on site. Mr. Bender suggested that the parking study has already determined same but they would undertake review to confirm its determination. Moved by Mr. B. McColl Seconded by Mr. A. Lise That Minor Variance Application, Submission No. A 2012-055, applied for by Max Becker Enterprises Ltd. for the property known municipally as 155 Commonwealth Street, Kitchener, BE DEFERREDTuesday, Ontario, to the Committee of Adjustment meeting to be held on September 18, 2012 , to allow the applicant an opportunity to meet further with City staff to resolve the issue of deficient visitor parking on site. Carried Submission No.: 3. A 2012-056 Applicant: Servie Muharemafski Property Location: 697 Windflower Crescent Legal Description: Lot 84, Registered Plan 58M-273 Appearances: In Support: S. Sawatzky Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a 3.96m (13’) x 2.8m (9.19’) sunroom addition having a rear yard setback of 4.3m (14.11’) rather than the required 7.5m (24.61’). The Committee considered the report of the Planning Division, dated August 8, 2012, advising that the subject property is located at 697 Windflower Crescent and is developed with a single detached dwelling. The property is designated Low Rise Residential in the Official Plan and zoned Residential Six (R-6) in Zoning By-law 85-1. The applicant is requesting a minor variance to allow a 4.3 metre rear yard setback whereas Section 40.2.2 in Zoning By-law 85-1 requires a minimum 7.5 metre rear yard setback. Approval of the requested minor variance would allow the construction of a sunroom addition to the rear of the house as proposed. COMMITTEE OF ADJUSTMENT - 208 -AUGUST 21, 2012 3. Submission No.: A 2012-056 (Cont’d) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Official Plan. The intent of the Low Rise Residential designation is to accommodate a range of housing types and forms while maintaining an overall low intensity of use. The proposed variance will maintain the low intensity character of the property and the neighbourhood, and therefore meets the intent of the Official Plan. The variance meets the intent of the Zoning By-law for the following reasons. The intent of the 7.5 metre rear yard setback requirement is to provide outdoor amenity space and sufficient separation between neighbouring properties. It is the opinion of Planning staff that a 4.3 metre rear yard setback will provide adequate separation and amenity space, as the grading of the property is such that an outdoor amenity space will be provided underneath the proposed sunroom. The variance is minor. The sunroom will not reduce the level of privacy currently enjoyed by neighbours because the sunroom will be located in place of the existing deck. Planning staff is of the opinion that the proposed sunroom would increase privacy because the sunroom is designed to be windowless on one side. The variance is appropriate for the development and use of the land. The addition of the sunroom will be enjoyed for residential use, a use that is permitted by zoning and is compatible with the rest of the neighbourhood. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 1, 2012, advising that they have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. A. Lise That the application of Servie Muharemofski requesting permission to construct a 3.96m (13’) x 2.8m (9.19’) sunroom addition having a rear yard setback of 4.3m (14.11’) rather than the required 7.5m (24.61’), on Lot 84, Registered Plan 58M-273, 697 Windflower Crescent, BE APPROVED Kitchener, Ontario, , subject to the following condition: 1. That the owner shall obtain a building permit (No.12 180020) from the City’s Building Division for the rear sunroom addition. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission No.: 4. A 2012-057 Applicant: Paula Lee Clarke and Andre Rene Lavoie Property Location: 104 Sixth Avenue Legal Description: Part Block ‘G’, Plan 254 Appearances: In Support: P. Dupis Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT - 209 -AUGUST 21, 2012 4. Submission No.: A 2012-057 (Cont’d) The Committee was advised that the applicant is requesting permission to construct a covered porch having a front yard setback of 2.9m (9.52’) rather than the required 4.5m (14.77’) and steps having a height above finished grade of 1.2m (3.94’) within 3m (9.85’) of the front lot line rather than the permitted maximum of 0.6m (1.97’) in height above finished grade. The Committee considered the report of the Planning Division, dated August 13, 2012, advising that the applicant is requesting a minor variance to construct a covered unenclosed porch having a front yard setback of 2.9m (9.52’) rather than the required 4.5m (14.77’) and steps having a height above finished grade of 1.2m (3.94’) within 3m (9.85’) of the front lot line rather than the permitted maximum of 0.6m (1.97’) in height above finished grade. The property is zoned Residential Four (R-4) and is designated in the Official Plan as Low Rise Residential. It is located on the west side of Sixth Avenue between Kingsway Drive and Connaught Street. The use of the property is for a single family dwelling. City Planning staff conducted a site inspection of the property and noted that the driveway for the subject property has been widened in front of the house (Photo 2) which was not indicated on the submitted drawings or in the 2009 aerial photo (Photo 1). Staff does confirm that the widened driveway meets the regulations of the Zoning by-law. However, the proposed porch appears to be located within the 4.5 metres driveway visibility triangle (DVT) which is not permitted by the Zoning By-law. Staff contacted the applicant and rather than deferring the application to allow the owner to update both the application and the drawing, the applicant has agreed to reduce the size of the porch to ensure that it is outside of the DVT. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variance meets the intent of the Official Plan for the following reason. Low Rise Residential districts accommodate a full range of housing types and favour the mixing and integration of different forms of housing to achieve a low overall intensity of use. The proposed porch addition is appropriate to an area of low rise housing. The variance meets the intent of the Zoning By-law and can be considered minor for the following reasons. The intent of the regulation is to ensure there is sufficient setback for buildings and structures from the public streetscape for privacy for the property owner and enjoyment and safety for the public using the sidewalk and/or the roads. It is noted that a porch that does not exceed 0.6 metres above grade would be permitted to be located up to 3 metres from the lot line. However, the proposed porch is to be located 1.2 metres above grade and therefore requires this variance. The additional elevation of 0.6 m above this requirement can be deemed to meet the intent of the by-law, if the driveway visibility triangles are maintained for safety and if the porch is not enclosed. As well, it is noted that there is approximately 1.2 metre of additional green space boulevard between the front lot line and the sidewalk. Based on the above comments, staff is of the opinion that the intent of the by-law is being met and the variance can be considered minor. The variance is appropriate for the development and use of the land for the following reason. The porch will contribute the use of outdoor amenity area for this property but still maintain sufficient setback for both the property owners and the public using the sidewalk and road right-of-way. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 1, 2012, advising that they have no concerns with this application. Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Paula Lee Clarke and Andre Rene Lavoie requesting permission to construct a covered unenclosed porch having a front yard setback of 2.9m (9.52’) rather than the required 4.5m (14.77’) and steps having a height above finished grade of 1.2m (3.94’) within 3m (9.85’) of the front lot line rather than the permitted maximum of 0.6m (1.97’) in height above BE finished grade, on Part Block ‘G’, Plan 254, 104 Sixth Avenue, Kitchener, Ontario, APPROVED , subject to the following conditions: COMMITTEE OF ADJUSTMENT - 210 -AUGUST 21, 2012 4. Submission No.: A 2012-057 (Cont’d) 1. That the owner shall submit, to the satisfaction of the Directors of Planning and Transportation Services, an accurately scaled drawing indicating the reduced size of the porch, the stairs, the existing driveway and the driveway visibility triangle. 2. That the porch and any stairs higher than 0.9m (2.96’) above grade shall be located outside of any 4.5m (14.77’) driveway visibility triangle. 3. That the owner shall obtain a building permit for the porch and stairs from the City’s Building Division. 4. That Condition Nos. 1, 2 and 3 inclusive shall be satisfied by November 30, 2012 and if not completed as required, this minor variance approval becomes null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried CONSENT 1. Submission No.: B 2012-022 to B 2012-026 Applicant: Will-O Homes (C S) Inc. Property Location: 439 Bridgeport Road Legal Description: Lot 3, Registered Plan 674 Appearances: In Support: K. Murphy Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land to create 5 new lots for future residential development fronting onto Leander Place, with 4 new lots having a frontage of 7.32m (24.02’), a depth of 30.472m (99.98’) and an area of 223.06m2 (2,401.08 sq.ft); and one new lot having a frontage of 7.183m (23.57’), a depth of 30.472m (99.98’) and an area of 229.49m2 (2,470.29 sq.ft). The retained lands will continue to be used as residential. The Committee considered the report of the Planning Division, dated August 14, 2012, advising that the subject lands are located on the south side of Bridgeport Road, between Lancaster Street West and the Highway 85 on/off ramp. City Planning staff conducted a site inspection of the property on July 25, 2012. The surrounding neighbourhood contains a range of low density residential land uses: the property on the opposite side of Leander Place is a 6-unit apartment building, the property immediately to the south is a duplex, the property immediately to the west is a single detached dwelling. Two triplexes are located a few properties to the south. Single detached dwellings represent the predominant land use in the greater neighbourhood which extends to the south and east. Currently, there are no semi-detached dwellings in the neighbourhood. The subject lands are comprised of two abutting properties that have been consolidated for the purpose of redevelopment: a lot municipally addressed as 439 Bridgeport Road which contains a one-storey single detached dwelling, and a vacant lot at the corner of Leander Place and COMMITTEE OF ADJUSTMENT - 211 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) Bridgeport Road. In total, the lands have approximately 30.5 metres of frontage on Bridgeport Road and 48.8 metres of frontage on Leander Place. The lands are presently designated Low Rise Residential in the Official Plan. The subject lands were recently rezoned from Residential Three Zone (R-3) to Residential Four Zone (R-4) with Special Regulation Provision 629R in order to facilitate the future construction of three semi-detached dwellings (i.e., three buildings), with each semi-detached house (i.e., half of a semi-detached dwelling) being located on its own lot for a total of six units. The owner is now requesting consent to sever the property so as to create five new lots and retain one lot for a total of six resultant lots with the following characteristics (as shown on the sketch provided with the application form, with figures rounded to two decimal places): Severance 1: 7.32 metres of frontage on Leander Place, 223.06 square metres of area, 30.47 metres of depth Severance 2: 7.32 metres of frontage on Leander Place, 223.06 square metres of area, 30.47 metres of depth Severance 3: 7.32 metres of frontage on Leander Place, 223.06 square metres of area, 30.47 metres of depth Severance 4: 7.32 metres of frontage on Leander Place, 223.06 square metres of area, 30.47 metres of depth Severance 5: 7.18 metres of frontage on Leander Place (note that lot width is 7.32 metres), 229.49 square metres of area, 30.47 metres of depth Retained Lands: 4.71 metres of frontage on Leander Place, 30.48 metres of frontage on Bridgeport Road, 336.77 square metres of area, 30.48 metres of depth An analysis of the sketch provided with the application demonstrates that all resultant lots would comply with the Zoning By-law for the proposed uses. Note that a corner visibility triangle will be conveyed to the Region from the retained lands. Current Zoning By-law regulations ensure that the lot width of the retained lands will comply despite the conveyance. 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, Planning staff is of the opinion that the proposed severance conforms to the City’s Official Plan, that highways, utilities and municipal services are available and adequate, and that the configuration of the proposed lots can be considered appropriate for intended uses. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement, 2005 and conforms to the Growth Plan tor the Greater Golden Horseshoe, 2006. In order to ensure preservation of trees where feasible, staff recommends that a Tree Management Plan be required as a condition of severance approval. In addition, in order to ensure compatibility with the existing single detached dwelling immediately to the west (addressed as 435 Bridgeport Rd), staff recommends that a 2.4 metre (8 foot) high, wood, board-on-board fence be constructed along the rear lot lines of all resultant lots (i.e., along the westerly lot line of the subject property). Furthermore, since the time of the zone change approval, it has come to the attention of staff that the subject property is listed in Vernon’s Directory as being a haulage business the 1970s. In order to ensure the safety of future residents of the property, staff recommends that an approval condition be imposed requiring that a Phase One Environmental Site Assessment (ESA) and possibly a Phase Two ESA and Record of Site Condition be completed, if necessary, to the satisfaction of the City’s Chief Building Official. The Committee considered the report of the Region of Waterloo Transportation Planner, dated August 14, 2012, advising that the subject lands were recently rezoned through By-law 2012-098 passed by the City of Kitchener June 25, 2012 from Residential Three Zone (R-3) to Residential Four Zone (R-4) with Special Regulation Provisions. The purpose of the proposed zone change was to allow the future construction of three semi-detached dwellings with frontage on Leander Place. COMMITTEE OF ADJUSTMENT - 212 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) Community Planning Record of Site Condition It has been identified that the subject lands may have been occupied by a haulage business from the 1970’s. In consultation with City staff, a Phase I EnvironmentalSite Assessment (ESA) is required to confirm if this type of business occupied the site. After review of the Phase I ESA, if the City of Kitchener Chief Building Official confirms that further information is required, in accordance with the Region’s Guideline entitled “Implementation Guideline for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites”, a Record of Site Condition (RSC) may be required for the subject site prior to final approval. In the event the Record of Site Condition is audited, the Regional Municipality of Waterloo must be advised by the Ministry of the Environment that the requirements of an audit, if any, are completed to the satisfaction of the Ministry of the Environment. Two (2) copies of the completed Record of Site Condition and Ministry acknowledgment must be forwarded to the Regional Commissioner of Planning, Housing and Community Services. The Region has received a letter from the City of Kitchener Chief Building Official dated August 14, 2012 indicating that the City of Kitchener Building Division will require a Phase I Environmental Site Assessment (ESA) prior to issuance of building permit for sensitive land uses. Upon review of the Phase I ESA, at the discretion of the City of Kitchener Chief Building Official, if further environmental investigation is required, a Phase II ESA and or Record of Site Condition will be required in accordance with Ontario Regulation 153/04. The City is also implementing this requirement through a condition of approval whereby the Developer shall enter into a registered development agreement with the City of Kitchener. Transportation Planning Road Widening At this location, a 7.62 metre (25 feet) daylight triangle at the corner of Bridgeport Road/Leander Place is required to be dedicated to the Region. The land must be conveyed to the Region of Waterloo for road allowance purposes and must be conveyed without cost and free of encumbrance. The Developer shall engage an Ontario Land Surveyor (OLS) to prepare a draft Reference Plan which illustrates the required daylight triangle. Prior to registering the Reference Plan the OLS should submit a draft copy of the Plan for review to Regional Transportation Planning. Upon review and approval of the draft Reference Plan, 4 copies of the registered Reference Plan are to be provided to Transportation Planning. The Developer’s Solicitor shall prepare the land transfer document and submit the appropriate documentation to the Region’s Property Legal Assistant (Crystal Ladd – 519-575-4709) for registration. Traffic site Circulation & Access A Regional Road Access permit(s) will be required to close the existing entrances onto Bridgeport Road. Entrances to all the proposed lots shall be provided from Leander Place which is indicated on the concept plans. Stormwater Management A Site Servicing Plan, Grading, Erosion & Sediment Control Plan, Original Conditions and Removals Plan and the accompanying Stormwater Management Report for the entire site has been submitted to the Region for review and approval by Regional staff. Transit Grand River Transit (GRT) staff have identified a location for a future transit shelter along the Bridgeport Road frontage. GRT staff have advised that they will require a 2.0m x 4.0m easement, required to be conveyed by separate conveyance to the satisfaction of the Region, at no cost to the Region and free of any encumbrances. This easement will provide an area for a COMMITTEE OF ADJUSTMENT - 213 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) GRT shelter for Bus Route 35 when the existing stop is moved from the west side of Leander Place to this location. Grand River Transit staff would like to review the location with the Developer. The Developer is required to provide the Region a draft Reference Plan to ensure the easement is located in the correct location. After the Region approves the location, the Reference Plan can be registered and the draft Transfer can be prepared and forwarded to Regional Legal Services for registration. For any further information on the exact location of the required transit easement, please contact Mr. Reid Fulton at 519-575-3123. Traffic Noise Assessment Due to existing traffic volumes on Bridgeport Road East and Conestoga Parkway (Provincial Highway 85), the Developer has prepared a Traffic Noise Assessment entitled “Noise Impact Study, Development of 439 Bridgeport Road East, Kitchener, Ontario”, dated January 13, 2012 and Addendum, dated February 21, 2012, prepared by Conestoga-Rovers & Associates and Regional staff concur with the recommendations. The report has determined the predicted noise levels for the residential units exceed the permitted noise levels. The report recommends the need for a noise attenuation wall to mitigate noise for the Outdoor Amenity Area for Unit 1, noise warning clauses, special building components, provision for future central air conditioning and the requirement for central air conditioning. Regional staff has no objection to the proposed consent applications subject to the following conditions: 1. That prior to final approval, the Developer provide a 7.62 metre by 7.62 metre daylight corner at the corner of Bridgeport Road/Leander Place to the Regional Municipality of Waterloo. Along with a registerable deed to convey the daylight corner, the Developer must provide a mylar copy of the registered reference plan at no cost to the Region; 2. That prior to final approval, the Developer obtains a Regional Access Permit for closure of the existing access on Bridgeport Road from the Regional Municipality of Waterloo; 3. That prior to final approval, the Region reviews and approves the submitted Site Servicing Plan, Grading, Erosion & Sediment Control Plan, Original Conditions and Removals Plan and the accompanying Stormwater Management Report; 4. That prior to final approval, the Developer provides the Regional Municipality of Waterloo a 2.0m x 4.0m transit shelter easement to be located along the Bridgeport Road frontage for the purpose of constructing, installing, operating, maintaining, inspecting, altering, moving, replacing, reconstructing and repairing a bus shelter, concrete pad and other works and appurtenances thereto for every such purpose and for all purposes necessary by separate conveyance in a form satisfactory to the Region, at no cost to the Region and free of any encumbrances. The Developer is required to provide the Region a draft Reference Plan to ensure the easement is located in the correct location. After the Region approves the location, the draft Reference Plan can be registered and the draft Transfer can be prepared and forwarded to Regional Legal Services for registration; 5. That prior to final approval for the retained lands, proposed severed lots 1, 4 and 5, the Developer enters into a registered agreement with the Regional Municipality of Waterloo to agree to construct a central air-conditioning system; 6. That prior to final approval for the proposed severed lots 2 and 3, the Developer enters into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with a forced air-duct heating system for the provision of a central air conditioning system; 7. That prior to final approval for the retained lands and proposed severed lots 1 to 5 inclusive, the Developer enters into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with double-glazed windows (minimum 3mm panes with 3mm air space); COMMITTEE OF ADJUSTMENT - 214 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) 8. That prior to final approval for the retained lands and proposed severed lots 1, 4 and 5, the Developer enters into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with acoustical door and window seals; 9. a) That prior to final approval for the retained lands the Developer enters into a registered agreement with the Regional Municipality of Waterloo to agree to construct a minimum 2.25 metre high noise attenuation wall in accordance with the approved noise assessment entitled Noise Impact Study Addendum, Development of 439 Bridgeport Road East, Kitchener, Ontario, dated February 21, 2012, prepared by Conestoga-Rovers & Associates; b) Prior to commencing construction of the noise attenuation wall, the Developer shall prepare and submit a Noise Wall Design Report, in accordance with Section 7.2 of The Regional Municipality of Waterloo’s Implementation Guideline for Noise Policies, to the satisfaction of the Region; c) The Developer agrees that construction of the noise attenuation wall shall be completed prior to occupancy for the subject lands. Upon completion, the Developer shall submit an Engineer’s Report certifying the noise attenuation wall has been constructed in accordance with the approved design and all applicable Regional standards, to the satisfaction of the Region; d) The Developer agrees to preserve the function of and to maintain the noise attenuation wall constructed upon the lands. The Developer agrees that the Region, through its employees and agents has the right to enter onto the lands to inspect the noise attenuation wall. The Developer agrees to repair or, if necessary replace the noise attenuation wall. Should the Developer fail to repair or replace the noise attenuation wall upon receipt of a written notice from the Region, as the Region deems necessary, the Developer agrees that the Region may undertake such work upon the expiration of the time set out in the notice. If such work is undertaken by the Region, the Developer hereby agrees to permit entry upon the lands for this purpose and agrees to reimburse the Region fully for all costs of undertaking such work; 10) That prior to final approval for the retained lands and Unit 1, the Developer enters into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with central air conditioning system allowing windows to remain closed and has been developed such that noise attenuation features are included”; 11) That prior to final approval for Units 2 and 3, the Developer enters into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-duct heating system suitably sized to accommodate central air-conditioning by the occupant and has been developed such that noise attenuation features are included”, and; 12) That prior to final approval for Units 4 and 5, the Developer enters into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) and the Conestoga Parkway (Provincial Highway 85), projected noise levels on this COMMITTEE OF ADJUSTMENT - 215 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with central air conditioning system allowing windows to remain closed and has been developed such that noise attenuation features are included”. 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 09-024 or any successor thereof. Applicants are also advised that there may be a Regional fee assessed for development agreements if required. The Committee considered the report of the Ministry of Transportation, dated August 9, 2012 advising that they have no objection to the approval of this application. The owners should be aware that permits are required from the Ministry before any grading/constructioncommences. Mr. B. McColl raised concerns that this development represents the highest density in the entire neighbourhood. Ms. K. Murphy advised that there is a 6 storey walk-up apartment building across the street and triplexes to the south of the property, as well as other multi-use and single residential dwellings in the area.She maintained that this development is still less in density than what exists on the other side of the street and is an appropriate location for semis which are still a low form of residential housing. She added that the proposed development is in keeping with Provincial and municipal planning policies. Mr. McColl noted that the Committee must also consider compatibility of the proposal to the surrounding neighbourhood questioning if consultation with area residents has taken place. Ms. Murphy advised that consultation was undertaken through a recent rezoning application and the only concern raised came from the owner of 435 Bridgeport Road who requested a condition of approval to require a fence to be constructed. Mr. A. Head requested clarification as to what triggers a draft plan of subdivision application versus a severance application. Ms. J. von Westerholt advised that typically a draft plan of subdivision application is required if the proposal involves construction of a road and confirmed that no construction of a road is involved in the severance applications. Submission No. B 2012-022 Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Will-O Homes (C S) Inc. requesting permission to sever a parcel of land to create one new lot for future residential development fronting onto Leander Place, having a frontage of 7.32m (24.02’), a depth of 30.472m (99.98’) and an area of 223.06m2 (2,401.08 sq.ft), BE GRANTED on Lot 3, Plan 674, Kitchener, Ontario, , subject to the following conditions: 1. That satisfactory arrangements shall be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener’s Digital Design Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed, to the satisfaction of the City’s Director of Operations; which based on current standards, cash-in-lieu contributions are calculated as follows: 36.463 metres x $9,200 per metre of frontage x 0.05 = $16,772.98 (note that this calculation is subject to changes in the parkland policies). 4. That the owner shall obtain a demolition permit for all existing buildings greater than 108 square feet in area and shall demolish the existing single detached dwelling and existing accessory buildings, to the satisfaction of the City’s Building Division. COMMITTEE OF ADJUSTMENT - 216 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-022 (Cont’d) 5. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of each severed parcel and the retained lands, which shall require: a. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of each severed parcel and the retained lands, which shall require the owner to undertake a Phase One Environmental Site Assessment (ESA), in accordance with Regulation 153/04, as amended, prior to the commencement of any grading on the site and prior to the issuance of any building permits, to the satisfaction of the City’s Chief Building Official. If the Phase One ESA determines that a Phase Two ESA and/or a Record of Site Condition (RSC) is/are required, then these shall be required also, prior to the commencement of any grading on the site and prior to the issuance of any building permits, to the satisfaction of the City’s Chief Building Official. b. That prior to the commencement of any grading on the site, and prior to the application or issuance of a building permit, the owner shall submit a Tree Preservation/ Enhancement Plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Director of Planning showing: i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; ii. the location of any existing buildings or structures to be removed or relocated; iii. the proposed grades and drainage; iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; v. justification for any trees to be removed; vi. outline tree protection measures for trees to be preserved; and, vii. written confirmation in support of the proposed tree protection measures, tree protection location, and tree removals for trees in joint ownership, will be required from adjacent property owners, if required by the Director of Planning. c. That within 90 days of the completion of the first semi-detached dwelling on the subject lands, the owner shall construct a 2.4 metre (8 foot) high, wood, board-on- board fence along the rear lot lines of all resultant lots (i.e., along the westerly lot line of the subject property), to the satisfaction of the Director of Planning. d. That any new driveways are to be built to City of Kitchener standards at grade with the future sidewalk. All works shall be at the owner’s expense and all work shall be completed prior to occupancy of the buildings, to the satisfaction of the City’s Engineering Services. 6. That the owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property (severed and retained lots), all prior to severance approval. 7. That any redundant driveways are to be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards, prior to severance approval. 8. That the owner shall submit a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets, to the satisfaction of the City’s Engineering Services, prior to severance approval. The owner shall ensure that the basement elevation of the proposed dwellings can be drained by gravity to the street sewers. If this is not the case, then the owner shall be required 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, to the satisfaction of the City’s Engineering Services. COMMITTEE OF ADJUSTMENT - 217 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-022 (Cont’d) 9. That the owner shall complete and submit a Reconstruction As-Recorded Tracking Form as per the Public Sector Accounting Board (PSAB) S. 3150 for the development along with a digital submission of all AutoCad drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names, and numbering system to the satisfaction of the City's Engineering Services, prior to severance approval. 10. That the owner shall demonstrate that an adequate and appropriate sump pump outlet, including an on-site infiltration system, can be provided to or on the site to the satisfaction of City's Engineering Services, prior to severance approval; and, in the event that the municipal storm sewer must be extended to service the subject development, a certificate of approval for sewage works will be required by the Ministry of Environment in accordance with Section 53 of the Ontario Water Resources Act, to the satisfaction of the City’s Engineering Services, prior to severance approval. 11. That prior to final approval, the Developer shall provide a 7.62 metre by 7.62 metre daylight corner at the corner of Bridgeport Road/Leander Place to the Regional Municipality of Waterloo. Along with a registerable deed to convey the daylight corner, the Developer must provide a mylar copy of the registered reference plan at no cost to the Region. 12. That prior to final approval, the Developer shall obtain a Regional Access Permit for closure of the existing access on Bridgeport Road from the Regional Municipality of Waterloo. 13. That prior to final approval, the Regional Municipality of Waterloo shall review and approve the submitted Site Servicing Plan, Grading, Erosion & Sediment Control Plan, Original Conditions and Removals Plan and the accompanying Stormwater Management Report. 14. That prior to final approval, the Developer shall provide the Regional Municipality of Waterloo a 2.0m x 4.0m transit shelter easement to be located along the Bridgeport Road frontage for the purpose of constructing, installing, operating, maintaining, inspecting, altering, moving, replacing, reconstructing and repairing a bus shelter, concrete pad and other works and appurtenances thereto for every such purpose and for all purposes necessary by separate conveyance in a form satisfactory to the Region, at no cost to the Region and free of any encumbrances. The Developer is required to provide the Region a draft Reference Plan to ensure the easement is located in the correct location. After the Region approves the location, the draft Reference Plan can be registered and the draft Transfer can be prepared and forwarded to Regional Legal Services for registration. 15. That prior to final approval for the retained lands, proposed severed lots 1, 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct a central air-conditioning system. 16. That prior to final approval for the proposed severed lots 2 and 3, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with a forced air-duct heating system for the provision of a central air conditioning system. 17. That prior to final approval for the retained lands and proposed severed lots 1 to 5 inclusive, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with double-glazed windows (minimum 3mm panes with 3mm air space). 18. That prior to final approval for the retained lands and proposed severed lots 1, 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with acoustical door and window seals. 19. a) That prior to final approval for the retained lands the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct a minimum 2.25 metre high noise attenuation wall in accordance with the approved COMMITTEE OF ADJUSTMENT - 218 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-022 (Cont’d) 19. (Cont’d) noise assessment entitled Noise Impact Study Addendum, Development of 439 Bridgeport Road East, Kitchener, Ontario, dated February 21, 2012, prepared by Conestoga-Rovers & Associates. b) That prior to commencing construction of the noise attenuation wall, the Developer shall prepare and submit a Noise Wall Design Report, in accordance with Section 7.2 of The Regional Municipality of Waterloo’s Implementation Guideline for Noise Policies, to the satisfaction of the Region. c) That the Developer shall agree that construction of the noise attenuation wall shall be completed prior to occupancy for the subject lands. Upon completion, the Developer shall submit an Engineer’s Report certifying the noise attenuation wall has been constructed in accordance with the approved design and all applicable Regional standards, to the satisfaction of the Region. d) That the Developer shall agree to preserve the function of and to maintain the noise attenuation wall constructed upon the lands. The Developer shall agree that the Region, through its employees and agents has the right to enter onto the lands to inspect the noise attenuation wall. The Developer shall agree to repair or, if necessary replace the noise attenuation wall. Should the Developer fail to repair or replace the noise attenuation wall upon receipt of a written notice from the Region, as the Region deems necessary, the Developer shall agree that the Region may undertake such work upon the expiration of the time set out in the notice. If such work is undertaken by the Region, the Developer shall hereby agree to permit entry upon the lands for this purpose and shall agree to reimburse the Region fully for all costs of undertaking such work. 20. That prior to final approval for the retained lands and Unit 1, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with central air conditioning system allowing windows to remain closed and has been developed such that noise attenuation features are included”. 21. That prior to final approval for Units 2 and 3, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-duct heating system suitably sized to accommodate central air-conditioning by the occupant and has been developed such that noise attenuation features are included”. 22. That prior to final approval for Units 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) and the Conestoga Parkway (Provincial Highway 85), projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with central air conditioning system allowing windows to remain closed and has been developed such that noise attenuation features are included”. COMMITTEE OF ADJUSTMENT - 219 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-022 (Cont’d) 23. That prior to any grading and/or construction commencing on the retained and all severed lands the owner shall obtain permits as required by the Ministry of Transportation. 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 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 21, 2014. Carried Submission No. B 2012-023 Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Will-O Homes (C S) Inc. requesting permission to sever a parcel of land to create one new lot for future residential development fronting onto Leander Place, having a frontage of 7.32m (24.02’), a depth of 30.472m (99.98’) and an area of 223.06m2 (2,401.08 sq.ft), BE GRANTED on Lot 3, Plan 674, Kitchener, Ontario, , subject to the following conditions: 1. That satisfactory arrangements shall be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener’s Digital Design Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed, to the satisfaction of the City’s Director of Operations; which based on current standards, cash-in-lieu contributions are calculated as follows: 36.463 metres x $9,200 per metre of frontage x 0.05 = $16,772.98 (note that this calculation is subject to changes in the parkland policies). 4. That the owner shall obtain a demolition permit for all existing buildings greater than 108 square feet in area and shall demolish the existing single detached dwelling and existing accessory buildings, to the satisfaction of the City’s Building Division. 5. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of each severed parcel and the retained lands, which shall require: a. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of each severed parcel and the retained lands, which shall require the owner to undertake a Phase One Environmental Site Assessment (ESA), in accordance with Regulation 153/04, as amended, prior to the commencement of any grading on the site and prior to the issuance of any building permits, to the satisfaction of the City’s Chief Building Official. COMMITTEE OF ADJUSTMENT - 220 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-023 (Cont’d) 5. (Cont’d) If the Phase One ESA determines that a Phase Two ESA and/or a Record of Site Condition (RSC) is/are required, then these shall be required also, prior to the commencement of any grading on the site and prior to the issuance of any building permits, to the satisfaction of the City’s Chief Building Official. b. That prior to the commencement of any grading on the site, and prior to the application or issuance of a building permit, the owner shall submit a Tree Preservation/Enhancement Plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Director of Planning showing: i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; ii. the location of any existing buildings or structures to be removed or relocated; iii. the proposed grades and drainage; iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; v. justification for any trees to be removed; vi. outline tree protection measures for trees to be preserved; and, vii. written confirmation in support of the proposed tree protection measures, tree protection location, and tree removals for trees in joint ownership, will be required from adjacent property owners, if required by the Director of Planning. c. That within 90 days of the completion of the first semi-detached dwelling on the subject lands, the owner shall construct a 2.4 metre (8 foot) high, wood, board-on-board fence along the rear lot lines of all resultant lots (i.e., along the westerly lot line of the subject property), to the satisfaction of the Director of Planning. d. That any new driveways are to be built to City of Kitchener standards at grade with the future sidewalk. All works shall be at the owner’s expense and all work shall be completed prior to occupancy of the buildings, to the satisfaction of the City’s Engineering Services. 6. That the owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property (severed and retained lots), all prior to severance approval. 7. That any redundant driveways are to be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards, prior to severance approval. 8. That the owner shall submit a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets, to the satisfaction of the City’s Engineering Services, prior to severance approval. The owner shall ensure that the basement elevation of the proposed dwellings can be drained by gravity to the street sewers. If this is not the case, then the owner shall be required 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, to the satisfaction of the City’s Engineering Services. 9. That the owner shall complete and submit a Reconstruction As-Recorded Tracking Form as per the Public Sector Accounting Board (PSAB) S. 3150 for the development along with a digital submission of all AutoCad drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names, and numbering system to the satisfaction of the City's Engineering Services, prior to severance approval. 10. That the owner shall demonstrate that an adequate and appropriate sump pump outlet, including an on-site infiltration system, can be provided to or on the site to the satisfaction of City's Engineering Services, prior to severance approval; and, in the event that the COMMITTEE OF ADJUSTMENT - 221 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-023 (Cont’d) 10. (Cont’d) municipal storm sewer must be extended to service the subject development, a certificate of approval for sewage works will be required by the Ministry of Environment in accordance with Section 53 of the Ontario Water Resources Act, to the satisfaction of the City’s Engineering Services, prior to severance approval. 11. That prior to final approval, the Developer shall provide a 7.62 metre by 7.62 metre daylight corner at the corner of Bridgeport Road/Leander Place to the Regional Municipality of Waterloo. Along with a registerable deed to convey the daylight corner, the Developer must provide a mylar copy of the registered reference plan at no cost to the Region. 12. That prior to final approval, the Developer shall obtain a Regional Access Permit for closure of the existing access on Bridgeport Road from the Regional Municipality of Waterloo. 13. That prior to final approval, the Regional Municipality of Waterloo shall review and approve the submitted Site Servicing Plan, Grading, Erosion & Sediment Control Plan, Original Conditions and Removals Plan and the accompanying Stormwater Management Report. 14. That prior to final approval, the Developer shall provide the Regional Municipality of Waterloo a 2.0m x 4.0m transit shelter easement to be located along the Bridgeport Road frontage for the purpose of constructing, installing, operating, maintaining, inspecting, altering, moving, replacing, reconstructing and repairing a bus shelter, concrete pad and other works and appurtenances thereto for every such purpose and for all purposes necessary by separate conveyance in a form satisfactory to the Region, at no cost to the Region and free of any encumbrances. The Developer is required to provide the Region a draft Reference Plan to ensure the easement is located in the correct location. After the Region approves the location, the draft Reference Plan can be registered and the draft Transfer can be prepared and forwarded to Regional Legal Services for registration. 15. That prior to final approval for the retained lands, proposed severed lots 1, 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct a central air-conditioning system. 16. That prior to final approval for the proposed severed lots 2 and 3, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with a forced air-duct heating system for the provision of a central air conditioning system. 17. That prior to final approval for the retained lands and proposed severed lots 1 to 5 inclusive, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with double-glazed windows (minimum 3mm panes with 3mm air space). 18. That prior to final approval for the retained lands and proposed severed lots 1, 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with acoustical door and window seals. 19. a) That prior to final approval for the retained lands the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct a minimum 2.25 metre high noise attenuation wall in accordance with the approved noise assessment entitled Noise Impact Study Addendum, Development of 439 Bridgeport Road East, Kitchener, Ontario, dated February 21, 2012, prepared by Conestoga-Rovers & Associates. b) That prior to commencing construction of the noise attenuation wall, the Developer shall prepare and submit a Noise Wall Design Report, in accordance with Section 7.2 of The Regional Municipality of Waterloo’s Implementation Guideline for Noise Policies, to the satisfaction of the Region. COMMITTEE OF ADJUSTMENT - 222 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-023 (Cont’d) 19. (Cont’d) c) That the Developer shall agree that construction of the noise attenuation wall shall be completed prior to occupancy for the subject lands. Upon completion, the Developer shall submit an Engineer’s Report certifying the noise attenuation wall has been constructed in accordance with the approved design and all applicable Regional standards, to the satisfaction of the Region. d) That the Developer shall agree to preserve the function of and to maintain the noise attenuation wall constructed upon the lands. The Developer shall agree that the Region, through its employees and agents has the right to enter onto the lands to inspect the noise attenuation wall. The Developer shall agree to repair or, if necessary replace the noise attenuation wall. Should the Developer fail to repair or replace the noise attenuation wall upon receipt of a written notice from the Region, as the Region deems necessary, the Developer shall agree that the Region may undertake such work upon the expiration of the time set out in the notice. If such work is undertaken by the Region, the Developer shall hereby agree to permit entry upon the lands for this purpose and shall agree to reimburse the Region fully for all costs of undertaking such work. 20. That prior to final approval for the retained lands and Unit 1, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with central air conditioning system allowing windows to remain closed and has been developed such that noise attenuation features are included”. 21. That prior to final approval for Units 2 and 3, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-duct heating system suitably sized to accommodate central air-conditioning by the occupant and has been developed such that noise attenuation features are included”. 22. That prior to final approval for Units 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) and the Conestoga Parkway (Provincial Highway 85), projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with central air conditioning system allowing windows to remain closed and has been developed such that noise attenuation features are included”. 23. That prior to any grading and/or construction commencing on the retained and all severed lands the owner shall obtain permits as required by the Ministry of Transportation. 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. COMMITTEE OF ADJUSTMENT - 223 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-023 (Cont’d) 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 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 21, 2014. Carried Submission No. B 2012-024 Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Will-O Homes (C S) Inc. requesting permission to sever a parcel of land to create one new lot for future residential development fronting onto Leander Place, having a frontage of 7.32m (24.02’), a depth of 30.472m (99.98’) and an area of 223.06m2 (2,401.08 sq.ft), BE GRANTED on Lot 3, Plan 674, Kitchener, Ontario, , subject to the following conditions: 1. That satisfactory arrangements shall be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener’s Digital Design Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed, to the satisfaction of the City’s Director of Operations; which based on current standards, cash-in-lieu contributions are calculated as follows: 36.463 metres x $9,200 per metre of frontage x 0.05 = $16,772.98 (note that this calculation is subject to changes in the parkland policies). 4. That the owner shall obtain a demolition permit for all existing buildings greater than 108 square feet in area and shall demolish the existing single detached dwelling and existing accessory buildings, to the satisfaction of the City’s Building Division. 5. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of each severed parcel and the retained lands, which shall require: a. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of each severed parcel and the retained lands, which shall require the owner to undertake a Phase One Environmental Site Assessment (ESA), in accordance with Regulation 153/04, as amended, prior to the commencement of any grading on the site and prior to the issuance of any building permits, to the satisfaction of the City’s Chief Building Official. If the Phase One ESA determines that a Phase Two ESA and/or a Record of Site Condition (RSC) is/are required, then these shall be required also, prior to the commencement of any grading on the site and prior to the issuance of any building permits, to the satisfaction of the City’s Chief Building Official. COMMITTEE OF ADJUSTMENT - 224 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-023 (Cont’d) 5. (Cont’d) b. That prior to the commencement of any grading on the site, and prior to the application or issuance of a building permit, the owner shall submit a Tree Preservation/Enhancement Plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Director of Planning showing: i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; ii. the location of any existing buildings or structures to be removed or relocated; iii. the proposed grades and drainage; iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; v. justification for any trees to be removed; vi. outline tree protection measures for trees to be preserved; and, vii. written confirmation in support of the proposed tree protection measures, tree protection location, and tree removals for trees in joint ownership, will be required from adjacent property owners, if required by the Director of Planning. c. That within 90 days of the completion of the first semi-detached dwelling on the subject lands, the owner shall construct a 2.4 metre (8 foot) high, wood, board-on- board fence along the rear lot lines of all resultant lots (i.e., along the westerly lot line of the subject property), to the satisfaction of the Director of Planning. d. That any new driveways are to be built to City of Kitchener standards at grade with the future sidewalk. All works shall be at the owner’s expense and all work shall be completed prior to occupancy of the buildings, to the satisfaction of the City’s Engineering Services. 6. That the owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property (severed and retained lots), all prior to severance approval. 7. That any redundant driveways are to be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards, prior to severance approval. 8. That the owner shall submit a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets, to the satisfaction of the City’s Engineering Services, prior to severance approval. The owner shall ensure that the basement elevation of the proposed dwellings can be drained by gravity to the street sewers. If this is not the case, then the owner shall be required 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, to the satisfaction of the City’s Engineering Services. 9. That the owner shall complete and submit a Reconstruction As-Recorded Tracking Form as per the Public Sector Accounting Board (PSAB) S. 3150 for the development along with a digital submission of all AutoCad drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names, and numbering system to the satisfaction of the City's Engineering Services, prior to severance approval. 10. That the owner shall demonstrate that an adequate and appropriate sump pump outlet, including an on-site infiltration system, can be provided to or on the site to the satisfaction of City's Engineering Services, prior to severance approval; and, in the event that the municipal storm sewer must be extended to service the subject development, a certificate of approval for sewage works will be required by the Ministry of Environment in accordance with Section 53 of the Ontario Water Resources Act, to the satisfaction of the City’s Engineering Services, prior to severance approval. COMMITTEE OF ADJUSTMENT - 225 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-024 (Cont’d) 11. That prior to final approval, the Developer shall provide a 7.62 metre by 7.62 metre daylight corner at the corner of Bridgeport Road/Leander Place to the Regional Municipality of Waterloo. Along with a registerable deed to convey the daylight corner, the Developer must provide a mylar copy of the registered reference plan at no cost to the Region. 12. That prior to final approval, the Developer shall obtain a Regional Access Permit for closure of the existing access on Bridgeport Road from the Regional Municipality of Waterloo. 13. That prior to final approval, the Regional Municipality of Waterloo shall review and approve the submitted Site Servicing Plan, Grading, Erosion & Sediment Control Plan, Original Conditions and Removals Plan and the accompanying Stormwater Management Report. 14. That prior to final approval, the Developer shall provide the Regional Municipality of Waterloo a 2.0m x 4.0m transit shelter easement to be located along the Bridgeport Road frontage for the purpose of constructing, installing, operating, maintaining, inspecting, altering, moving, replacing, reconstructing and repairing a bus shelter, concrete pad and other works and appurtenances thereto for every such purpose and for all purposes necessary by separate conveyance in a form satisfactory to the Region, at no cost to the Region and free of any encumbrances. The Developer is required to provide the Region a draft Reference Plan to ensure the easement is located in the correct location. After the Region approves the location, the draft Reference Plan can be registered and the draft Transfer can be prepared and forwarded to Regional Legal Services for registration. 15. That prior to final approval for the retained lands, proposed severed lots 1, 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct a central air-conditioning system. 16. That prior to final approval for the proposed severed lots 2 and 3, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with a forced air-duct heating system for the provision of a central air conditioning system. 17. That prior to final approval for the retained lands and proposed severed lots 1 to 5 inclusive, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with double-glazed windows (minimum 3mm panes with 3mm air space). 18. That prior to final approval for the retained lands and proposed severed lots 1, 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with acoustical door and window seals. 19.a) That prior to final approval for the retained lands the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct a minimum 2.25 metre high noise attenuation wall in accordance with the approved noise assessment entitled Noise Impact Study Addendum, Development of 439 Bridgeport Road East, Kitchener, Ontario, dated February 21, 2012, prepared by Conestoga-Rovers & Associates. b) That prior to commencing construction of the noise attenuation wall, the Developer shall prepare and submit a Noise Wall Design Report, in accordance with Section 7.2 of The Regional Municipality of Waterloo’s Implementation Guideline for Noise Policies, to the satisfaction of the Region. c) That the Developer shall agree that construction of the noise attenuation wall shall be completed prior to occupancy for the subject lands. Upon completion, the Developer shall submit an Engineer’s Report certifying the noise attenuation wall has been constructed in accordance with the approved design and all applicable Regional standards, to the satisfaction of the Region. COMMITTEE OF ADJUSTMENT - 226 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-024 (Cont’d) 19. (Cont’d) d) That the Developer shall agree to preserve the function of and to maintain the noise attenuation wall constructed upon the lands. The Developer shall agree that the Region, through its employees and agents has the right to enter onto the lands to inspect the noise attenuation wall. The Developer shall agree to repair or, if necessary replace the noise attenuation wall. Should the Developer fail to repair or replace the noise attenuation wall upon receipt of a written notice from the Region, as the Region deems necessary, the Developer shall agree that the Region may undertake such work upon the expiration of the time set out in the notice. If such work is undertaken by the Region, the Developer shall hereby agree to permit entry upon the lands for this purpose and shall agree to reimburse the Region fully for all costs of undertaking such work. 20. That prior to final approval for the retained lands and Unit 1, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with central air conditioning system allowing windows to remain closed and has been developed such that noise attenuation features are included”. 21. That prior to final approval for Units 2 and 3, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-duct heating system suitably sized to accommodate central air-conditioning by the occupant and has been developed such that noise attenuation features are included”. 22. That prior to final approval for Units 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) and the Conestoga Parkway (Provincial Highway 85), projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with central air conditioning system allowing windows to remain closed and has been developed such that noise attenuation features are included”. 23. That prior to any grading and/or construction commencing on the retained and all severed lands the owner shall obtain permits as required by the Ministry of Transportation. 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. COMMITTEE OF ADJUSTMENT - 227 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-024 (Cont’d) 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 21, 2014. Carried Submission No. B 2012-025 Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Will-O Homes (C S) Inc. requesting permission to sever a parcel of land to create one new lot for future residential development fronting onto Leander Place, having a frontage of 7.32m (24.02’), a depth of 30.472m (99.98’) and an area of 223.06m2 (2,401.08 sq.ft), BE GRANTED on Lot 3, Plan 674, Kitchener, Ontario, , subject to the following conditions: 1. That satisfactory arrangements shall be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener’s Digital Design Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed, to the satisfaction of the City’s Director of Operations; which based on current standards, cash-in-lieu contributions are calculated as follows: 36.463 metres x $9,200 per metre of frontage x 0.05 = $16,772.98 (note that this calculation is subject to changes in the parkland policies). 4. That the owner shall obtain a demolition permit for all existing buildings greater than 108 square feet in area and shall demolish the existing single detached dwelling and existing accessory buildings, to the satisfaction of the City’s Building Division. 5. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of each severed parcel and the retained lands, which shall require: a. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of each severed parcel and the retained lands, which shall require the owner to undertake a Phase One Environmental Site Assessment (ESA), in accordance with Regulation 153/04, as amended, prior to the commencement of any grading on the site and prior to the issuance of any building permits, to the satisfaction of the City’s Chief Building Official. If the Phase One ESA determines that a Phase Two ESA and/or a Record of Site Condition (RSC) is/are required, then these shall be required also, prior to the commencement of any grading on the site and prior to the issuance of any building permits, to the satisfaction of the City’s Chief Building Official. b. That prior to the commencement of any grading on the site, and prior to the application or issuance of a building permit, the owner shall submit a Tree Preservation/Enhancement Plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Director of Planning showing: i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; ii. the location of any existing buildings or structures to be removed or relocated; iii. the proposed grades and drainage; COMMITTEE OF ADJUSTMENT - 228 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-025 (Cont’d) 5. (Cont’d) iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; v. justification for any trees to be removed; vi. outline tree protection measures for trees to be preserved; and, vii. written confirmation in support of the proposed tree protection measures, tree protection location, and tree removals for trees in joint ownership, will be required from adjacent property owners, if required by the Director of Planning. c. That within 90 days of the completion of the first semi-detached dwelling on the subject lands, the owner shall construct a 2.4 metre (8 foot) high, wood, board-on-board fence along the rear lot lines of all resultant lots (i.e., along the westerly lot line of the subject property), to the satisfaction of the Director of Planning. d. That any new driveways are to be built to City of Kitchener standards at grade with the future sidewalk. All works shall be at the owner’s expense and all work shall be completed prior to occupancy of the buildings, to the satisfaction of the City’s Engineering Services. 6. That the owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property (severed and retained lots), all prior to severance approval. 7. That any redundant driveways are to be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards, prior to severance approval. 8. That the owner shall submit a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets, to the satisfaction of the City’s Engineering Services, prior to severance approval. The owner shall ensure that the basement elevation of the proposed dwellings can be drained by gravity to the street sewers. If this is not the case, then the owner shall be required 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, to the satisfaction of the City’s Engineering Services. 9. That the owner shall complete and submit a Reconstruction As-Recorded Tracking Form as per the Public Sector Accounting Board (PSAB) S. 3150 for the development along with a digital submission of all AutoCad drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names, and numbering system to the satisfaction of the City's Engineering Services, prior to severance approval. 10. That the owner shall demonstrate that an adequate and appropriate sump pump outlet, including an on-site infiltration system, can be provided to or on the site to the satisfaction of City's Engineering Services, prior to severance approval; and, in the event that the municipal storm sewer must be extended to service the subject development, a certificate of approval for sewage works will be required by the Ministry of Environment in accordance with Section 53 of the Ontario Water Resources Act, to the satisfaction of the City’s Engineering Services, prior to severance approval. 11. That prior to final approval, the Developer shall provide a 7.62 metre by 7.62 metre daylight corner at the corner of Bridgeport Road/Leander Place to the Regional Municipality of Waterloo. Along with a registerable deed to convey the daylight corner, the Developer must provide a mylar copy of the registered reference plan at no cost to the Region. 12. That prior to final approval, the Developer shall obtain a Regional Access Permit for closure of the existing access on Bridgeport Road from the Regional Municipality of Waterloo. COMMITTEE OF ADJUSTMENT - 229 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-025 (Cont’d) 13. That prior to final approval, the Regional Municipality of Waterloo shall review and approve the submitted Site Servicing Plan, Grading, Erosion & Sediment Control Plan, Original Conditions and Removals Plan and the accompanying Stormwater Management Report. 14. That prior to final approval, the Developer shall provide the Regional Municipality of Waterloo a 2.0m x 4.0m transit shelter easement to be located along the Bridgeport Road frontage for the purpose of constructing, installing, operating, maintaining, inspecting, altering, moving, replacing, reconstructing and repairing a bus shelter, concrete pad and other works and appurtenances thereto for every such purpose and for all purposes necessary by separate conveyance in a form satisfactory to the Region, at no cost to the Region and free of any encumbrances. The Developer is required to provide the Region a draft Reference Plan to ensure the easement is located in the correct location. After the Region approves the location, the draft Reference Plan can be registered and the draft Transfer can be prepared and forwarded to Regional Legal Services for registration. 15. That prior to final approval for the retained lands, proposed severed lots 1, 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct a central air-conditioning system. 16. That prior to final approval for the proposed severed lots 2 and 3, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with a forced air-duct heating system for the provision of a central air conditioning system. 17. That prior to final approval for the retained lands and proposed severed lots 1 to 5 inclusive, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with double-glazed windows (minimum 3mm panes with 3mm air space). 18. That prior to final approval for the retained lands and proposed severed lots 1, 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with acoustical door and window seals. 19. a) That prior to final approval for the retained lands the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct a minimum 2.25 metre high noise attenuation wall in accordance with the approved noise assessment entitled Noise Impact Study Addendum, Development of 439 Bridgeport Road East, Kitchener, Ontario, dated February 21, 2012, prepared by Conestoga-Rovers & Associates. b) That prior to commencing construction of the noise attenuation wall, the Developer shall prepare and submit a Noise Wall Design Report, in accordance with Section 7.2 of The Regional Municipality of Waterloo’s Implementation Guideline for Noise Policies, to the satisfaction of the Region. c) That the Developer shall agree that construction of the noise attenuation wall shall be completed prior to occupancy for the subject lands. Upon completion, the Developer shall submit an Engineer’s Report certifying the noise attenuation wall has been constructed in accordance with the approved design and all applicable Regional standards, to the satisfaction of the Region. d) That the Developer shall agree to preserve the function of and to maintain the noise attenuation wall constructed upon the lands. The Developer shall agree that the Region, through its employees and agents has the right to enter onto the lands to inspect the noise attenuation wall. The Developer shall agree to repair or, if necessary replace the noise attenuation wall. Should the Developer fail to repair or replace the noise attenuation wall upon receipt of a written notice from the Region, as the Region deems necessary, the Developer shall agree that the Region may undertake such work upon the expiration of the time set out in the notice. If such work COMMITTEE OF ADJUSTMENT - 230 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-025 (Cont’d) 19. (Cont’d) is undertaken by the Region, the Developer shall hereby agree to permit entry upon the lands for this purpose and shall agree to reimburse the Region fully for all costs of undertaking such work. 20. That prior to final approval for the retained lands and Unit 1, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with central air conditioning system allowing windows to remain closed and has been developed such that noise attenuation features are included”. 21. That prior to final approval for Units 2 and 3, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-duct heating system suitably sized to accommodate central air-conditioning by the occupant and has been developed such that noise attenuation features are included”. 22. That prior to final approval for Units 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) and the Conestoga Parkway (Provincial Highway 85), projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with central air conditioning system allowing windows to remain closed and has been developed such that noise attenuation features are included”. 23. That prior to any grading and/or construction commencing on the retained and all severed lands the owner shall obtain permits as required by the Ministry of Transportation. 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 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 21, 2014. Carried COMMITTEE OF ADJUSTMENT - 231 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-026 (Cont’d) Moved by Mr. A. Lise Seconded by Mr. B. McColl That the application of Will-O Homes (C S) Inc. requesting permission to sever a parcel of land to create one new lot for future residential development fronting onto Leander Place, having a frontage of 7.183m (23.57’), a depth of 30.472m (99.98’) and an area of 229.49m2 (2,470.29 BE GRANTED sq.ft), on Lot 3, Plan 674, Kitchener, Ontario, , subject to the following conditions: 1. That satisfactory arrangements shall be made with the City of Kitchener for the payment of any outstanding municipal property taxes and/or local improvement charges. 2. That the owner shall provide the Secretary-Treasurer with a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 2 full size paper copies of the plan(s). The digital file must be submitted according to the City of Kitchener’s Digital Design Standards to the satisfaction of the City’s Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5% of the value of the lands to be severed, to the satisfaction of the City’s Director of Operations; which based on current standards, cash-in-lieu contributions are calculated as follows: 36.463 metres x $9,200 per metre of frontage x 0.05 = $16,772.98 (note that this calculation is subject to changes in the parkland policies). 4. That the owner shall obtain a demolition permit for all existing buildings greater than 108 square feet in area and shall demolish the existing single detached dwelling and existing accessory buildings, to the satisfaction of the City’s Building Division. 5. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of each severed parcel and the retained lands, which shall require: a. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of each severed parcel and the retained lands, which shall require the owner to undertake a Phase One Environmental Site Assessment (ESA), in accordance with Regulation 153/04, as amended, prior to the commencement of any grading on the site and prior to the issuance of any building permits, to the satisfaction of the City’s Chief Building Official. If the Phase One ESA determines that a Phase Two ESA and/or a Record of Site Condition (RSC) is/are required, then these shall be required also, prior to the commencement of any grading on the site and prior to the issuance of any building permits, to the satisfaction of the City’s Chief Building Official. b. That prior to the commencement of any grading on the site, and prior to the application or issuance of a building permit, the owner shall submit a Tree Preservation/Enhancement Plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Director of Planning showing: i. the proposed location of all buildings (including accessory buildings and structures), decks and driveways; ii. the location of any existing buildings or structures to be removed or relocated; iii. the proposed grades and drainage; iv. the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; v. justification for any trees to be removed; vi. outline tree protection measures for trees to be preserved; and, vii. written confirmation in support of the proposed tree protection measures, tree protection location, and tree removals for trees in joint ownership, will be required from adjacent property owners, if required by the Director of Planning. COMMITTEE OF ADJUSTMENT - 232 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-026 (Cont’d) 5. (Cont’d) c. That within 90 days of the completion of the first semi-detached dwelling on the subject lands, the owner shall construct a 2.4 metre (8 foot) high, wood, board-on- board fence along the rear lot lines of all resultant lots (i.e., along the westerly lot line of the subject property), to the satisfaction of the Director of Planning. d. That any new driveways are to be built to City of Kitchener standards at grade with the future sidewalk. All works shall be at the owner’s expense and all work shall be completed prior to occupancy of the buildings, to the satisfaction of the City’s Engineering Services. 6. That the owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property (severed and retained lots), all prior to severance approval. 7. That any redundant driveways are to be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards, prior to severance approval. 8. That the owner shall submit a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets, to the satisfaction of the City’s Engineering Services, prior to severance approval. The owner shall ensure that the basement elevation of the proposed dwellings can be drained by gravity to the street sewers. If this is not the case, then the owner shall be required 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, to the satisfaction of the City’s Engineering Services. 9. That the owner shall complete and submit a Reconstruction As-Recorded Tracking Form as per the Public Sector Accounting Board (PSAB) S. 3150 for the development along with a digital submission of all AutoCad drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names, and numbering system to the satisfaction of the City's Engineering Services, prior to severance approval. 10. That the owner shall demonstrate that an adequate and appropriate sump pump outlet, including an on-site infiltration system, can be provided to or on the site to the satisfaction of City's Engineering Services, prior to severance approval; and, in the event that the municipal storm sewer must be extended to service the subject development, a certificate of approval for sewage works will be required by the Ministry of Environment in accordance with Section 53 of the Ontario Water Resources Act, to the satisfaction of the City’s Engineering Services, prior to severance approval. 11. That prior to final approval, the Developer shall provide a 7.62 metre by 7.62 metre daylight corner at the corner of Bridgeport Road/Leander Place to the Regional Municipality of Waterloo. Along with a registerable deed to convey the daylight corner, the Developer must provide a mylar copy of the registered reference plan at no cost to the Region. 12. That prior to final approval, the Developer shall obtain a Regional Access Permit for closure of the existing access on Bridgeport Road from the Regional Municipality of Waterloo. 13. That prior to final approval, the Regional Municipality of Waterloo shall review and approve the submitted Site Servicing Plan, Grading, Erosion & Sediment Control Plan, Original Conditions and Removals Plan and the accompanying Stormwater Management Report. 14. That prior to final approval, the Developer shall provide the Regional Municipality of Waterloo a 2.0m x 4.0m transit shelter easement to be located along the Bridgeport Road frontage for the purpose of constructing, installing, operating, maintaining, inspecting, altering, moving, replacing, reconstructing and repairing a bus shelter, concrete pad and COMMITTEE OF ADJUSTMENT - 233 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-026 (Cont’d) 14. (Cont’d) other works and appurtenances thereto for every such purpose and for all purposes necessary by separate conveyance in a form satisfactory to the Region, at no cost to the Region and free of any encumbrances. The Developer is required to provide the Region a draft Reference Plan to ensure the easement is located in the correct location. After the Region approves the location, the draft Reference Plan can be registered and the draft Transfer can be prepared and forwarded to Regional Legal Services for registration. 15. That prior to final approval for the retained lands, proposed severed lots 1, 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct a central air-conditioning system. 16. That prior to final approval for the proposed severed lots 2 and 3, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with a forced air-duct heating system for the provision of a central air conditioning system. 17. That prior to final approval for the retained lands and proposed severed lots 1 to 5 inclusive, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with double-glazed windows (minimum 3mm panes with 3mm air space). 18. That prior to final approval for the retained lands and proposed severed lots 1, 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct the units with acoustical door and window seals. 19. a) That prior to final approval for the retained lands the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to construct a minimum 2.25 metre high noise attenuation wall in accordance with the approved noise assessment entitled Noise Impact Study Addendum, Development of 439 Bridgeport Road East, Kitchener, Ontario, dated February 21, 2012, prepared by Conestoga- Rovers & Associates. b) That prior to commencing construction of the noise attenuation wall, the Developer shall prepare and submit a Noise Wall Design Report, in accordance with Section 7.2 of The Regional Municipality of Waterloo’s Implementation Guideline for Noise Policies, to the satisfaction of the Region. c) That the Developer shall agree that construction of the noise attenuation wall shall be completed prior to occupancy for the subject lands. Upon completion, the Developer shall submit an Engineer’s Report certifying the noise attenuation wall has been constructed in accordance with the approved design and allapplicable Regional standards, to the satisfaction of the Region. d) That the Developer shall agree to preserve the function of and to maintain the noise attenuation wall constructed upon the lands. The Developer shall agree that the Region, through its employees and agents has the right to enter onto the lands to inspect the noise attenuation wall. The Developer shall agree to repair or, if necessary replace the noise attenuation wall. Should the Developer fail to repair or replace the noise attenuation wall upon receipt of a written notice from the Region, as the Region deems necessary, the Developer shall agree that the Region may undertake such work upon the expiration of the time set out in the notice. If such work is undertaken by the Region, the Developer shall hereby agree to permit entry upon the lands for this purpose and shall agree to reimburse the Region fully for all costs of undertaking such work. 20. That prior to final approval for the retained lands and Unit 1, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: COMMITTEE OF ADJUSTMENT - 234 -AUGUST 21, 2012 1. Submission No.: B 2012-022 to B 2012-026 (Cont’d) B 2012-026 (Cont’d) 20. (Cont’d) “Due to the proximity to Bridgeport Road East (Regional Road No. 9) projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with central air conditioning system allowing windows to remain closed and has been developed such that noise attenuation features are included”. 21. That prior to final approval for Units 2 and 3, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-duct heating system suitably sized to accommodate central air-conditioning by the occupant and has been developed such that noise attenuation features are included”. 22. That prior to final approval for Units 4 and 5, the Developer shall enter into a registered agreement with the Regional Municipality of Waterloo to agree to contain the following noise warning clause in all offers of purchase/sale and tenancy agreements: “Due to the proximity to Bridgeport Road East (Regional Road No. 9) and the Conestoga Parkway (Provincial Highway 85), projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with central air conditioning system allowing windows to remain closed and has been developed such that noise attenuation features are included”. 23. That prior to any grading and/or construction commencing on the retained and all severed lands the owner shall obtain permits as required by the Ministry of Transportation. 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 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 21, 2014. Carried COMMITTEE OF ADJUSTMENT - 235 -AUGUST 21, 2012 ADJOURNMENT On motion, the meeting adjourned at 11:35 a.m. Dated at the City of Kitchener this 21st day of August, 2012. Janet Billett, AMCT Acting Secretary-Treasurer Committee of Adjustment