HomeMy WebLinkAbout2015-01-20
COMMITTEE OF ADJUSTMENT
FOR THE
CITY OF KITCHENER
MINUTES OF THE REGULAR MEETING HELD JANUARY 20, 2015
MEMBERS PRESENT:
Messrs. D. Cybalski, A. Head and B. McColl.
OFFICIALS PRESENT:
Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic Technologist;
Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson,
Administrative Clerk.
Mr. D. Cybalski, Chair, called this meeting to order at 9:50 a.m.
MINUTES
Moved by Mr. A. Head
Seconded by Mr. B. McColl
That the minutes of the regular meeting of the Committee of Adjustment held December 9, 2014, as
mailed to the members, be accepted.
Carried
UNFINISHED BUSINESS
MINOR VARIANCE
Submission No.:
1. A 2014-084
Applicant:
Golden Enterprises
Property Location:
62 Gruhn Street
Legal Description:
Part Lot 9, Registered Plan 387
Appearances:
In Support: J. & S. Golden
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to legalize an existing
triplex having parking located between the façade and the front lot line whereas the By-law does
not permit parking in the front façade; and to permit the off-street parking spaces to be located
1.2m (3.937’) from the front lot line rather than the minimum 3m (9.84’) setback.
The Committee considered the report of the Planning Division, dated January 12, 2015, advising
that the subject property is located on the north side of Gruhn Street adjacent to the King Edward
School ball diamond yard. It is zoned Residential Five (R-5) and has an Official Plan designation
of Low Rise Conversation in the K-W Hospital Neighbourhood Secondary Plan.
The applicant is requesting permission to legalize an existing triplex having 1) parking located
between the façade and the front lot line whereas the By-law does not permit parking in front of
the façade; and 2) to permit the off-street parking spaces to be located 1.2 metres (3.94') from the
front lot line rather than the minimum 3 metres (9.84') setback.
In regards to the second variance request noted above, for a reduced setback for the parking
spaces, further review of the submitted drawing notes that the three parking spaces have different
setbacks to the front lot line, as follows:
Space # 1 has a depth of 6.7 m – 5.5 m required depth = 1.2 m setback
Space # 2 has a depth of 5.7 m – 5.5 m required depth = 0.2 m setback
Space # 3 has a depth of 6.3 m – 5.5 m required depth = 0.8m setback.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
1.A 2014-084 (Cont’d)
As the shortest setback is for parking space 2, staff recommends that the second variance
request be amended to permit a setback for parking spaces of 0.2 metres (0.66') rather than the
required 3 metres (9.84').
This application was deferred from the December 9, 2014, meeting in order that City staff had
time to consult with Kitchener-Wilmot Hydro staff in regards to a hydro pole located directly
adjacent to parking space 3. This consultation has now been completed.
The subject property was constructed as a single detached dwelling in 1952. In 1954, a building
permit was obtained to convert the building into a triplex. At that time, there was no minimum
number of parking spaces required for residential uses and the single car driveway would have
met by-law regulations at that time. In regards to the current use as a triplex, it is understandable
that over time, each tenant of the building would want a parking space on the site, especially
considering there is no on-street parking for this portion of Gruhn Street. Consequently, the three
parking spaces were created sometime in the past and based on aerial photos, they have existed
for at least 12 years. There have been no complaints or concerns received in the past regarding
the parking spaces.
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 regarding
the requested minor variance:
The requested parking variances meet the intent of the Zoning By-law. The intent of the
regulations is to ensure that the streetscape is not dominated by large areas of parking lots and
that visibility for drivers entering and exiting the site is not obstructed. It is noted that this is a
small site and there is limited room to locate the parking spaces elsewhere on the property.
Originally, there was a garage located in the rear yard, as shown on the survey. The building is
no longer used for parking cars and has been converted to a storage building. At some time in
the past, the driveway was removed from the side of the house and a landscaped area installed.
It appears that the driveway access at the side of the house, measuring only 2.4 metres (7.73'),
was considered too narrow to access the rear yard for vehicles. However, by having a
landscaped area at the side of the house and in the rear yard, a private outdoor amenity area is
provided for the tenants of this multiple dwelling.
In regards to visibility for pedestrians and other vehicles, a maximum of three parking spaces are
permitted to exit in a rearward motion and the spaces are not adjacent to any access driveways
or corner intersections. There are no planning concerns in regards to visibility. Also, City Traffic
staff is in support of this application. Based on the above comments, staff is of the opinion that
the existing three parking spaces meet the intent of the Zoning By-law.
It is noted that a hydro pole is located directly to the right of parking space 3. Kitchener-Wilmot
Hydro requires driveways to be located a minimum of 1 metre (3.28') from hydro poles. This is a
safety issue to ensure visibility of pedestrians and traffic on the street, as well as to ensure that
the pole is not impacted by vehicles coming in contact with it. The owner has consulted with
Hydro staff and has agreed to have the pole relocated by Hydro staff at the owner’s expense.
Based on all of the above comments, staff is of the opinion that the application may be
considered minor and is appropriate for the development of the property and surrounding
neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
November 24, 2014, advising that they have no concerns with this application.
The Chair noted the comments from staff recommending an amendment to the application. Mr.
J. Golden advised that he is in support of the proposed amendment and the staff
recommendation.
Clarification was requested regarding the comments provided by the City’s Environmental
Planner in relation to the parking surface. Mr. Golden advised that he does not intend to pave the
third parking space.
Moved by Mr. B. McColl
Seconded by Mr. A. Head
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
1.A 2014-084 (Cont’d)
That the application of Golden Entreprises requesting permission to legalize an existing triplex
having parking located between the façade and the front lot line whereas the By-law does not
permit parking in the front façade; and to permit the off-street parking spaces to be located
0.2m (0.656’) from the front lot line rather than the minimum 3m (9.84’) setback, on Part Lot 9,
BE APPROVED
Registered Plan 387, 62 Gruhn Street, Kitchener, Ontario, , subject to the
following conditions:
1. That there shall be no change to the parking surface for parking space 3, now or in the
future.
2. That the hydro pole adjacent to the driveway be relocated by Kitchener-Wilmot Hydro
staff the required minimum 1m distance from the driveway, at the owner’s expense.
3. That Condition 2 shall be completed prior September 1, 2015. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate), prior to the completion date set out in this decision. Failure to fulfill these
conditions will result in this approval becoming null and void.
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
This meeting recessed at 9:55 a.m. and reconvened at 10:07 a.m. with the following members present:
Messrs. D. Cybalski, A. Head and B. McColl.
NEW BUSINESS
MINOR VARIANCE
Submission No.:
1. A 2015-001
Applicants:
Christa Gedja
Property Location:
531 Morrison Road
Legal Description:
Unit 16, Waterloo Condo Plan 517
Appearances:
In Support: P. Florica
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct a single
detached dwelling with a covered porch in the rear yard, having a rear yard setback of 5.5m
(18.044’) rather than the required 7.5m (24.606’).
The Committee considered the report of the Planning Division, dated January 12, 2015, advising
that the subject property is zoned Residential Two (R-2), with Special Provisions 368U, 468R and
471R in Zoning By-law 85-1. The property is designated Low Rise Residential in the Official Plan.
The site is currently vacant and the surrounding areas consist of vacant lots and single detached
dwellings.
The owner is requesting permission to construct a single detached dwelling with a covered porch
in the rear yard with a rear yard setback of 5.5 metres (18.04 ft) rather than the required minimum
of 7.5 metres (24.60 ft).
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
1.A 2015-001 (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 offers the following comments regarding
the requested minor variance:
The variance meets the intent of the Official Plan. The Low Rise Residential designation allows
for the development of a range of residential housing types, including single detached dwellings.
The requested reduced rear yard requirement to construct the attached covered porch will
continue to conform to the low density character of the surrounding neighbourhood.
The variance meets the intent of the Zoning By-law. The purpose of a rear yard setback of 7.5
metres is to provide an outdoor amenity space as well as adequate separation from neighbouring
properties. It is staff’s opinion that the proposed covered porch with a rear yard setback of 5.5
metres will still allow for an amenity space and will not impact adjacent properties, as it backs
onto a cultural heritage landscape. It is noted that the City’s Heritage Planning staff has no
concerns with the subject application.
The variance is minor. It is staff’s opinion that the requested variance will not negatively affect
adjacent properties or the surrounding neighbourhood as the property backs onto a cultural
heritage landscape and as noted above, there are no Heritage planning concerns. The porch
would encroach 2.0 metres into the required rear yard setback, maintaining a sufficient outdoor
amenity space. The porch area will also provide passive outdoor amenity space.
The variance is appropriate development for the property and surrounding area. The scale,
massing and height of the porch are appropriate and consistent with the proposed single
detached dwelling. The proposed variance will not impact the character of the subject property or
surrounding neighbourhood.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
December 23, 2014, advising that they have no concerns with this application.
The Chair requested clarification regarding Condition 1 as outlined in the staff report, noting that
the Condition references that the proposed dwelling shall be constructed in accordance with the
approved Site Plan and building elevations, but in brackets references prior to the issuance of a
building permit. He requested that the Condition be amended to remove the bracketed portion of
the Condition referencing prior to the issuance of a building permit due to concerns regarding
timing. He noted that in order to build in accordance with the plans, a building permit would be
required prior to construction.
Ms. J. von Westerholt advised that staff do not have any objections to the proposed amendment.
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of Christa Gedja requesting permission to construct a single detached
dwelling with a covered porch in the rear yard, having a rear yard setback of 5.5m (18.044’) rather
than the required 7.5m (24.606’), on Unit 16, Waterloo Condo Plan 517, 531 Morrison Road,
BE APPROVED
Kitchener, Ontario, , subject to the following condition:
1. That the proposed dwelling shall be constructed in accordance with the approved site plan
and building elevations and any future exterior alterations shall also be in accordance with
the approved site plan and building elevations.
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
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
2. A 2015-002
Applicant:
Ted Albrecht
Property Location:
114 Moore Avenue
Legal Description:
Part Lot 19, Plan 133 and Part Lot 14, Plan 172
Appearances:
In Support: R. Reichard
T. Albrecht
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to construct an addition
in the rear yard of an existing single detached dwelling having a front yard setback of 2.6m (8.53’)
rather than the required 4.5m (14.763’); a northerly side yard setback of 0m rather than the
required 1.2m (3.934’); a rear yard setback of 0.38m (1.24’) rather than the required 7.5m
(24.606’); and, the required off street parking space located between the dwelling and the side lot
line having a width of 2.7m (8.858’) rather than the required 3m (9.842’).
The Committee considered the report of the Planning Division, dated January 12, 2015, advising
that the subject property is municipally addressed as 114 Moore Avenue. The property is
developed with a single detached dwelling and is zoned Residential Four (R-4) in the City’s
Zoning By-law 85-1 and designated Low Rise Residential in the City’s Official Plan. The owner is
proposing to construct a small addition at the rear of the existing dwelling which requires a
building permit from the City’s Building Division. The proposed addition will not encroach beyond
the existing setbacks of the dwelling. In order for the building permit for the increased gross floor
area to be issued, the owner requires approval from the Committee of Adjustment to legalize the
existing rear yard setback, front yard setback, side yard setback for the existing dwelling and side
yard setback between the dwelling and the lot line where a driveway leads to a required parking
space. As such the owner is specifically requesting:
1) Relief from Section 38.2.1 of the Zoning By-law 85-1 to allow an existing rear yard setback
of 0.38 metres rather than the required 7.5 metres;
2) Relief from Section 38.2.1 of the Zoning By-law 85-1 to allow an existing front yard setback
of 2.6 metres rather than the required 4.5 metres;
3) Relief from Section 38.2.1 of the Zoning By-law 85-1 to allow an existing side yard setback
of the dwelling of 0 metres rather than the required 1.2 metres and;
4) Relief from Section 38.2.1 d) of the Zoning By-law 85-1 to allow an existing side yard
setback between the dwelling and the lot line where a driveway leads to a required parking
space to be 2.7 metres rather than the required 3.0 metres.
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 requested variances meet the intent of the Official Plan. The Low Rise Residential
designation recognizes the existing scale of residential development and allows for modest
alterations. The proposed variances recognise an existing situation while maintaining the low
density character of the property and will not impact the surrounding neighbourhood.
The requested variances recognize an existing situation. The proposed addition will not encroach
beyond the existing rear or side yard setbacks. The existing setbacks continue to provide outdoor
amenity space and adequate separation from neighbouring properties. In order to recognize the
existing 0 metre side yard setback of the existing attached garage, a maintenance easement is
being requested on the adjacent property through Consent Application B 2015-001, in favour of
the subject lands. It is staff’s opinion that the proposed variances are required to recognize an
existing situation and will not cause impacts to the subject property or adjacent lands. As such the
requested variances meet the intent of the Zoning By-law.
The variances can be considered minor. It is staff’s opinion that the proposed addition will not
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
2.A 2015-002 (Cont’d)
cause further encumbrances to the property or adjacent lands. Further, the existing 0 metre side
yard setback will be recognized through establishment of an easement (which has been
requested through Consent Application B 2015-001) on the adjacent property for maintenance
purposes which will negate any potential impacts to the subject property.
The variances are appropriate for the development and use of the land. It is staff’s opinion that
the proposed addition will be appropriately designed for the property and will not encroach further
in the existing rear yard and side yard setback. As such, the addition will have no impact to
subject property or adjacent lands.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
December 23, 2014, advising that they have no concerns with this application.
Messrs. R. Reichard and T. Albrecht were in attendance in support of the subject application. Mr.
Reichard advised that he is also in attendance as the agent on behalf of the applicants in the
subsequent Consent application B 2014-001. He noted that the owners of 114 Moore Avenue,
through the subject application, intend to remove and reconstruct the existing garage in the rear
year. He advised that the existing garage is dilapidated and the owner would like to reconstruct
what currently exists this date. He further advised that he is in support of the staff
recommendations for both Applications A 2015-002 and B 2015-001.
Moved by Mr. A. Head
Seconded by Mr. B. McColl
That the application of Ted Albrecht requesting permission to construct an addition in the rear
yard of an existing single detached dwelling having a front yard setback of 2.6m (8.53’) rather
than the required 4.5m (14.763’); a northerly side yard setback of 0m rather than the required
1.2m (3.934’); a rear yard setback of 0.38m (1.24’) rather than the required 7.5m (24.606’);
and, the required off street parking space located between the dwelling and the side lot line
having a width of 2.7m (8.858’) rather than the required 3m (9.842’), on Part Lot 19, Plan 133
BE APPROVED
and Part Lot 14, Plan 172, 114 Moore Avenue, Kitchener, Ontario, , subject to
the following conditions:
1. That the owner shall obtain a Building Permit from the City’s Building Division for the
proposed addition.
2. That a maintenance easement is created and registered on the adjacent property
through Consent Application B 2015-001.
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
CONSENT
Submission Nos.:
1. B 2015-001
Applicant:
Leanne Amort and Kypp Saunders
Property Location:
116 Moore Avenue
Legal Description:
Part Lot 14, Plan 172 and Part Lot 19, Plan 133
Appearances:
In Support: R. Reichard
T. Albrecht
Contra: None
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
1.B 2015-001 (Cont’d)
Written Submissions: None
The Committee was advised that the applicant is requesting permission to grant an easement
having a width of 1.5m (5.905’); a depth of 6.445m (21.145’) and an area of 9.67 sq.m. (104.06
sq.ft.), to the benefit of 114 Moore Avenue for maintenance purposes.
The Committee considered the report of the Planning Division, dated January 12, 2015, advising
that the subject property municipally addressed as 116 Moore Avenue is zoned Residential Four
Zone (R-4) in the City’s Zoning By-law 85-1 and designated Low Rise Residential in the City’s
Official Plan. The adjacent property at 114 Moore Avenue is also zoned R-4 and designated Low
Rise Residential. This property contains an existing two storey brick house with an attached
garage with a minimum interior side yard setback of 0 metres. Section 5.20 of the Zoning By-law
allows buildings to be located with 0 to 0.2 metre side yards provided that a 1.5 metre easement
is granted by the owner of the subject abutting lands [116 Moore Avenue] for the maintenance of
walls, eaves and real property. As such, the owner of 116 Moore Avenue is requesting to
establish a 1.5 metre wide easement on the subject lands in favour of the adjacent property, 114
Moore Avenue, for maintenancepurposes.
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, staff is satisfied that the creation of the easement is required for the proper
maintenance of the building located at 114 Moore Avenue. The proposed easement is
appropriate and suitable for the existing use of the subject and adjacent lands. The easement is
required as per Section 5.20 of the Zoning By-law 85-1.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
January 8, 2015, advising that they have no objections to this application.
Moved by Mr. A. Head
Seconded by Mr. B. McColl
That the application of Leanne Amort & Kypp Saunders requesting permission to grant an
easement having a width of 1.5m (5.905’); a depth of 6.445m (21.145’) and an area of 9.67 sq.m.
(104.06 sq.ft.), in favour of the adjacent property municipally addressed as 114 Moore Avenue for
maintenance purposes, on Part Lot 14, Plan 172 and Part Lot 19, Plan 133, 116 Moore Avenue,
BE GRANTED
Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owners of the proposed dominant lands and servient lands, shall enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the servicing
easement is maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement.
4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement and
immediately thereafter, the approved joint maintenance agreement, shall be provided to
the City Solicitor.
5. The City Solicitor shall be provided with copies of the registered Transfer Easement and
joint maintenance agreement immediately following registration.
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 JANUARY 20, 2015
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Submission No.:
1.B 2015-001 (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 January 20, 2017.
Carried
Submission Nos.:
2. B 2015-002
Applicant:
1803036 Ontario Inc.
Property Location:
50 Edmund Road
Legal Description:
Part Lots 15 and 16, Plan 657
Appearances:
In Support: N. Hallman
R. Rai
Contra: E. Tsholy
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
so each half of a semi-detached residential development can be dealt with separately. Both the
severed and retained lots will front onto Edmund Road, with the severed lands having a lot width
of 8.382m (27.5’), a depth of 30.429m (99.832’) and an area of 254.1 sq.m. (2735.11 sq.ft.); and,
the retained lands having a lot width of 8.382m (27.5’), a depth of 30.480m (100’) and an area of
254.3 sq.m. (2737.262 sq.ft.).
The Committee considered the report of the Planning Division, dated January 12, 2015, advising
that the subject property is municipally addressed as 50 Edmund Road. A semi-detached
dwelling is currently under construction on the property. The lands are zoned Residential Four (R-
4) in Zoning By-law 85-1 and designated as Low Rise Residential in the City’s Official Plan. An
analysis of the sketch provided with the application demonstrates that both severed and retained
lots comply with the Zoning By-law. The owner is requesting consent to sever the lot along the
common wall of the semi-detached dwelling to allow separate ownership of each dwelling unit.
Planning Comments:
The application proposes to sever a 254.1 square metre lot with an 8.382 metre lot width and a
lot depth of 30.429. The proposed retained lot is 254.3 square metres in area with an 8.382 metre
lot width and a lot depth of 30.441 metres. The proposed severance would have the effect of
allowing individual ownership of each semi-detached dwelling unit.
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 and that the configurationof the proposed lots can be considered
appropriate for the use of the lands. Staff is further of the opinion that the proposal is consistent
with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden
Horseshoe.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
January 8, 2015, advising that the lands are approximately 31 metres from Weber Street East.
Due to the high traffic volumes on this road, the Developer is typically required to prepare a
Transportation Noise Study to indicate the methods to be used to abate noise levels for the new
lots from traffic noise generated on this road and if necessary, shall enter into a registered
agreement with the Region to provide for the implementation of the approved study.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
2.B 2015-002 (Cont’d)
Under the circumstances, in lieu of a Transportation Noise Study in this instance the Developer
has the option to do a Noise Study or enter into an agreement with the Region to require the
following noise warning clauses to be included in all offers of purchase/sale, deeds and tenancy
agreements for all units:
“Purchasers/tenants are advised that sound levels due to increasing road traffic on Weber
Street East (Regional Road No. 8) may occasionally interfere with some activities of the
dwelling occupants as the levels exceed the sound level limits of the Region of Waterloo
and the Ministry of the Environment”
Regional staff have no objection to this application, subject to the following Condition:
1. That prior to final approval, for both the severed and retained lots, the Developer prepare a
Transportation Noise Study, to the satisfaction of the Region, to indicate the methods to be
used to abate traffic noise levels for the adjacent road noise sources for all units and if
necessary, the Developer enter into a registered development agreement with the Region
of Waterloo;
- or -
The Developer may enter into a registered agreement with the Region of Waterloo to
include the following noise warning clause in all offers of purchase/sale, deeds and
tenancy agreements for all units:
“Purchasers/tenants are advised that sound levels due to increasing road traffic on Weber
Street East (Regional Road No. 8) may occasionally interfere with some activities of the
dwelling occupants as the levels exceed the sound level limits of the Region of Waterloo
and the Ministry of the Environment”.
Messrs N. Hallman and R. Rai were in attendance in support of the subject application.
Ms. E. Tscholy, neighbouring property owner, addressed the Committee in opposition to the
subject application, stating concerns for privacy, shadowing in her rear yard and increased noise
due to the increased number of people potentially residing at the property.
The Chair advised that although he may sympathize with the concerns raised by the
neighbouring property owner, the Committee is only able to deal with the severance application.
He noted the applicant has received building permits because the development meets all of the
Zoning regulations for the subject property.
The Chair noted the comments from the Region of Waterloo and requested that the
recommendation be amended to include the Noise Study / warning clause condition.
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1803036 Ontario Inc. requesting permission to sever a parcel of land so
each half of a semi-detached residential development can be dealt with separately. The severed
land will front onto Edmund Road, having a lot width of 8.382m (27.5’), a depth of 30.429m
(99.832’) and an area of 254.1 sq.m. (2735.11 sq.ft.), on Part Lots 15 and 16, Plan 657, 50
BE GRANTED
Edmund Road, Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall 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 in the amount of $3,855.72.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
2.B 2015-002 (Cont’d)
4. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the severed and
retained lands.
5. That the owner shall make arrangements financial or otherwise for the relocation of any
existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or
lines, as required, to the satisfaction of the appropriate City department.
6. That the owner shall provide 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 Director of Engineering.
7. That the owner shall prepare and receive approval of the Development and
Reconstruction As-Recorded Tracking Form, along with a digital submission of all
AutoCad drawings required for the site with the corresponding correct layer names and
numbering system to the satisfaction of the Director of Engineering, as per the Public
Sector Accounting Board (PSAB) S.3150.
8. That the owner shall provide Engineering staff with confirmation that the basement
elevation of the house can be drained by gravity to the street sewers. If this is not the
case, then the owner would 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 Director of Engineering Services.
9. That the owner shall retain a qualified Designer, Architect or Engineer to complete a
building code assessment as it relates to the new proposed property line and addresses
such items as Fire separation between the semi-detached dwellings, including separation
within upper attic space, to the satisfaction of the City’s Chief Building Official.
10. That the owner shall prepare a Transportation Noise Study for the severed and retained
lands, to the satisfaction of the Region, to indicate the methods to be used to abate traffic
noise levels for the adjacent road noise sources for all units and if necessary, the
Developer enter into a registered development agreement with the Region of Waterloo;
OR,
The owner may enter into a registered agreement with the Region of Waterloo to include
the following noise warning clause in all offers of purchase/sale, deeds and tenancy
agreements for all units:
“Purchasers/tenants are advised that sound levels due to increasing road traffic on
Weber Street East (Regional Road. 8) may occasionally interfere with some
activities of the dwelling occupants as the level exceed the sound limits of the
Region of Waterloo and Ministry of the Environment.”
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 January 20, 2017.
Carried
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission Nos.:
3. B 2015-003
Applicant:
Airboss of America Corp.
Property Location:
101 Glasgow Street
Legal Description:
Part Lot 492, Plan 377
Appearances:
In Support: S. Patterson
P. Langenecker
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
having a width on Strange Street of 140.4m (460.63’) a depth of 42.9m (140.748’) and an area of
0.54 hectares. The retained parcel will be irregular in shape fronting on to Glasgow Street having
an approximate width of 49m (160.76’); approximate depth of 402m (1318.897’) and an area of
51.9 hectares.
Mr. S. Patterson addressed the Committee on behalf of the applicant, noting that since submitting
the application, Airboss of America Corp. has decided they no longer wish to proceed with the
severance and advised that they are withdrawing their application.
Submission Nos.:
4. B 2015-004
Applicant:
Sunvest Homes Corp.
Property Location:
46 Fourth Avenue
Legal Description:
Lot 78 and Part Lot 77, Plan 254
Appearances:
In Support: B. & S. O’Neill
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
having a width on Fourth Avenue of 15m (49.212’), by a depth of 40.387m (132.503’) and an area
of 605.81 sq.m. (6520.885 sq.ft). The retained land will have a width on Fourth Avenue of
10.024m (32.887’), a depth of 40.411m (132.582’) and an area of 405 sq.m. (4359.384 sq.ft.).
The Committee considered the report of the Planning Division, dated January 12, 2015, advising
that the subject property currently contains a single-detached dwelling and is designated as Low
Rise Residential in the City’s Official Plan and zoned Residential Four Zone (R-4) in the City’s
Zoning By-law. The property is currently developed with a single detached dwelling.
The owner is proposing to demolish the existing dwelling and sever the property to create two
lots. The severed lot will have a frontage of 15.0 metres, a depth of 40.387 metres and an area of
605.81 square metres, while the retained lot will have a frontage of 10.024 metres, depth of
40.411 metres and an area of 405.0 square metres. The retained lands are proposed to be
redeveloped with a single detached dwelling and the severed lands are proposed to be
redeveloped with a semi-detached dwelling. Both the proposed retained and the severed lands
meet the zoning regulations for a single detached dwelling and semi-detached dwelling
respectively.
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. The configuration of the proposed lots can be considered appropriate for
the use of the lands; the lands front on an established public street and both parcels of land will
be required to have independent service connections to municipal services for sanitary, storm
and water. Also, the resultant lots will be compatible with those in the surrounding area. In
addition, it is staff’s opinion that the proposal is consistent with the Provincial Policy Statement,
2005 and conforms to the Growth Plan for the Greater Golden Horseshoe, 2006.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
4.B 2015-004 (Cont’d)
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
January 8, 2015, noting the following comments:
Transportation Planning:
The subject lands are approximately 120 metres from Provincial Highway 8 and approximately
290 metres from Provincial Highway 7/8. Due to the high traffic volumes on these Highways, the
owner/applicant is typically required to prepare a Transportation Noise Study to indicate the
methods to be used to abate noise levels for the new lots from traffic noise generated on these
roads and if necessary, shall enter into a registered agreement with the City of Kitchener to
provide for the implementation of the approved study.
However, since there are intervening land uses between the proposed dwellings and the
Highways and the residential dwellings have been constructed on the retained and severed lot, in
lieu of a Transportation Noise Study in this instance the Developer has the option to prepare a
Noise Study or enter into an agreement with the City to require the following noise warning
clause:
“Purchasers/tenants are advised that sound levels due to increasing road traffic on Provincial
Highway 8 and Provincial Highway 7/8 may occasionally interfere with some activities of the
dwelling occupants as the levels exceed the sound level limits of the Region of Waterloo and the
Ministry of the Environment”.
Water Services:
For information purposes, Section B.2.12.3 of the Design Guidelines and Supplemental
Specifications for Municipal Services for January 2013 indicates no more than one individual
property shall be serviced by the same service regardless of ownership.
Regional staff have no objection to the application, subject to the following Condition:
1. That prior to final approval, for both the severed and retained lots, the Developer prepare a
Transportation Noise Study, to the satisfaction of the Region, to indicate the methods to be
used to abate traffic noise levels for the adjacent road noise sources for all units and if
necessary, the Developer enter into a registered development agreement with the City of
Kitchener;
- or -
The Developer may enter into a registered agreement with the City of Kitchener to include
the following noise warning clause in all offers of purchase/sale, deeds and tenancy
agreements for all units:
“Purchasers/tenants are advised that sound levels due to increasing road traffic on
Provincial Highway 8 and Provincial Highway 7/8 may occasionally interfere with
some activities of the dwelling occupants as the levels exceed the sound level limits
of the Region of Waterloo and the Ministry of the Environment”.
Mr. B. O’Neill advised that he is in attendance in support of the subject application. He noted that
he has reviewed the staff recommendation and expressed concerns with Condition 4 that would
require the owner make financial arrangements to the satisfaction of the City's Director of
Engineering Services for the extension of the storm sewer down Fourth Avenue for the severed
lands and retained lands. He stated that he was unaware that there were no storm sewers on
Fourth Avenue and to impose such a significant expense on the applicant would be onerous.
Ms. von Westerholt advised that the Condition was requested by Engineering Services and she
was unaware this date of the full scope of the Condition. She noted that the applicant would need
to consult with Engineering staff regarding that condition.
In response to questions, Mr. O’Neill advised that it would be his preference to defer the
application to the February 17, 2015 Committee of Adjustment meeting to allow for consultation
with staff regarding the storm sewer on Fourth Avenue.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
4.B 2015-004 (Cont’d)
The Committee agreed to defer consideration of Consent application B 2015-004 to the
Committee’s February 17, 2015 to allow time to dialogue with Engineering regarding the
proposedCondition.
Submission Nos.:
5. B 2015-005
Applicant:
Mary Cikic
Property Location:
19 & 21 Birch Avenue
Legal Description:
Lot 103, Plan 666
Appearances:
In Support: M. Cikic
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
so each half of a semi-detached residential development can be dealt with separately. Both the
severed and retained lots will front onto Birch Avenue, with the severed lands having a lot width of
9.141m (29.99`), a depth of 35.233m (115.59`) and an area of 308.58 sq.m. (3321.527 sq.ft.);
and, the retained lands having a lot width of 9.159m (30.049`), a depth of 35.233m (115.59`) and
an area of 301.45sq.m. (3244.781 sq. ft.).
The Committee considered the report of the Planning Division, dated January 12, 2015, advising
that the on November 19, 2013, the Committee of Adjustment conditionally approved Consent
Application B 2013-043 to sever the lot in half, giving individual ownership to each half of the
semi-detached dwelling. That approval has now lapsed, and as such, the owner is seeking
approval for severance again.
The property is municipally addressed as 19 & 21 Birch Avenue. A semi-detached dwelling has
been recently constructed on the property. The surrounding area is comprised mainly of single
detached and semi-detached dwellings.
The property is 610.03 square metres in area with 18.3 metres of frontage on Birch Avenue and a
varying lot depth between 34.3 and 36.1 metres.
The applicant is requesting consent to sever the lot in half (i.e., along the common wall of the
semi-detached dwelling) in order to allow separate ownership of each semi-detached dwelling
unit.
The application proposes to sever a 308.58 square metre lot with a 9.141 metre lot width and a
varying lot depth of approximately 35 metres. The proposed retained lot is 301.45 square metres
in area with a 9.159 metre lot width and a varying lot depth of approximately 35 metres. The
proposed severance would have the effect of allowing individual ownership of each semi-
detached house.
The property is designated as Low Rise Conservation A in the City’s North Ward Secondary Plan
and is zoned Residential Four Zone (R-4) with Special Regulation Provision 635R. An analysis of
the sketch provided with the application demonstrates that both severed and retained lots would
comply with the Zoning By-law.
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 and that the configurationof the proposed lots can be considered
appropriate for the use of the lands. 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.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
January 8, 2015, advising that the subject lands were previously subject to Zoning By-law
Amendment application ZC12/08/B/GS, which was subsequently approved by the Ontario
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 14 -
Submission No.:
5.B 2015-005 (Cont’d)
Municipal Board (OMB). As part of Regional comments, it was identified that as part of a
forthcoming consent application, the Developer would be required to enter into a registered
development agreement with the City of Kitchener to implement a noise warning clause for
potential stationary noise which is approximately 75 metres away.
Regional staff have no objection to this application, subject to the following Condition:
1. That prior to final approval, the Developer enter into a registered agreement with the City
of Kitchener to include the following noise warning clause in all offers of purchase/sale,
deeds and tenancy agreements for all units on both the severed and retained lands:
“Purchasers are advised that due to the proximity of nearby industrial and
commercial land uses, sound levels from these facilities may at times be audible”.
Ms. von Westerholt advised that staff is requesting an amendment to the recommendation as
outlined in the staff report, noting that the severance was previously approved by the Committee
in 2013 through Consent Application B 2013-043. She stated since the circulation of the report,
staff have had further discussions regarding the recommendation and it is being requested that
the Decision of the Committee this date regarding B 2015-005, include all Condition previously
approved by the Committee in Application B 2013-043. She noted that Application B 2013-043
included four additional Conditions pertaining to Engineering Services. She indicated that
although some of the conditions of the previous decision were already completed it would be
preferred that they are cleared on the decision that will receive final approval from the Secretary-
Treasurer.
Ms. M. Cikic advised that she is in attendance in support of the subject application and noted that
she does not object to the proposed amendments to include the four Engineering Conditions as
outlined in B 2013-043.
Moved by Mr. A. Head
Seconded by Mr. B. McColl
That the application of Mary Cikic requesting permission to sever a parcel of land so each half of
a semi-detached residential development can be dealt with separately. The severed land will front
onto Birch Avenue, having a lot width of 9.141m (29.99`), a depth of 35.233m (115.59`) and an
area of 308.58 sq.m. (3321.527 sq.ft.), on Lot 103, Plan 666, 19 & 21 Birch Avenue, Kitchener,
BE GRANTED
Ontario,, subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall 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 in the amount of $4,204.86.
4. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of all new service connections to the severed and
retained lands.
5. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, and a paved driveway ramp, on the severed and retained lands.
6. That the owner shall make arrangements, financial or otherwise, for the relocation of any
existing City-owned street furniture, transit shelters, signs, hydrants, utility poles, wires or
lines, as required, to the satisfaction of the appropriate City department.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
5.B 2015-005 (Cont’d)
7. That the owner shall provide 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 Director of Engineering.
8. That the owner shall prepare and receive approval of the Development and
Reconstruction As-Recorded Tracking Form, along with a digital submission of all
AutoCad drawings required for the site with the corresponding correct layer names and
numbering system to the satisfaction of the Engineering Division, as per the Public Sector
Accounting Board (PSAB) S. 3150.
9. That the owner shall enter into a registered agreement with the City of Kitchener to include
the following noise warning clause in all offers of purchase/sale, deeds and tenancy
agreements for all units on both the severed and retained lands:
“Purchasers are advised that due to the proximity of nearby industrial and
commercial land uses, sound levels from these facilities may at times be audible”.
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 January 20, 2017.
Carried
Submission Nos.:
6. B 2015-006
Applicant:
Breymark Homes
Property Location:
3 & 5 Rauch Court
Legal Description:
Part Lot 4, Registered Plan 58M-535
Appearances:
In Support: K. Reycraft
B. Cormier
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
so each half of a semi-detached residential development can be dealt with separately. Both the
severed and retained lots will front onto Rauch Court, with the severed lands having a lot width of
9.53m (31.266’), a southerly depth of 27.47m (90.124') and an area of 365.35 sq.m. (3932.595
sq.ft.); and, the retained lands having a lot width of 9.62m (31.561'), a northerly depth of 27.47m
(90.124') and an area of 356.28 sq.m. (3834.966 sq.ft.).
The Committee considered the report of the Planning Division, dated January 12, 2015, advising
that the property is municipally addressed as 3 and 5 Rauch Court. A semi-detached dwelling is
currently under construction on the property. The subject property is 721.63 square metres in
area with 13.459 metres of frontage on Rauch Court and a varying lot depth of 27.471 to 31.318
metres.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 16 -
Submission No.:
6.B 2015-006 (Cont’d)
The applicant is requesting consent to sever the lot in half (i.e. along the common wall of the
semi-detached dwelling) in order to allow separate ownership of each semi-detached dwelling
unit.
The application proposes to sever a 365.35 square metre lot with 6.730 metres of frontage along
Rauch Court (lot width of 9.53 metres at the 4.5 metre front yard setback) and a varying lot depth
between 31.015 and 27.471 metres. The proposed retained lot is 356.28 square metres in area
with 6.730 metres of frontage along Rauch Court (lot width of 9.62 metres at the 4.5 metre front
yard setback) and a varying lot depth of between 27.471 and 31.318 metres.
The property is designated as Low Rise Residential in the Official Plan and is zoned as
Residential Four Zone (R-4). An analysis of the sketch provided with the application
demonstrates that both severed and retained lots would comply with the Zoning By-law.
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 and that the configurationof the proposed lots can be considered
appropriate for the use of the lands. Staff is further of the opinion that the proposal is consistent
with the Provincial Policy Statement and conforms to the Growth Plan tor the Greater Golden
Horseshoe.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
January 8, 2015, advising that they have no objections to this application.
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of Breymark Homes requesting permission to sever a parcel of land so each
half of a semi-detached residential development can be dealt with separately. The severed land
will front onto Rauch Court, having a lot width of 9.53m (31.266’), a southerly depth of 27.47m
(90.124') and an area of 365.35 sq.m. (3932.595 sq.ft.), on Part Lot 4, Registered Plan 58M-535,
BE GRANTED
3 & 5 Rauch Court, Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
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 January 20, 2017.
Carried
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 17 -
Submission Nos.:
7. B 2015-007
Applicant:
Breymark Homes
Property Location:
7 & 9 Rauch Court
Legal Description:
Part Lot 5, Registered Plan 58M-535
Appearances:
In Support: K. Reycraft
B. Cormier
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to to sever a parcel of
land so each half of a semi-detached residential development can be dealt with separately. Both
the severed and retained lots will front onto Rauch Court, with the severed lands having a lot
width of 9.51m (31.2'), a northerly depth of 44.57m (146.227') and an area of 503.20 sq.m.
(5416.4 sq.ft.); and, the retained lands having a lot width of 9.52m (31.23'), a southerly depth of
44.57m (146.227') and an area of 996.38 sq.m. (10724.945 sq.ft.).
The Committee considered the report of the Planning Division, dated January 12, 2015, advising
that the property is municipally addressed as 7 and 9 Rauch Court. A semi-detached dwelling is
currently under construction on the property. The subject property is 1,504.58 square metres in
area with 14.138 of frontage on Rauch Court and a varying lot depth of 31.318 to 61.547 metres.
The applicant is requesting consent to sever the lot in half (i.e. along the common wall of the
semi-detached dwelling) in order to allow separate ownership of each semi-detached dwelling
unit.
The application proposes to sever a 508.20 square metre lot with 7.070 metres of frontage along
Rauch Court (lot width of 9.51 metres at the 4.5 metre front yard setback) and a varying lot depth
between 31.318 and 44.579 metres. The proposed retained lot is 996.38 square metres in area
with 7.069 metres of frontage along Rauch Court (lot width of 9.52 metres at the 4.5 metre front
yard setback) and a varying lot depth of between 44.579 and 61.547 metres.
The property is designated as Low Rise Residential in the Official Plan and is zoned as
Residential Four Zone (R-4). An analysis of the sketch provided with the application
demonstrates that both severed and retained lots would comply with the Zoning By-law.
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 and that the configurationof the proposed lots can be considered
appropriate for the use of the lands. Staff is further of the opinion that the proposal is consistent
with the Provincial Policy Statement and conforms to the Growth Plan tor the Greater Golden
Horseshoe.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
January 8, 2015, advising that they have no objections to this application.
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of Breymark Homes requesting permission to sever a parcel of land so each
half of a semi-detached residential development can be dealt with separately. The severed land
will front onto Rauch Court having a lot width of 9.51m (31.2'), a northerly depth of 44.57m
(146.227') and an area of 503.20 sq.m. (5416.4 sq.ft.), on Part Lot 5, Registered Plan 58M-535, 7
& 9 Rauch Court, Kitchener, Ontario, BE GRANTED, subject to the following conditions:
1. That the owner shall make satisfactory arrangements with the City of Kitchener for the
payment of any outstanding Municipal property taxes and/or local improvement charges.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 18 -
Submission No.:
7.B 2015-007 (Cont’d)
2. That the owner shall provide 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
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 January 20, 2017.
Carried
Submission Nos.:
8. B 2015-008 to B 2015-020
Applicant:
1271395 Ontario Inc. and 2387316 Ontario Inc.
Property Location:
Vacant Lot Corner of Huron Road and Fischer Hallman Road
Legal Description:
Part Lot 153, German Company Tract, being Part 4 on Reference
Plan 58R-8992
Appearances:
In Support: C. Pidgeon
V. Bender
G. Bromberg
J. Grubb
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission through applications B
2015-008 to B 2015-020 to sever 13 parcels of land with 1 parcel to be retained on Part Lot 153,
German Company Tract, being Part 4 on Reference Plan 58R-8992 (Vacant Land Corner of
Huron Road and Fischer Hallman Road).
The applicant is specifically requesting the following:
B 2015-008 – Permission to sever a parcel of land identified as “Lot B” on the plan submitted with
the application, having an irregular shape which will eventually front on to West Oak Trail, having
a width of 90.4m (296.587’), an easterly depth of 144.2m (296.587’); and an area of 1.2 hectares.
The parcel is intended for future residential development.
B 2015-009 – Permission to sever a parcel of land identified as “Lot C” on the plan submitted with
the application having a width on Fischer Hallman Road of 56.4m (185.03’), a depth of 148.4m
(486.876’) and an area of 0.95 hectares. The parcel is intended for future commercial
development.
B 2015-010 –Permission to sever a parcel of land identified as “Lot D” on the plan submitted with
the application having a width on Fischer Hallman Road of 115.5m (378.937’), a depth on Huron
Road of 148.8m (488.189’) and an area of 2.4 hectares. This parcel is intended for future mixed
commercial development.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 19 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
B 2015-011 – Permission to sever a parcel of land identified as “Lot E” on the plan submitted with
the application to be conveyed as a lot addition to the abutting property which fronts onto
Postmaster Drive, having a southerly dimension of 17.8m (58.398’); an easterly dimension of
51.5m (168.963’) and an area of 0.07 hectares. The parcel is intended for future residential
development.
B 2015-012 – Permission to sever a parcel of land identified as “Lot F” on the plan submitted with
the application having a width on Fischer Hallman Road of 78.3m (168.963’); a northerly depth of
153.3m (502.952’) and an area of 1.25 hectares. The parcel is intended to be conveyed to the
City of Kitchener for a new stormwater management facility.
B 2015-013 – Permission to sever a parcel of land having an irregular shape, identified as “Lot G”
on the plan submitted with the application, having a width on Fischer Hallman Road of 27.6m
(90.55’); an approximate length of 253m (830.052’); and an area of 0.66 hectares. The parcel is
intended to be conveyed to the City of Kitchener to complete West Oak Trail connecting it to
Fischer Hallman Road.
B 2015-014 – Permission to sever a parcel of land identified as “Lot H” on the plan submitted with
the application having width of 11.3m (37.073’); a length of 21.5m (70.538’) and an area of 0.025
hectares. The parcel is intended to be conveyed to the City of Kitchener for Parkland Dedication.
B 2015-015 – Permission to sever a parcel of land having an irregular shape at the intersection of
Fischer Hallman Road and Huron Road identified as “Lot I” on the plan submitted with the
application having an area of 0.05 hectares. The parcel is being conveyed to the City of
Kitchener for a road widening and future roundabout.
B 2015-016 – Permission to sever a parcel of land adjacent to Fischer Hallman Road identified as
“Lot J” on the plan submitted with the application having an area of 0.1 hectares. The parcel of
land is being conveyed to the Region of Waterloo for a road widening, roundabout and daylight
visibility triangles.
B 2015-017 – Permission to sever a parcel of land identified as “Lot K” on the plan submitted with
the application having a width on Huron Road of 76.1m (249.671’); an easterly depth of 46.9m
(153.87’) and an area of 0.33 hectares. The parcel is intended for future commercial and
residential development.
B 2015-018 – Permission to sever a parcel of land identified as “Lot L” on the plan submitted with
the application having a width on Huron Road of approximately 11.3m (37.07’); a depth of
approximately 46.9m (153.87’) and an area of 0.07 hectares. The parcel is intended to be
conveyed to the City of Kitchener for Parkland Dedication.
B 2015-019 – Permission to sever a parcel of land identified as “Lot M” on the plan submitted with
the application having a width along Huron Road of 76.1m (249.67’) and an area of 0.02
hectares. The parcel is intended to be conveyed to the City of Kitchener for a road widening.
B 2015-020 – Permission to sever a parcel of land identified as “Lot N” on the plan submitted with
the application to be conveyed as a lot addition with the abutting property fronting on to
Postmaster Drive, having a northerly dimension of 22.1m (72.506’); a easterly dimension of 38m
(124.67’) and an area of 0.08 hectares. The parcel is intended for future residential development.
Resulting from Consent Applications B 2015-008 to B 2015-050 on Part Lot 153, German
Company Tract, being Part 4 on Reference Plan 58R-8992 (Vacant Land Corner of Huron Road
and Fischer Hallman Road) the retained parcel of land identified as “Lot A” on the plan submitted
with the application, having an irregular shape with a width on Huron Road of 56.1m (184.055’),
an easterly depth of 153m (501.968’); and an area of 1.72 hectares. The parcel is intended for
future commercial and residential development.
The Committee considered the report of the Planning Division, dated January 14, 2015, advising
that the property is located at the northwest corner of Fischer Hallman Road and Huron Road.
Included with this application is a property municipally addressed as 1673 Huron Road. The
owners have applied for a severance application to facilitate the future development of the
property with commercial and residential uses.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
The surrounding area north of Huron Road is comprised of newly developed, and planned, low
rise residential uses. Lands to the south of the subject property are planned for the future City-
owned South District Park and recreational grounds. Lands to the southeast of the subject
property are planned for commercial and residential uses.
Proposed Development:
Together, the properties are just more than 9 hectares in size. The proposed development
includes future commercial uses, low to medium density residential dwellings, a public road, and
a publicly owned storm water management facility (wet pond). The interim development also
includes a temporary storm water management facility.
The applicant is requesting consent to divide the lands into two large commercial parcels, two
large residential parcels, two parkland blocks, two future residential development parcels (lot
additions), one large permanent storm water management facility, one public road (West Oak
Trail extension), and all required road widening slivers for Huron and Fischer Hallman Roads.
Official Plan – Rosenberg Secondary Plan:
The properties are designated in the Rosenberg Secondary Plan. Different portions of the
property are designated for different uses and densities.
Low Density Residential Two – Proposed Lots E and N - these lands are proposed as lot
additions for future street fronting townhouse dwellings that are proposed to be built with the
adjacent subdivision. The Low Density Residential land use designation permits street
townhouse dwellings. The net density range will generally be 10 to 25 units per hectare.
Medium Density Residential One – proposed portion of Lot A – these lands are proposed to be
developed as part of a comprehensive multiple dwelling development. A range of medium
density housing types are permitted, including townhouse and multiple dwellings. The net density
range will generally be 26-100 units per hectare and a maximum Floor Space Ratio of 1.0.
Building heights will generally range between 3-8 storeys, and further regulated through the
zoning of the lands.
Mixed Use One – Proposed Lots A and B – these lands are proposed to be developed as part of
a future multiple dwelling development which will permit a variety of housing types. Small-scale
commercial uses at neighbourhood gateway locations are also permitted. Permitted non-
residential, neighbourhood-oriented uses may include retail, but not including major retail, office,
but not including major office, financial establishments, personal services and/or restaurants in a
plaza or mixed-use building, health-related uses, such as health offices and clinics, studios,
craftsman shop, education establishments, day care, religious institutions and museum up to
25% of a building. Permitted residential uses may include multiple dwelling units (not including
cluster townhouses) and special needs housing. The net residential density range will generally
be 26 to 200 units per hectare. Purpose-built live/work units may also be permitted along with
expanded home business provisions. Building heights will be encouraged to be between 2 and 5
storeys and may be further regulated through the Zoning By-law.
Mixed Use Two Proposed Lots D and F - These areas are generally intended to provide
commercial and office uses that serve the entire Rosenberg Community and adjacent Planning
Communities, along with residential uses that are at higher densities than the surrounding area
while achieving a built form that is compatible, accessible, safe and efficient for all modes of
travel. Permitted non-residential uses include Retail, including Major Retail. Notwithstanding the
maximum floor space ratio contained in the Mixed Use policies above, the City may permit a
maximum floor space ratio of up to 4.0 in the Zoning By-law to individual properties where higher
intensity development is desirable and appropriate. Building heights will be encouraged to be
between 3 and 10 storeys and are further regulated through the Zoning By-law.
The intersection of Huron and Fischer Hallman roads is identified as a Community Gateway,
within the Node and within the Fischer Hallman Mixed-Use Corridor. Nodes and Corridors are
planned to provide a balance of commercial, office, institutional, and multiple residential uses that
serve the Rosenberg and surrounding Planning Communities in a compact and intensive
development pattern along the Fischer Hallman Corridor. The built form must frame the
intersection and provide an attractive and defining entrance at neighbourhood and community
gateways.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
The Rosenberg Secondary Plan policies also provide direction for subsequent development
applications, including future site planning. The built form should frame the intersection and
define an attractive entrance to the community and address the street in a manner that supports
an active streetscape. Development along arterial and collectors shall be “street-facing”. Public
roads that support active transportation are required, including West Oak Trail. West Oak Trail is
shown as a minor collector on the Rosenberg Secondary Plan Transportation Map. Noise
Mitigation should be addressed through site design, grading, built form materials, and/or
development timing (extractions of aggregate). Passive noise control measures, including noise
warning clauses are to be used to mitigate impacts wherever possible.
Through this application, Proposed Lot G will be developed as a public road and transferred to
the City following the final approval of the consent application. The proposed severed and
retained parcels will be developed to ensure that the policy objections of the Secondary Plan are
met, in accordance with the approved zoning.
Zoning By-law:
The Zoning of the property was approved by the Ontario Municipal Board (OMB). On June 6,
2014, the OMB issued a decision for Case PL090773. The Zoning of the subject area varies to
align with the intent of the Official Plan policies. The minimum lot size of all proposed parcels
meet the minimum standards of the Zoning By-law. A majority of the zoning regulations will be
realized through future individual site planning processes.
Planning Act:
In accordance with Section 51. of the Planning Act, R.S.O. 1990, c. P.13 as amended; Planning
Staff are recommending that the owner enter into a modified City subdivision agreement as a
condition of approval of the applications. This agreement will outline all obligations of the owner
prior to the severance applications receiving final approval.
Supporting Materials:
To support the severance applications, the Owner submitted the following reports:
Transportation Impact Study
General Vegetation Overview
Geotechnical Report
Hydrogeological Assessment
Preliminary Stormwater Management Report
Functional Servicing Report (includes Preliminary Grading Plan, Sanitary Sewer Capacity,
Water Supply Analysis, and Functional Servicing Study)
Fire Flow Demand Analysis
Archaeological Assessment
In review of these reports, together with the applicable Official Plan policies and zoning
regulations, staff is supportive of a conditional approval of the severance application as the size
and position of the proposed lots/parcels are appropriate.
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 and that the configurationof the proposed lots can be considered
appropriate for the use of the lands. 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.
Building Comments:
The Building Division has no objections or comments.
Transportation Planning Comments:
Transportation Services has no concerns with the proposed severance. The road width as
proposed for Lot G (West Oak Trial Drive) is acceptable. Standards conditions for the design and
construction of West Oak Trail are to be included in the agreement. Road widenings as shown
on the plan are to be dedicated to the City or Region. Further review will be undertaken for each
parcel at the site planning process.
Engineering Comments:
This development must be designed in accordance with City’s subdivision standards.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
The Engineering Division will require a copy of the Record of Site Conditions (RSC) for the
portion of land that is to be conveyed to the City.
Any impacts to private wells and septic systems are the responsibility of the owner to address. It
should be considered in the Servicing Report whether the surrounding residences could be
serviced. If the private wells fail to function due to the development of the subdivision, the owner
is responsible to provide water supply and other services to the affected residences. The
appropriate conditions identifying this requirement should be incorporated into the subdivision
agreement.
Any collateral / structural damage to neighboring properties is the responsibility of the owner /
Developer to rectify.
Future development blocks abutting another plan of subdivision must be consolidated with the
adjacent plan(s) of subdivision to facilitate development. The appropriate conditions identifying
this requirement should be incorporated into the subdivision agreement.
Additional walkway accesses should be provided, particularly at mid-block points or intersecting
streets as part of this plan. These walkways should be barrier free.
A Construction Staging Plan should be submitted to the City to determine the staging sequence
and road network to support the order of development.
All service easements are to have a minimum 5.0 metre width.
Reserve Blocks (0.3m) should be shown at all subdivision boundaries where road connections
are shown to continue and along any other road frontages along the boundaries of the
subdivision.
Additional comments will be provided during the design review process.
Storm Water Management (SWM):
Final approval of a Stormwater Management Report is required to address quality and quantity
concerns. The Stormwater Management design shall recognize existing outlet constraints
located in the downstream development 30T-08201.
The 250 year overland flow path is to be approved by the Director of Engineering Services prior
to subdivision approval. Where major overland flow routes are not on municipally owned lands,
the owner must deed to the City a minimum 6.0 m wide drainage corridor.
All low points must be eliminated in order to provide positive major overland storm flows.
All SWM systems including infiltration requirements must be and must meet City of Kitchener
design standards and applicable Regional and Provincial standards.
Engineering will take an additional letter of credit in the amount of proposed Stormwater
Management Pond to be held by the City until a Certificate of Approval for the on-site Stormwater
Management Pond and extension of the municipal sewers and water main has been granted by
the Ministry of Environment (MOE) and the oil grit separator is installed in accordance with
approved plans to the satisfaction of the Director of Engineering Services.
Servicing:
Final approval of a Functional Servicing Report is required to establish methods of servicing and
a capacity analysis is required for the proposed development and downstream facilities. Sanitary
sewer and Storm sewer design sheets are required to confirm capacity in existing municipal
system.
Final approval of a Site Servicing plan showing the existing and proposed services on the
property as well as the outlets to the municipal servicing system along with the sanitary and storm
sewer design sheets will be required to the satisfaction of the Engineering Division prior to site
plan approval. Sanitary peak flows are also required to ensure sanitary capacity within the
municipal sanitary sewers. If insufficient capacity is flagged, then it is the developer’s
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
responsibility to provide any upgrades to the system as required and solely at the developer’s
expense. There are significant capacity constraints in the sanitary sewer along Woodbine Avenue
with full development flows. However, development within Lot D (November 17, 2014 Severance
Sketch) is permitted to proceed at this time. Future development on Lots A, B, C, and K will
require the upgrades to be completed.
Road Network:
West Oak Trail (20.0m+ Right-of-Way) must be extended from adjacent plan of subdivision 30T-
08201 (Mattamy - Trillium Community) to Fischer Hallman Road through this site and will be
required to be designed as per City of Kitchener standards to the satisfaction of the Engineering
Division prior to final approval. West Oak Trail shall provide an east-west City of Kitchener
300mm diameter water main connection. A Letter of Credit will be required for infrastructure to
be assumed by the City of Kitchener.
The proposed development must be compatible with the Region’s future design for Fischer
Hallman Road, and as such will require Regional approval.
All proposed street Plan and Profile drawings must be submitted for review and approval as per
normal subdivision requirements. Sidewalks will be required on all streets internal and directly
surrounding the subdivision as per City policy. All public right-of-ways and all services shall be
designed and constructed to the standards specified in the City of Kitchener Standards, Regional
Standards and other applicable Provincial Standards without exception.
Due to the City road widening that is required from Transportation Planning, the Engineering
Division will require a Phase I and II Environmental Site Assessment (ESA) for that portion of land
that is to be conveyed to the City all prior to site plan approval.
Multi-Use Trail:
The owner is required to install or to make satisfactory financial arrangements with the
Engineering Division for the installation of a 2.1m concrete sidewalk across entire frontage of
Fischer Hallman Road and 3.0m wide multi-use trail across entire frontage of Huron Road with
construction of first phase prior to the site plan approval.
Required Approvals:
Final approval of a Grading and Drainage Control Plan is required to the satisfaction of the
Director of Engineering Services. Where site soils are conducive to infiltration, groundwater
infiltration measures should be implemented.
Final approval of an Erosion and Sedimentation Control Plan must be submitted for review and
approval.
Decommissioning of all existing wells and any septic systems must be done in accordance with
the applicable Ontario Regulation.
A detailed water servicing report is required to review the extent of lands that can be serviced by
municipal water distribution network. A copy of this report should be directed to Utilities Division
for approval.
Final approval of a Detailed Geotechnical/Hydrogeological Investigation Report is required. This
report must distinguish the suitability of soils to support the infiltration of roof water. Demonstrate
difference in elevation between seasonally high groundwater elevation to the underside of footing
elevations.
In accordance with Section 53 of the Ontario Water Resources Act, a certificate of approval for
sewage works will be required by the Ministry of Environment for the extension of municipal
sewers and water main/ Stormwater Management Pond to the satisfaction of the Director of
Engineering prior to Certificate of Approval by the City of Kitchener or Final Inspection for the
release of development securities.
In accordance with Section 53 of the Ontario Water Resources Act, a certificate of approval for
sewage works will be required by the Ministry of Environment for the on-site Stormwater
Management Pond and extension of the municipal sewers and water main to the satisfaction of
the Director of Engineering prior to Approval by the City of Kitchener.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
Heritage Comments:
Section 2 of the Planning Act indicates that Council shall have regard to matters of Provincial
interest such as the conservation of features of significant architectural, cultural, historical,
archaeological or scientific interest. In addition, Section 3 of the Planning Act requires that
decisions of Council shall be consistent with the Provincial Policy Statement. Policy 2.6.1 of the
Provincial Policy Statement requires that significant built heritage resources and significant
cultural heritage landscapes shall be conserved. The Provincial Policy Statement defines
significant as resources that have been determined to have cultural heritage value or interest for
the important contribution they make to our understanding of the history of a place, an event, or a
people.
Regional and municipal policies and guidelines also address the conservation of cultural heritage
resources. The Regional Official Plan contains policies that require the conservation of cultural
heritage resources. The City’s Official Plan contains policies that require development to have
regard for and incorporate cultural heritage resources. In addition, the City’s Design Brief for
Suburban Development and Neighbourhood Mixed Use Centres as well as the City’s Rosenberg
Secondary Plan require cultural heritage resources to be conserved and integrated as prominent
neighbourhood features and focal points.
The subject property is located adjacent to 1683 Huron Road, which is listed as a non-designated
property of cultural heritage value or interest on the City’s Municipal Heritage Register and
proposed for designation under Part IV of the Ontario Heritage Act. A Heritage Impact
Assessment (HIA) prepared by Robinson Heritage Consulting dated September 26, 2007 and
updated March 28, 2012 and April 25, 2012 was approved by the Director of Planning on June
11, 2013. This HIA was submitted in support of Plan of Subdivision 30T-08201 located
immediately West of the subject property. A Detailed Vegetation Management Plan prepared by
Stantec dated November 2012 and revised July 2013 was also submitted in support of plan of
subdivision 30T-08201.
The HIA concluded that 1683 Huron Road is a significant built heritage resource to be designated
under the Ontario Heritage Act and identified a number of significant exterior, interior and
landscape attributes that contribute to the cultural heritage value and interest. The significant
cultural heritage landscape attributes include: mature trees around the farmhouse (sugar maple,
cedar, lilac, plum and apple trees); visual relationship of the farmhouse oriented to Huron Road;
appreciation of the former laneway lined by large, mature sugar maple trees; the vista of the front
façade of the farmhouse as seen from Huron Road (from vantage points along a line beginning at
the southeast corner of the subdivision lands and extending to a point just under 45 metres to the
west). The HIA noted that one of the significant cultural heritage landscape attributes is located
on the subject property (portions of the former laneway lined by large, mature sugar maple trees).
The Detailed Vegetation Management Plan concluded that the large, mature sugar maple trees
associated with the laneway (on the adjacent lands and the subject lands) will be preserved and
protected. As a result, future grading and development on the subject lands must maintain an
appropriate setback from the driplines.
The current consent applications have identified Lot L and Lot H which contain elements of the
tree lined laneway. Both lots are proposed to be conveyed as Parkland to the City in order to fulfill
part of the parkland dedication requirements. The acquisition of Lot L and Lot H will ensure the
long-term conservation of the tree lined laneway, one of several heritage attributes associated
with the farmhouse at 1683 Huron Road, and facilitate final designs for the overall park on the
adjacent lands and the subject property. Heritage Planning staff accept this conservation
approach and recommend that standard conditions of draft approval be required in order to
protect the long term health of the trees.
Environmental Comments:
Environmental Planning staff has reviewed the environmental supporting documentation noted
above as well as relevant portions of:
Preliminary Grading Plan (Dwg. C-400, Rev. 4, September 16, 2014). Stantec.
Final Stormwater Management (SWM) Design Report (September 2014) and
Supplementary Stormwater Management (SWM) Report - Interim Site Conditions
Addressing Interim Flows from External Lands (November 2014). Stantec.
Hydrogeological Assessment. September 17, 2014. Stantec.
Geotechnical Investigation. May 10, 2013. Stantec.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
Staff has no objections to the applications for severance noted above. In addition, the General
Vegetation Overview (GVO) submitted in support of the planning applications addresses the
requirements of the Council-adopted Tree Management Policy (rev. 2001) and our request to
complete and submit such a study as part of a complete application. This request was made as
part of the Pre-Submission Consultation process in July 2014. Standard conditions for tree
management in the form of those in the Subdivision Agreement are all that are required.
Subject Property and Relevant Environmental Policies:
The subject property can be characterized as cleared, agricultural land with a few scattered
immature trees at / on the rights-of-way of both Fischer Hallman and Huron Roads. 1271395
Ontario Limited has acquired the additional rural property at 1673 Huron Road. After the Pre-
Submission Consultation in July 2014, this additional property was included in the development
application(s). It has an existing residence and associated planted trees as part of its
landscaping.
Guiding documents with respect to the natural heritage features and functions on or near the
subject property are as follows:
Strasburg Creek Master Watershed Plan. February 1991. Paragon Engineering Limited
and Ecologistics Limited for the City of Kitchener;
Strasburg Creek Master Watershed Plan – Implementation Report. September 1996.
Paragon Engineering Limited and Ecologistics Limited;
Southwest Kitchener Urban Areas Study: Community Master Plan and Land Use Option
Evaluation Report. 2011. The Planning Partnership et. al.
Rosenberg Secondary Plan. April 2013. City of Kitchener;
Kitchener Official Plan
Regional Official Plan. Region of Waterloo. December 2010.
Tree Management Policy. City of Kitchener. Rev. Nov. 2001.
Analysis & Recommendations:
There are no natural heritage features of local, Regional, Provincial or Federal significance on or
adjacent to either of the subject properties. The GRCA does not regulate any lands on or
adjacent to the subject property.
Trees near the properties’ southwest corner associated with the Mattamy’s heritage home and its
laneway were addressed as part of Draft Plan of Subdivision 30T-08201 and are to be retained.
At the time of pre-consultation, it was recommended that to best protect the laneway trees (root
zones to the east of the tree stems which extend onto Bromberg lands) that this portion of the
property be dedicated as parkland - which would then augment the park in the Mattamy
subdivision containing the actual stems of the laneway trees. It is our understanding that the
creation of Lots H and L are proposed to be created for this purpose. The width of the proposed
park lots (approx. 11m) just accommodates the root zones of the laneway trees based on the
canopy radii (10m) described in the GVO.
Trees also exist on the Mattamy property immediately adjacent to (west of) proposed Lot A along
the west side of the laneway of the heritage home. These four (4) Sugar Maples (I3, J3, K3, L3)
must also have their root zones protected (i.e. no grade changes or other disturbance) if they
extend onto Lot A. The Detailed Vegetation Plan for the Mattamy property indicates that the root
zones (as estimated by the dripline) of these four (4) trees would not likely extend much onto the
Bromberg lands. Protection of these trees should be considered through the Site Plan Approval
(Tree Preservation / Enhancement Plan) process for future development of Lot A.
Direction for Future Studies:
1. We agree with the recommendations in the GVO with the following exception, and further
direction:
a. The seven (7) scattered trees along Huron and Fischer Hallman Roads are located
at or on the road rights-of-way. As part of the Detailed Vegetation Plan (DVP) prior
to pre-servicing or pre-grading, input from City Forestry should also be obtained to
determine any interest in their retention.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
b. Trees 188 – 206 associated with 1673 Huron Road are recommended for Further
Analysis prior to area grading and / or the installation of the permanent and interim
SWM facilities. Native tree species would arguably be the priority for retention.
However, the opportunity to selectively retain any trees in the area of the interim
SWM facility may be limited.
2. Site plan approval for Lot A must consider the proximity of trees to be retained just off-
property to the west (Tree Preservation / Enhancement Plan).
3. We note that the Preliminary Grading Plan proposes grade changes within the proposed
lots set aside for Parkland (fill of approx. 30cm), and within the area labelled “No Touch
Tree Preservation Area” in the GVO. Any grade changes in / adjacent to the two (2) lots
proposed for park and to preserve the heritage Sugar Maples must be addressed at the
earliest opportunity.
4. The proposed SWM for these properties is likely to be complex owing to: the Regional
Recharge Area on the property and objectives for infiltration; the relatively “tight” nature of
the soils on site (relatively high percentages of clay and silt); and increased chlorides in
winter / spring stormwater runoff in this Regional Recharge Area and the related possible
increased threat to the quality of drinking water supply. The Region’s Source Protection
Plan under the Province’s Clean Water Act is anticipated to come into force and effect
during the development of the lots created through these consents. As a result of SWM
facilities in some areas being considered to constitute a Threat under the Region’s Source
Protection Plan, Kitchener Development Engineering and Kitchener SWM Utility staff
should collaborate with the Region’s Source Protection staff on the review of any SWM
concepts and ultimate designs because the SWM facility for this development is intended
to be City-owned.
Infrastructure Comments:
Parkland dedication is required for the following lots proposed to be severed: Lots C, D, E, F, G,
H, I, J, L M and N. Parkland dedication is to be calculated at the Commercial land use rate of 2%
of the total area of those lots identified.
Lot H (0.025 hectares) and Lot L (0.07 hectares) are proposed to be conveyed to the City for a
total of 0.095 hectares. Together Lots H and L are acceptable and partially satisfy the Parkland
dedication requirement for the severed lots identified above. Cash-in-lieu calculated on the
remaining land area at the 2% commercial land value rate, will be required to fully satisfy the
Parkland dedication required for the severed lots identified above.
Parkland dedication is required for Lots B and K to be severed, and will be deferred to the site
plan application process at which time Parkland dedication for Lots B and K will be calculated and
assessed in accordance with the City’s Parkland Dedication Policy, latest revision.
Parkland dedication is required for Lot A to be retained, and will be deferred to the site plan
application process at which time Parkland dedication for Lot A will be calculated and assessed in
accordance with the City’s Parkland Dedication Policy, latest revision.
Within the subdivision agreement, the owner will be required to submit and receive approval of a
complete detailed design as prepared by a Professional Engineer for proposed angled parking
within Lot G intended as a municipal roadway, meeting the minimum requirements of the City’s
Development Manual and to be reviewed by the Director of Engineering Services in consultation
with the Director of Operations.
Within the subdivision agreement, the owner will be required to enter into Agreement with the City
of Kitchener such that angled parking as may be approved within Lot G, will be maintained by the
applicant and/or their successors, with the cost of maintenance to be borne by the applicant
and/or their successors.
Within the subdivision agreement, the owner will be required to submit and receive approval of a
detailed grading plans and detailed design and landscape plans prepared by a Landscape
Architect for Lots H and L Parkland to be conveyed to the City of Kitchener, meeting the minimum
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
requirements of the latest revision of the City’s Development Manual, to be approved by the City’s
Director of Operations in consultation with the Director of Planning and the Director of
Engineering Services.
The owner will be further required to complete construction of the approved park plans, the full
cost of the approved works to be borne by the applicant, including tree protection works, area
grading and topsoil works, seeding and sodding, multi-use pathway construction, tree plantings
and warranty.
Within the subdivision agreement, the owner will be required to submit and receive approval of a
detailed Street Tree Planting Plans prepared by a Landscape Architect meeting the minimum
requirements of Section M of the City’s Development Manual, to be approved by the City’s
Director of Operations in consultation with the Director of Engineering Services.
The construction of the approved street tree planting plan must be in conformance with the
requirements of Section M of the Development Manual, including the construction of tree habitat
soil zones and warranty. The full cost of the approved street tree planting works is to be borne by
the applicant.
Within the subdivision agreement, the owner will be required to submit and receive approval of a
detailed design and grading design prepared by a Landscape Architect for a Type 1 paved multi-
use pathway required within the road allowance of the entire Huron Road frontage of the subject
lands, meeting the minimum requirements of the City’s Development Manual, to be approved by
the City’s Director of Operations in consultation with the Director of Engineering Services. The
owner is required to complete the construction of the approved multi-use pathway plan, the full
cost of the approved works to be borne by the applicant.
The owner will be required to receive approval of a detailed design plans prepared by a
Landscape Architect for the landscape planting of the Lot F Storm Water Management Facility,
meeting the minimum requirements of the latest revision of the City’s Urban Design Manual, to be
approved by the City’s Director of Operations in consultation with the Director of Engineering
Services. The complete construction of the approved storm water management facility landscape
planting plan and the full cost of the approved works is to be borne by the owner.
In addition, approval of a detailed design and grading design prepared by a Professional
Engineer for a storm water management facility access roadway as part of the requirements for
Lot F detailed design submissions and meeting the minimum requirements of the City’s
Development Manual, to be approved by the City’s Director of Operations in consultation with the
Director of Engineering Services, will be required. The complete construction of the approved
storm water management facility roadway access and the full cost of the approved works is to be
borne by the owner.
Additional comment will be provided at the time of review of the applicant’s required plan
submissions.
Several standard conditions of City’s residential subdivision agreement are applicable, including
all those standard sections requiring complete design and construction by the Subdivider of
approved parks and parks facilities, approved street tree plantings and approved multi-use
pathways.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
January 12, 2015, advising that they have the following comments regarding these applications:
Water Services
Regional staff has reviewed the Functional Servicing Plan and Fire Flow Analysis and has no
concerns with the applications.
As a condition of consent approval, the owner will be required to enter into an agreement for
servicing with the Region to preserve access to municipal water supply and wastewater treatment
services prior to final approval or any agreement for the installation of underground services,
whichever occurs first.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
Source Water Protection
The site is located within a Wellhead Protection Sensitivity Area 7 and 8, and a Regional
Recharge Area as designated in the 2010 Regional Official Plan which was approved by the
Province in 2010 but is currently under appeal. The lands are designated Sensitivity Areas 3 and
4 in the 1995 Regional Official Policies Plan. Staff has reviewed the Hydrogeological
Assessment, the Final Stormwater Management Plan (and the supplementary report), and the
Functional Servicing Report completed by Stantec. Staff has some issues with the SWM report
prepared for this development, as it has not incorporated any distributed recharge into the SWM
plan; only end-of-pipe controls have been proposed:
1. The current stormwater approach indicates that all stormwater will be diverted to a SWM
pond facility in the northeast corner of the property, where an existing SWM pond from the
Tru-villa/Mattamy development will be expanded and consolidated with the subject lands.
A large end-of-pipe infiltration gallery is proposed to infiltrate stormwater from this facility.
A winter shut-off valve has been included in the design.
a. Staff supports the concept of a winter shut-off valve for a large infiltration gallery
that is hydraulically connected to the SWM pond.
b. Conveyance Infiltration Facilities (CIFs) have not been proposed.
c. Lot-level infiltration has not been incorporated into the SWM plan. This should be
incorporated into the SWM plan. Omission of lot-level infiltration may be
acceptable to the Region if rationale can be provided by the proponent to the
satisfaction of the Region.
Staff does not support the current approach to stormwater management at the existing
property, unless rationale can be provided to the Region’s satisfaction to omit lot-level
infiltration.
Very high percolation rates have been estimated at several locations across the proposed
development, particularly in the “Upland Areas” tested by AMEC per Table 4 of the
Hydrogeological Assessment (Stantec, 2014a). This would suggest that lot-level infiltration
is practical across much of the study area for residential portions of the development.
2. The water budget presented in Appendix B of the Final Stormwater Management Report is
not adequately explained or discussed in any detail in the text of the report. The following
questions have been noted:
a. Where did the infiltration rate for Catchment 447 came from?
b. Is the very high infiltration rate for Catchment 470 a result of infiltrating stormwater
from Catchment 447 and apportioning this recharge to Catchment 470?
c. Did this water balance take the winter shutoff into consideration when estimating
infiltration volumes (i.e. closed for five months from December through April)?
3. An ongoing monitoring program has not been presented by the proponent. Groundwater
level monitoring should continue through the pre-construction, construction and post-
construction stages. This should include monitoring of the SWM facility to assess the
efficacy of the proposed infiltration gallery.
4. Arrangements satisfactory to the Region, will need to be made to secure implementation
of an acceptable SWM plan for the entire subject property, and the proponent’s
responsibilities for ongoing monitoring of on-site groundwater levels once the lands have
been severed.
5. Upon completion of the ongoing groundwater monitoring program, all wells are to be
decommissioned in accordance with O. Reg. 903 by the property owner. This requirement
will need to be secured through an agreement with the Region.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
Salt Management Plans (SMPs) will be required (prior to site plan approval) for individual parcels
where employment lands, multi-use residential lands, or institutional lands are being constructed.
This will need to be secured by way of agreement with the Region.
At this point in time staff does not support the stormwater management report submitted in
support of the applications to create the new parcels. Distributed recharge was not considered in
the stormwater design. Distributed recharge should be incorporated into the design, in
combination with the end-of-pipe infiltration gallery. The current SWM plan may be acceptable if
the proponent can provide sufficient reationale to explain the exclusion of distributed recharge
across the property, to the satisfaction of the Region. Staff will require that a more detailed water
budget be presented, along with explanations for how/why numbers were calculated/used.
See additional SWM / Servicing comments captured below under Transportation Planning.
Regional staff would be prepared to discuss the above further with the applicant.
Source Water Protection and Winter Salt Management Information:
The applicant will also be required to enter into an agreement with the Region to distribute source
water protection and winter salt management information with all Agreements of Purchase and
Sale, and / or Rental Agreements.
Site Contamination:
At time of Pre-Submission Consultation for this development, staff identified the need to complete
a Record of Site Condition (RSC) for the property to address potential site contamination in
accordance with the Region’s Guideline for Site Contamination. Regional staff acknowledge
receipt of a Phase 1 Environmental Site Assessment (ESA) completed by Stantec, November 20,
2014 for the property. As a condition of approval, the applicant will be required to submit a Letter
of Reliance, acceptable to the Region, in support of the ESA report.
The applicant has requested the Region to waive the requirement for the RSC based on the ESA
report submitted. Regional staff will consider this request once the Letter of Reliance is received.
In the meantime, the RSC will be made a condition of consent approval.
Transportation Planning:
Dedicated Road Widening:
A dedicated road widening as per worst case property requirement plan provided to the City of
Kitchener on October 9, 2014 or a minimum road widening based on 36.576m designated road
width will be required along the full property frontage on Fischer-Hallman Road and Huron Road.
Daylight triangles (7.62m) at the intersection of West Oak Trail (proposed Municipal Street) /
Fischer-Hallman Road along the new property lines will be required to be conveyed to the
Region. The exact amount of widening required must be determined by an Ontario Land
Surveyor.
City staff will need to confirm that they are satisfied with the property requirement along the Huron
Road frontage.
All dedicated road widenings mentioned above will be required at developer’s cost.
A draft reference plan showing the dedicated road widenings as separate parts on the plan must
be submitted for review by Regional staff / City staff prior to depositing the reference plan at Land
Registry office. The draft Reference plan should also show the property line on the east side of
Fischer-Hallman Road so that Regional staff may ensure that no additional property is required
from this development in order to accommodate the widened Fisher-Hallman Road cross-section.
Traffic Site Circulation and Access:
This section of Fischer-Hallman Road is proposed to have future 4-lane cross-section with a
traffic median in the centre restricting any left turn movement. A concrete centre median from
Huron Road extending north of Sienna Street has already been constructed. A right-in, right-out
movements only access will be allowed at the West Oak Trail connection at Fischer-Hallman
Road. No other individual access will be allowed from Fischer-Hallman Road to any individual
blocks / property.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
Fischer-Hallman Road is a Controlled Access-Prohibited Regional road under Controlled Access
By-law #58-87. An amendment to the By-law is not required for municipal street intersections;
however, an amendment would be required for any private access. As a principle, the accesses
to this type of Regional road must be restricted with access provided through the internal street
system.
An access permit along with application fee of $200 will be required for the West Oak Trail
access. The access permit application can be found at:
http://www.regionofwaterloo.ca/en/doingBusiness/RoadandTrafficPermits.asp#Access%20Permit
Stormwater Management / Servicing:
Notwithstanding Hydrogeology and Source Water comments above, Transportation Planning staff
provides the following preliminary comments at this time:
• The Huron Road intersection is essentially the local high point along the corridor in this
area. The Mattamy pond is the low point (just south of Seabrook). It appears that per
MTE’s design, no portion of Fischer Hallman Road is being directed to the Applicant’s
SWM pond. However, based on as-recorded drawings of the Huron Road roundabout, the
northwest quadrant drains via 300mm diameter storm to the ditch in the same quadrant
(Bromberg). It would be a small contribution, and should be considered accordingly in the
report/plans.
• As noted above, the widening and urbanizing of Fischer-Hallman Road will have storm
water from both sides of the road collected into a single storm sewer that drains to the Tru-
villa / Mattamy development stormwater management pond. The drainage area draining
into the Tru-villa/Mattamy pond should be revised to show the full width of the road on
Fischer-Hallman Road from Seabrook Drive to the high point near the cemetery as this
was reviewed and modified earlier in the year with the Trillium development.
• The Functional Servicing Report refers to the Transportation Impact Study completed in
support of this development that suggests an ultimate 65m length left-turn lane is required
for northbound traffic on Fischer-Hallman Road. Please be advised, as already confirmed
to the consultant, that the West Oak Trail entrance will be restricted to right-in, right-only
traffic movements.
Lot Grading:
At time of site plan applications, detailed site grading plans and servicing plans will be required for
review and approval by the Region. In this regard, 3 copies of the Site Grading and Drainage
Plan(s) and Site Servicing Plan(s) must be submitted to the Region for review and approval.
These plans should include: infiltration of roof top runoff where soil conditions permit; drainage
details for the subject property, abutting properties and the public road allowance under existing
and future road conditions (to ensure compatible drainage); all existing and proposed connections
to the municipal storm sewers, sanitary sewers and watermains; and all detailed erosion and
siltation control features; all to the satisfaction of the Regional Municipality of Waterloo.
The site must be graded in accordance with the approved plans and the Regional Road
allowance must be restored to the satisfaction of the Regional Municipality of Waterloo.
The lot grading and servicing plans will be made a condition of consent approval.
Transportation Capital Projects / Class EA:
The Region is in the process of commencing a Class EA for widening Fischer-Hallman Road from
Bleams Road to Plains Road. Assuming no delays, it is anticipated that approval of the Class EA
could be requested in the Spring to Fall of 2015 with detailed design work to follow into 2016.
Further review of detailed design drawings may be required related to servicing that impacts
Fischer-Hallman Road at the appropriate time.
Transportation Impact Study:
A Transportation Impact Study (Paradigm, September 2014) has been prepared without a pre-
study meeting with Regional / City staff. The Study has assumed 3 full-movement accesses from
Huron Road and a right-in, right-out, left-in movements access on Fischer-Hallman Road. The
Study is not required from a Regional perspective as only right-in, right-out traffic movements will
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
be permitted on Fischer-Hallman Road as mentioned above. If the City of Kitchener should
require an updated TIS, it should be updated based on right-in, right-out movements only access
for West Oak Trail at Fischer-Hallman Road. The development on these lands must be designed
accordingly.
Noise Study:
An environmental noise study will be required to assess the impacts of transportation noise from
Fischer-Hallman Road / Huron Road on sensitive uses, and to assess any potential impact of
stationary noise sources in the vicinity of existing and future sensitive uses both on and off site,
including but not limited to, the on-going aggregate operations on the south side of Huron Road.
It is the responsibility of the applicant to ensure the proposed / existing development(s) are not
adversely affected by anticipated transportation and/or stationary noise impacts. The
environmental noise study / studies must comply with MOE NPC-300 Guidelines. Recognizing
detailed development plans are not yet known for majority of the lands, noise study requirements
will need to be secured by way of agreement with the City and/or Region through these consent
applications.
For the Applicant’s information, the Region of Waterloo currently charges $250. for the
preparation of traffic forecasts and review of Environmental Noise Studies. The noise consultant
preparing the Environmental Noise Study must complete and submit a Transportation Planning
Noise Assessment Fee Form and must request forecasted traffic data for the appropriate
Regional roadways. The form can be found at:
http://www.regionofwaterloo.ca/en/doingBusiness/resources/Noise_Assessment_Fee_Application
.pdf. As indicated on the form, traffic forecasts for noise assessments will be prepared within 15
business days of the data of the request, but will be withheld if payment has not been received.
Work Permit:
Any work required in the Fischer-Hallman Road right-of-way will require a Municipal Consent and
a Regional Road Work Permit. In this regard, the applicant will be required to submit 6 copies of
the plans illustrating all the proposed grading, servicing, sidewalk and landscaping on the
Regional Road to the Region’s Transportation Engineering Services Division.
Transit Planning:
Expansion of transit service to this area is identified for 2016-2021. A designated stop
southbound on Fischer-Hallman nearside Huron for a future iXpress extension is planned. This
stop will be located no more than 20m from the pedestrian crosswalk at the roundabout. The
landing pad for this stop will be 15m x 3m (may vary depending upon boulevard).
The developer will be required to provide funds for a 7m x 2.3m shelter pad and a 15m x 3m
transit landing pad (may change depending on the boulevard width) costing $2,025. and $5,625.
respectively.
A shelter easement may be required to accommodate the 7.0m x 2.3m shelter and a 0.5m buffer
for maintenance purposes around the shelter. This can be determined as part of Site Plan
approval.
The above transit stop amenities must be shown on development plans and be secured as as
condition(s) of severance application(s).
In summary, Regional staff supports the above-noted consent applications subject to the
conditions of consent approval noted below.
Conditions of Consent Approval:
1. a. That the Developer enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any agreement
for the installation of underground services, whichever occurs first. Where the
owner has already entered into an agreement for the installation of underground
servicing with the area municipality, such agreement shall be amended to provide
for a Regional Agreement for Servicing prior to registration of any part of the plan.
The Regional Commissioner of Transportation and Environmental Services shall
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
advise prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the plan to
be registered.
b. That the Developer include the following statement in all agreements of lease or
purchase and sale that may be entered into pursuant to Section 52 of the Planning
Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of lease or
purchase and sale are not yet registered as a plan of subdivision. The fulfilment of
all conditions of draft plan approval, including the commitment of water supply and
sewage treatment services thereto by the Region and other authorities, has not yet
been completed to permit registration of the plan. Accordingly, the purchaser
should be aware that the vendor is making no representation or warranty that the
lot, lots, block or blocks which are the subject of this agreement or lease or
purchase and sale will have all conditions of draft plan approval satisfied, including
the availability of servicing, until the plan is registered."
2. That prior to final approval, the Developer submits for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional Commissioner
of Planning, Development and Legislative Services. The final report must address, but not
limited to, the Region’s comments of January 12, 2015 related to stormwater
management.
3. That prior to final approval, the Developer submits for review and approval a during and
post construction groundwater monitoring report for the subject lands; and furthermore,
shall enter into an agreement with the Regional Municipality of Waterloo to secure on-
going implementation of the approved monitoring plan, all to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
4. That prior to final approval, the Developer submits for review and approval a final grading
and drainage control plan and servicing plan for the subject lands, to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
5. That prior to final approval, the Developer shall enter into an agreement with the Regional
Municipality of Waterloo to indicate that any future site specific grading and drainage plan
and stormwater management report submitted for site plan approval for any and all
severed and retained lands be in accordance with the final approved stormwater
management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and furthermore,
that the Developer shall enter into an agreement with the Regional Municipality of
Waterloo to indicate any monitoring wells no longer used for monitoring purposes will be
decommissioned in accordance with applicable laws and regulations, all to the satisfaction
of the Regional Commissioner of Planning, Development and Legislative Services.
7. That prior to final approval the Developer shall enter into an Agreement with the Regional
Municipality of Waterloo to complete and submit for review by the Region, a Salt
Management Plan(s) prior to site plan approval. Furthermore, that the agreement provide
for implementation of such plan(s) through appropriate agreements with the Region and/or
condominium declaration as deemed necessary by the Region, all to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
8. That the Developer enter into an agreement with the Regional Municipality of Waterloo to
distribute source water protection and winter salt management information with all
Agreements of Purchase and Sale, and/or Rental Agreements to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of Planning,
Development and Legislative Services, in support of the Phase 1 Environmental Site
Assessment report (Stantec, November 20, 2014) completed for the subject lands as it
applies to any required road widening and daylight triangles along Fischer-Hallman Road.
10. That prior to final approval, the Developer submit a Record of Site Condition (RSC) to the
Ministry of the Environment in accordance with Ontario Regulation 153/04, and forward
two (2) original copies of the submitted RSC document and Ministry of Environment
acknowledgment to the Regional Commissioner of Planning, Development and Legislative
Services.
11. That prior to final approval, the Developer dedicate at no cost and free of encumbrances to
the Region, a “worst case” road widening along Fischer-Hallman Road adjacent to this
property; and two (2) 7.62 metre daylight triangles at the intersection of West Oak Trail
(proposed municipal street) and Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
12. That prior to final approval, the Developer enter into an agreement with the Regional
Municipality of Waterloo to obtain a Regional Road Access Permit for a right-in / right-out
only access for White Oak Trail Drive at Fischer-Hallman Road, to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the developer enter into an agreement with the Regional
Municipality of Waterloo to prepare a noise study to indicate to the Regional Municipality of
Waterloo methods to be used to abate road traffic and stationary noise levels on the
subject lands prior to site plan approval, and if necessary, shall enter into an agreement
with the City of Kitchener or the Regional Municipality of Waterloo to provide for
implementation of the accepted noise study attenuation measures. Furthermore, the
stationary noise study shall assess any impact of stationary noise on-site and off-site on
sensitive uses both on-site and off-site.
14. That prior to final approval, the Developer shall enter into an agreement with the Regional
Municipality of Waterloo to provide the necessary financial resources for the installation of
an iXpress transit shelter pad ($5,625) and transit landing pad ($2,025) to the satisfaction
of the Regional Commissioner of Planning, Development and Legislative Services.
15. That prior to final approval, the Developer shall enter into an agreement with the Regional
Municipality of Waterloo to provide an easement, if necessary, for an iXpress transit
shelter and for shelter maintenance purposes. Such easement shall be 7.0 metres x 2.3
metres with a 0.5 metre buffer around such transit shelter. All to the satisfaction of the
Regional Commissioner of Planning, Development and Legislative Services.
16. That prior to final approval, the Developer shall enter into an agreement with the Regional
Municipality of Waterloo to obtain a Regional Consent and Work Permit for any work
required within the Fisher-Hallman Road right-of-way, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
Mr. C. Pidgeon, addressed the Committee in support of the subject applications, noting that he
has read the staff report, including the recommended Conditions. He requested an amendment
to Condition 4, Item 12 as proposed by the Region. He stated that there is still some dialogue
required between the applicant and the Region regarding the Access Permit for the extension of
West Oak Trail and requested that the wording “Right In / Right Out Access” be removed from
that requirement. He indicated that he has an email confirmation from the Region that was also
forwarded to City Staff acknowledging support for the proposed amendment. He further advised
that there is also a clerical error in that item as well, the street references White Oak Trail Drive
and it should have referenced “West Oak Trail”.
Ms. von Westerholt advised that staff have received confirmation from the Region, and stated that
staff has no objection to the proposed amendment. She further advised, that in consultation with
the Secretary-Treasurer, staff would also like to propose an additional amendment to the
recommendation specifically regarding Condition 3. She requested that Condition 3 be amended
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
to reflect “That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan dated
November 17, 2014, to the satisfaction of the City’s Director of Planning and City Solicitor. Said
agreement will outline additional Conditions that will be required to be completed based on the
comments listed above.” She noted that the amendment will ensure that the applicant is not
subject to a one year time limit for the Conditions contained within the modified subdivision
agreement.
Mr. Pidgeon provided a brief summary of the subject applications, stating that he is in agreement
with the staff recommendation and the proposed amendments to Condition 3 as outlined by staff.
In response to questions regarding the proposed stormwater management facility and comments
provided by the Region indicating that they do support the stormwater management report
submitted in support of the applications to create the new parcels, Ms. von Westerholt advised
that generally development of this nature is done through a Plan of Subdivision. She noted that
there are still details regarding the development that need to be completed; however, staff are
confident that those details can be achieved through the proposed modified Subdivision
Agreement.
Mr. Pidgeon acknowledged that there were still details yet to be finalized regarding the proposed
stormwater management facility. He acknowledged that although there is greater flexibility for
change through the Plan of Subdivision process, the applicant is confident that the lots being
proposed on the Plan submitted with the application are final and will not change in size or shape.
Submission No. B 2015-008
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land identified as “Lot B” on the plan submitted with the application, having an
irregular shape which will eventually front on to West Oak Trail, having a width of 90.4m
(296.587’), an easterly depth of 144.2m (296.587’); and an area of 1.25 hectares, on Part Lot
153, German Company Tract, being Part 4 on Reference Plan 58R-8992, vacant land corner of
BE GRANTED
Huron Road and Fisher Hallman Road, Kitchener, Ontario, , subject to the
following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise
prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the
plan to be registered.
b. That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading
and drainage plan and stormwater management report submitted for site plan
approval for any and all severed and retained lands be in accordance with the final
approved stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed
necessary by the Region, all to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed
for the subject lands as it applies to any required road widening and daylight
triangles along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition
(RSC) to the Ministry of the Environment in accordance with Ontario Regulation
153/04, and forward two (2) original copies of the submitted RSC document and
Ministry of Environment acknowledgment to the Regional Commissioner of
Planning, Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for
West Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 37 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit
for any work required within the Fisher-Hallman Road right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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 January 20, 2017.
Carried
Submission No. B 2015-009
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land identified as “Lot C” on the plan submitted with the application having a
width on Fischer Hallman Road of 56.4m (185.03’), a depth of 148.4m (486.876’) and an area of
0.95 hectares, on Part Lot 153, German Company Tract, being Part 4 on Reference Plan 58R-
BE
8992, vacant land corner of Huron Road and Fisher Hallman Road, Kitchener, Ontario,
GRANTED
, subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 38 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise
prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the
plan to be registered.
b. That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading
and drainage plan and stormwater management report submitted for site plan
approval for any and all severed and retained lands be in accordance with the final
approved stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 39 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed
necessary by the Region, all to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed
for the subject lands as it applies to any required road widening and daylight
triangles along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition
(RSC) to the Ministry of the Environment in accordance with Ontario Regulation
153/04, and forward two (2) original copies of the submitted RSC document and
Ministry of Environment acknowledgment to the Regional Commissioner of
Planning, Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for
West Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 40 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit
for any work required within the Fisher-Hallman Road right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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 January 20, 2017.
Carried
Submission No. B 2015-010
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land identified as “Lot D” on the plan submitted with the application having a
width on Fischer Hallman Road of 115.5m (378.937’), a depth on Huron Road of 148.8m
(488.189’) and an area of 2.4 hectares, on Part Lot 153, German Company Tract, being Part 4 on
Reference Plan 58R-8992, vacant land corner of Huron Road and Fisher Hallman Road,
BE GRANTED
Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 41 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise
prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the
plan to be registered.
b. That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and Legislative
Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading and
drainage plan and stormwater management report submitted for site plan approval
for any and all severed and retained lands be in accordance with the final approved
stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 42 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed necessary
by the Region, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed for
the subject lands as it applies to any required road widening and daylight triangles
along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition (RSC)
to the Ministry of the Environment in accordance with Ontario Regulation 153/04,
and forward two (2) original copies of the submitted RSC document and Ministry of
Environment acknowledgment to the Regional Commissioner of Planning,
Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for West
Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional Commissioner
of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 43 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit for
any work required within the Fisher-Hallman Road right-of-way, to the satisfaction of
the Regional Commissioner of Planning, Development and Legislative Services.
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 January 20, 2017.
Carried
Submission No. B 2015-011
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land identified as “Lot E” on the plan submitted with the application to be
conveyed as a lot addition to the abutting property which fronts onto Postmaster Drive, having a
southerly dimension of 17.8m (58.398’); an easterly dimension of 51.5m (168.963’) and an area
of 0.07 hectares, on Part Lot 153, German Company Tract, being Part 4 on Reference Plan 58R-
BE
8992, vacant land corner of Huron Road and Fisher Hallman Road, Kitchener, Ontario,
GRANTED
, subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 44 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise
prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the
plan to be registered.
b. That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading
and drainage plan and stormwater management report submitted for site plan
approval for any and all severed and retained lands be in accordance with the final
approved stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 45 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed
necessary by the Region, all to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed
for the subject lands as it applies to any required road widening and daylight
triangles along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition
(RSC) to the Ministry of the Environment in accordance with Ontario Regulation
153/04, and forward two (2) original copies of the submitted RSC document and
Ministry of Environment acknowledgment to the Regional Commissioner of
Planning, Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for
West Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 46 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit
for any work required within the Fisher-Hallman Road right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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 January 20, 2017.
Carried
Submission No. B 2015-012
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land identified as “Lot F” on the plan submitted with the application having a
width on Fischer Hallman Road of 78.3m (168.963’); a northerly depth of 153.3m (502.952’) and
an area of 1.25 hectares, on Part Lot 153, German Company Tract, being Part 4 on Reference
Plan 58R-8992, vacant land corner of Huron Road and Fisher Hallman Road, Kitchener, Ontario,
BE GRANTED
, subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 47 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise
prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the
plan to be registered.
b. That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading
and drainage plan and stormwater management report submitted for site plan
approval for any and all severed and retained lands be in accordance with the final
approved stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 48 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed
necessary by the Region, all to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed
for the subject lands as it applies to any required road widening and daylight
triangles along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition
(RSC) to the Ministry of the Environment in accordance with Ontario Regulation
153/04, and forward two (2) original copies of the submitted RSC document and
Ministry of Environment acknowledgment to the Regional Commissioner of
Planning, Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for
West Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 49 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit
for any work required within the Fisher-Hallman Road right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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 January 20, 2017.
Carried
Submission No. B 2015-013
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land having an irregular shape, identified as “Lot G” on the plan submitted with
the application, having a width on Fischer Hallman Road of 27.6m (90.55’); an approximate
length of 253m (830.052’); and an area of 0.66 hectares, on Part Lot 153, German Company
Tract, being Part 4 on Reference Plan 58R-8992, vacant land corner of Huron Road and Fisher
BE GRANTED
Hallman Road, Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 50 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise
prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the
plan to be registered.
b. That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading
and drainage plan and stormwater management report submitted for site plan
approval for any and all severed and retained lands be in accordance with the final
approved stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 51 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed
necessary by the Region, all to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed
for the subject lands as it applies to any required road widening and daylight
triangles along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition
(RSC) to the Ministry of the Environment in accordance with Ontario Regulation
153/04, and forward two (2) original copies of the submitted RSC document and
Ministry of Environment acknowledgment to the Regional Commissioner of
Planning, Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for
West Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 52 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit
for any work required within the Fisher-Hallman Road right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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 January 20, 2017.
Carried
Submission No. B 2015-014
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land identified as “Lot H” on the plan submitted with the application having width
of 11.3m (37.073’); a length of 21.5m (70.538’) and an area of 0.025 hectares, on Part Lot 153,
German Company Tract, being Part 4 on Reference Plan 58R-8992, vacant land corner of Huron
BE GRANTED
Road and Fisher Hallman Road, Kitchener, Ontario, , subject to the following
conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 53 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise
prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the
plan to be registered.
That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading
and drainage plan and stormwater management report submitted for site plan
approval for any and all severed and retained lands be in accordance with the final
approved stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 54 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed
necessary by the Region, all to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed
for the subject lands as it applies to any required road widening and daylight
triangles along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition
(RSC) to the Ministry of the Environment in accordance with Ontario Regulation
153/04, and forward two (2) original copies of the submitted RSC document and
Ministry of Environment acknowledgment to the Regional Commissioner of
Planning, Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for
West Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 55 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit
for any work required within the Fisher-Hallman Road right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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 January 20, 2017.
Carried
Submission No. B 2015-015
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land having an irregular shape at the intersection of Fischer Hallman Road and
Huron Road identified as “Lot I” on the plan submitted with the application having an area of 0.05
hectares, on Part Lot 153, German Company Tract, being Part 4 on Reference Plan 58R-8992,
BE GRANTED
vacant land corner of Huron Road and Fisher Hallman Road, Kitchener, Ontario, ,
subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 56 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs first.
Where the owner has already entered into an agreement for the installation of
underground servicing with the area municipality, such agreement shall be
amended to provide for a Regional Agreement for Servicing prior to
registration of any part of the plan. The Regional Commissioner of
Transportation and Environmental Services shall advise prior to an
Agreement for Servicing that sufficient water supplies and wastewater
treatment capacity is available for this plan, or the portion of the plan to be
registered.
b. That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading
and drainage plan and stormwater management report submitted for site plan
approval for any and all severed and retained lands be in accordance with the final
approved stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 57 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed
necessary by the Region, all to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed
for the subject lands as it applies to any required road widening and daylight
triangles along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition
(RSC) to the Ministry of the Environment in accordance with Ontario Regulation
153/04, and forward two (2) original copies of the submitted RSC document and
Ministry of Environment acknowledgment to the Regional Commissioner of
Planning, Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for
West Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 58 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit
for any work required within the Fisher-Hallman Road right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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 January 20, 2017.
Carried
Submission No. B 2015-016
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land adjacent to Fischer Hallman Road identified as “Lot J” on the plan
submitted with the application having an area of 0.1 hectares, on Part Lot 153, German Company
Tract, being Part 4 on Reference Plan 58R-8992, vacant land corner of Huron Road and Fisher
BE GRANTED
Hallman Road, Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 59 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise
prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the
plan to be registered.
b. That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading
and drainage plan and stormwater management report submitted for site plan
approval for any and all severed and retained lands be in accordance with the final
approved stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 60 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed
necessary by the Region, all to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed
for the subject lands as it applies to any required road widening and daylight
triangles along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition
(RSC) to the Ministry of the Environment in accordance with Ontario Regulation
153/04, and forward two (2) original copies of the submitted RSC document and
Ministry of Environment acknowledgment to the Regional Commissioner of
Planning, Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for
West Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 61 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit
for any work required within the Fisher-Hallman Road right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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 January 20, 2017.
Carried
Submission No. B 2015-017
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land identified as “Lot K” on the plan submitted with the application having a
width on Huron Road of 76.1m (249.671’); an easterly depth of 46.9m (153.87’) and an area of
0.33 hectares, on Part Lot 153, German Company Tract, being Part 4 on Reference Plan 58R-
BE
8992, vacant land corner of Huron Road and Fisher Hallman Road, Kitchener, Ontario,
GRANTED
, subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 62 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise
prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the
plan to be registered.
b. That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading
and drainage plan and stormwater management report submitted for site plan
approval for any and all severed and retained lands be in accordance with the final
approved stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 63 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed
necessary by the Region, all to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed
for the subject lands as it applies to any required road widening and daylight
triangles along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition
(RSC) to the Ministry of the Environment in accordance with Ontario Regulation
153/04, and forward two (2) original copies of the submitted RSC document and
Ministry of Environment acknowledgment to the Regional Commissioner of
Planning, Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for
West Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 64 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit
for any work required within the Fisher-Hallman Road right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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 January 20, 2017.
Carried
Submission No. B 2015-018
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land identified as “Lot L” on the plan submitted with the application having a
width on Huron Road of approximately 11.3m (37.07’); a depth of approximately 46.9m (153.87’)
and an area of 0.07 hectares, on Part Lot 153, German Company Tract, being Part 4 on
Reference Plan 58R-8992, vacant land corner of Huron Road and Fisher Hallman Road,
BE GRANTED
Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 65 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise
prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the
plan to be registered.
b. That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement of
lease or purchase and sale are not yet registered as a plan of subdivision.
The fulfilment of all conditions of draft plan approval, including the
commitment of water supply and sewage treatment services thereto by the
Region and other authorities, has not yet been completed to permit
registration of the plan. Accordingly, the purchaser should be aware that the
vendor is making no representation or warranty that the lot, lots, block or
blocks which are the subject of this agreement or lease or purchase and
sale will have all conditions of draft plan approval satisfied, including the
availability of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading
and drainage plan and stormwater management report submitted for site plan
approval for any and all severed and retained lands be in accordance with the final
approved stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 66 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed
necessary by the Region, all to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed
for the subject lands as it applies to any required road widening and daylight
triangles along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition
(RSC) to the Ministry of the Environment in accordance with Ontario Regulation
153/04, and forward two (2) original copies of the submitted RSC document and
Ministry of Environment acknowledgment to the Regional Commissioner of
Planning, Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for
West Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 67 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit
for any work required within the Fisher-Hallman Road right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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 January 20, 2017.
Carried
Submission No. B 2015-019
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land identified as “Lot M” on the plan submitted with the application having a
width along Huron Road of 76.1m (249.67’) and an area of 0.02 hectares, on Part Lot 153,
German Company Tract, being Part 4 on Reference Plan 58R-8992, vacant land corner of Huron
BE GRANTED
Road and Fisher Hallman Road, Kitchener, Ontario, , subject to the following
conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 68 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise
prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the
plan to be registered.
b. That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading
and drainage plan and stormwater management report submitted for site plan
approval for any and all severed and retained lands be in accordance with the final
approved stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 69 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed
necessary by the Region, all to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed
for the subject lands as it applies to any required road widening and daylight
triangles along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition
(RSC) to the Ministry of the Environment in accordance with Ontario Regulation
153/04, and forward two (2) original copies of the submitted RSC document and
Ministry of Environment acknowledgment to the Regional Commissioner of
Planning, Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for
West Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 70 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit
for any work required within the Fisher-Hallman Road right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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 January 20, 2017.
Carried
Submission No. B 2015-020
Moved by Mr. B. McColl
Seconded by Mr. A. Head
That the application of 1271395 Ontario Inc. and 2387316 Ontario Inc. requesting permission to
sever a parcel of land identified as “Lot N” on the plan submitted with the application to be
conveyed as a lot addition with the abutting property fronting on to Postmaster Drive, having a
northerly dimension of 22.1m (72.506’); a easterly dimension of 38m (124.67’) and an area of
0.08 hectares, on Part Lot 153, German Company Tract, being Part 4 on Reference Plan 58R-
BE
8992, vacant land corner of Huron Road and Fisher Hallman Road, Kitchener, Ontario,
GRANTED
, subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall enter into a modified City Standard Residential Subdivision
Agreement for the severed and retained lands, as shown on the proposed Severance Plan
dated November 17, 2014, to the satisfaction of the City’s Director of Planning and City
Solicitor.
Said agreement will outline additional conditions that will be required to be completed
based on the comments listed above.
4. That prior to final approval, the City’s Director of Planning is advised from the Region of
Waterloo that the following conditions have been fulfilled, or included within the modified
City Standard Residential Subdivision Agreement or Regional Development Agreement:
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 71 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
1. a. That the owner shall enter into an Agreement for Servicing with the Regional
Municipality of Waterloo to preserve access to municipal water supply and
municipal wastewater treatment services prior to final approval or any
agreement for the installation of underground services, whichever occurs
first. Where the owner has already entered into an agreement for the
installation of underground servicing with the area municipality, such
agreement shall be amended to provide for a Regional Agreement for
Servicing prior to registration of any part of the plan. The Regional
Commissioner of Transportation and Environmental Services shall advise
prior to an Agreement for Servicing that sufficient water supplies and
wastewater treatment capacity is available for this plan, or the portion of the
plan to be registered.
b. That the owner shall include the following statement in all agreements of
lease or purchase and sale that may be entered into pursuant to Section 52
of the Planning Act, prior to the registration of this plan:
"The lot, lots, block or blocks which are the subject of this agreement
of lease or purchase and sale are not yet registered as a plan of
subdivision. The fulfilment of all conditions of draft plan approval,
including the commitment of water supply and sewage treatment
services thereto by the Region and other authorities, has not yet been
completed to permit registration of the plan. Accordingly, the
purchaser should be aware that the vendor is making no
representation or warranty that the lot, lots, block or blocks which are
the subject of this agreement or lease or purchase and sale will have
all conditions of draft plan approval satisfied, including the availability
of servicing, until the plan is registered."
2. That prior to final approval, the owner shall submit for review and approval a final
stormwater management (SWM) report, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services. The final report
must address, but not limited to, the Region’s comments above related to
stormwater management.
3. That prior to final approval, the owner shall submit for review and approval a during
and post construction groundwater monitoring report for the subject lands; and
furthermore, shall enter into an agreement with the Regional Municipality of
Waterloo to secure on-going implementation of the approved monitoring plan, all to
the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
4. That prior to final approval, the owner shall submit for review and approval a final
grading and drainage control plan and servicing plan for the subject lands, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
5. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to indicate that any future site specific grading
and drainage plan and stormwater management report submitted for site plan
approval for any and all severed and retained lands be in accordance with the final
approved stormwater management plan in Condition 2 above.
6. That prior to final approval, any existing private wells and septic systems be
decommissioned in accordance with applicable laws and regulations; and
furthermore, that the owner shall enter into an agreement with the Regional
Municipality of Waterloo to indicate any monitoring wells no longer used for
monitoring purposes will be decommissioned in accordance with applicable laws
and regulations, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 72 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
7. That prior to final approval the owner shall enter into an Agreement with the
Regional Municipality of Waterloo to complete and submit for review by the Region,
a Salt Management Plan(s) prior to site plan approval. Furthermore, that the
agreement provide for implementation of such plan(s) through appropriate
agreements with the Region and/or condominium declaration as deemed
necessary by the Region, all to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
8. That the owner shall enter into an agreement with the Regional Municipality of
Waterloo to distribute source water protection and winter salt management
information with all Agreements of Purchase and Sale, and/or Rental Agreements
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
9. That prior to final approval, Stantec Consulting provide the Regional Municipality of
Waterloo with a Reliance Letter, acceptable to the Regional Commissioner of
Planning, Development and Legislative Services, in support of the Phase 1
Environmental Site Assessment report (Stantec, November 20, 2014) completed
for the subject lands as it applies to any required road widening and daylight
triangles along Fischer-Hallman Road.
10. That prior to final approval, the owner shall submit a Record of Site Condition
(RSC) to the Ministry of the Environment in accordance with Ontario Regulation
153/04, and forward two (2) original copies of the submitted RSC document and
Ministry of Environment acknowledgment to the Regional Commissioner of
Planning, Development and Legislative Services.
11. That prior to final approval, the owner shall dedicate at no cost and free of
encumbrances to the Region, a “worst case” road widening along Fischer-Hallman
Road adjacent to this property; and two (2) 7.62 metre daylight triangles at the
intersection of West Oak Trail (proposed municipal street) and Fischer-Hallman
Road, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
12. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Road Access Permit for
West Oak Trail at Fischer-Hallman Road, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
13. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to prepare a noise study to indicate to the
Regional Municipality of Waterloo methods to be used to abate road traffic and
stationary noise levels on the subject lands prior to site plan approval, and if
necessary, shall enter into an agreement with the City of Kitchener or the Regional
Municipality of Waterloo to provide for implementation of the accepted noise study
attenuation measures. Furthermore, the stationary noise study shall assess any
impact of stationary noise on-site and off-site on sensitive uses both on-site and off-
site.
14. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide the necessary financial resources for
the installation of an iXpress transit shelter pad ($5,625) and transit landing pad
($2,025) to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
15. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to provide an easement, if necessary, for an
iXpress transit shelter and for shelter maintenance purposes. Such easement shall
be 7.0 metres x 2.3 metres with a 0.5 metre buffer around such transit shelter. All
to the satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 73 -
Submission No.:
8.B 2015-008 to B 2015-020 (Cont’d)
16. That prior to final approval, the owner shall enter into an agreement with the
Regional Municipality of Waterloo to obtain a Regional Consent and Work Permit
for any work required within the Fisher-Hallman Road right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and
Legislative Services.
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 January 20, 2017.
Carried
COMBINED APPLICATIONS:
Submission Nos.:
1. B 2015-021, B 2015-022 and A 2015-003
Applicant:
The Carlau Group Ltd.
Property Location:
352 Maple Avenue
Legal Description:
Part Lot 117, Registered Plan 666, Part Lot F, Registered Plan 40
and Part Lots 2 & 9, Municipal Compiled Plan of the Subdivision of
Lot 59, German Company Tract
Appearances:
In Support: P. Finnigan
P. Haramis
D. Cornwell
Contra: None
Written Submissions: None
The Committee was advised that the applicant is requesting permission to sever a parcel of land
having a width on Arnold Street of 100.85 (330.872’) a depth of 143.657m (471.315’) and an area
of 1.1063 hectares. The retained land will have a width on Arnold Street of 105m (344.488’) a
southerly depth of 143.657m (471.315’) and an area of 1.4362 hectares. Permission also being
requested to grant blanket easements over both the severed an retained land for the purpose of
surface drainage, underground storm drainage and other services that may cross the parcel limits
including sanitary, bell, hydro, cable, gas and any other utility. The severed parcel will also
require a minor variance to recognize a front yard setback of 5.25m (17.224’) rather than the
required 6.0m (19.685’).
The Committee considered the report of the Planning Division, dated January 5, 2015, advising
that a request has been received to sever the property municipally addressed as 352 Maple
Avenue. The subject lands are developed with an industrial building originally built around 1950
as a meat packing plant, and has been more recently used for warehousing, storage of lumber
and woodworking, and a plumbing business. The lands to be severed will have 100.9 metres of
frontage onto Arnold Street with an area of 1.1 hectares. The retained parcel will be a corner lot
and will have frontages of 105 metres and 153.5 metres onto Arnold Street and Maple Avenue,
respectively, with a lot area of 1.5 hectares. Each parcel of land will contain a separate building
and separate parking areas with details of those to be sorted out through a Site Plan application.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 74 -
Submission No.:
1.B 2015-021, B 2015-022 and A 2015-003 (Cont’d)
A demolition permit will also be required to remove a covered corridor that links the two buildings.
In addition to the creation of a lot, the owner has also applied for consent to create a “blanket”
easement over both parcels for shared existing surface and underground servicing and
maintenance and access of said services between the two parcels of land.
Both the severed and retained lands are designated General Industrial in the North Ward
Secondary Plan with a Special Policy to allow the processing of meat and poultry products. The
use of the lands for industrial-related purposes is consistent with the Secondary Plan designation.
The lands are zoned General Industrial (M-2), with Special Use Provision 149U to allow the
processing of meat and poultry products. Both the severed and retained lands comply with the
requirements of the M-2 zoning and parking, except for a variance to legalize an existing front
yard setback on the retained lands.
Consent Considerations:
Staff has no concern with the consent to create a new lot. With respect to the criteria for the
subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of
both the severed and retained parcels are in conformity with the City’s Official Plan and comply
with the City’s Zoning By-law, the dimensions and shapes of the proposed lots are appropriate
and suitable for industrial uses, the lands front onto established public streets where municipal
services are available and can be serviced with independent and adequate service connections
to municipal services. Moreover, the surrounding industrial lotting fabric varies in both shapes and
sizes and as a result, the severed and retained lots are in keeping with that pattern.
Staff has no concern with the consent to create a “blanket” easement. Normally, it is staff’s
preference to have defined easements but given the current existing site servicing circumstances,
it is reasonable and appropriate to allow for a blanket type easement. Staff is therefore satisfied
that the creation of a blanket easement is the most appropriate method rather than attempting to
identify all potential cross easements and encroachments on a reference plan.
The proposed consent conforms to the Official Plan, does not conflict with the Provincial Policy
Statement issued under Subsection 3 (1) of the Planning Act, and conforms to the Growth Plan
for the Greater Golden Horseshoe
Minor Variance Considerations:
To implement the consent, a minor variance is required to legalize a front yard building setback of
5.25 metres on the retained lands whereas the Zoning By-law requires 6 metres. Staff has no
objection to this request as it recognizes an existing situation. Staff is therefore of the opinion that
that A2015-003 meets the general intent of the Official Plan and Zoning By-law and is considered
minor and appropriate for the use of the land.
The Committee considered the report of the Region of Waterloo, Principal Planner, dated
January 8, 2015, advising that they have no objections to Application Nos. B 2015-021 & B 2015-
022.
The Committee considered the report of the Region of Waterloo, Transportation Planner, dated
December 23, 2014, advising that they have no concerns with Application No. A 2015-003.
The Committee considered the report of the Kitchener-Wilmot Hydro Inc., dated January 9, 2015,
advising that approval of these applications be subject to the following conditions:
1. That the applicant make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for
the provision of electrical servicing to the lands to be severed before the severances are
granted.
2. That the applicant make arrangements for the granting of any easements required by
Kitchener-Wilmot Hydro Inc. before the severances are granted.
3. Driveways will be located so as to provide a minimum of 1.0m clearance to all poles,
anchors and street light standards.
Mr. P. Finnigan advised that he is in attendance in support of the subject applications. He
expressed concerns with Condition 9 of the staff recommendation pertaining to Consent
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
- 75 -
Submission No.:
1.B 2015-021, B 2015-022 and A 2015-003 (Cont’d)
Application B 2015-021 regarding a cash-in-lieu contribution for parkland dedication. He
indicated that he is not proposing to add further development to the property and questioned
whether parkland dedication was already paid when the subject property was initially developed.
The Chair advised that the Condition pertaining to parkland dedication is a standard condition for
a Consent application. He suggested a potential amendment to Condition 9 to include “if not paid
prior” to allow for the applicant to consult with Parks Operations to determine whether parkland
dedication was previously paid on the property and whether the Condition is ultimately required.
Questions were raised regarding Condition 6 of the recommendation for Consent Application B
2015-021 pertaining to the owner obtaining Site Plan approval for both the severed and retained
lands and whether that could be completed within a one year time frame. Ms. J. von Westerholt
advised that she has spoken with the Manager of Site Development & Customer Service and it
was her understanding that it would be a modified Site Plan and is not intended to be as onerous
as a full Site Plan approval. She indicated that from the Plan provided with the application, it
appears that there are currently parking spaces that straddle both properties and the Site Plan
approval process would address those matters.
Mr. Finnigan questioned whether Condition 6 of the recommendation pertaining to Application B
2015-021 could be amended to state that it would be a modified site plan approval process. Ms.
von Westerholt advised that she would not support amending the Condition as it is to the
discretion of the Manager of Site Development & Customer Service to clear. She noted that staff
are satisfied with the applicants ability to complete the process within the one year time allotment.
Submission No. B 2015-021
Moved by Mr. A. Head
Seconded by Mr. B. McColl
That the application of The Carlau Group Ltd. requesting permission to sever a parcel of land
having a width on Arnold Street of 100.85 (330.872’) a depth of 143.657m (471.315’) and an area
of 1.1063 hectares, on Part Lot 117, Registered Plan 666, Part Lot F, Registered Plan 40 and
Part Lots 2 & 9, Municipal Compiled Plan of the Subdivision of Lot 59, German Company Tract,
BE GRANTED
352 Maple Avenue, Kitchener, Ontario, , subject to the following conditions:
1. That the owner shall make satisfactory arrangements 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 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 two full
sized paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping
Technologist.
3. That the owner shall receive final approval of Minor Variance Application A 2015-003.
4. That the owner shall receive final approval of Consent Application B 2015-022.
5. That the owner shall submit a Spatial Separation Analysis to the satisfaction of the Chief
Building Official.
6. That the owner shall obtain a demolition permit for removal of the covered corridor to the
satisfaction of the Chief Building Official.
7. That the owner shall obtain site plan approval for both the severed and retained lands to
the satisfaction of the Manager of Site Development & Customer Service.
8. That the owner shall submit a servicing plan showing outlets to municipal servicing to the
satisfaction of the Director of Engineering Services.
9. That the owner shall pay a cash-in-lieu contribution for parkland dedication for commercial
/ industrial property, if not paid for prior, in accordance with Council Policy I-1074, to the
satisfaction of the Director of Operations.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
1.B 2015-021, B 2015-022 and A 2015-003 (Cont’d)
10. That the owner shall make financial arrangements for the installation of any new service
connections to the satisfaction of the Director of Engineering Services,.
11. That the owner shall prepare and receive approval of the Development and
Reconstruction As-Recorded Tracking Form, along with a digital submission of all
AutoCad drawings required for the site with the corresponding correct layer names and
numbering system to the satisfaction of the Director of Engineering Services, as per the
Public Sector Accounting Board (PSAB) S. 3150.
12. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for
the provision of electrical servicing to the lands to be severed prior to the severance being
granted.
13. That the owner shall make arrangements for granting any easements required by
Kitchener-Wilmot Hydro Inc. before the severance is granted.
14. That the owner shall ensure that all driveways will be located so as to provide a minimum
of 1.0m clearance to all poles, anchors and street light standards.
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 January 20, 2017.
Carried
Submission No. B 2015-022
Moved by Mr. A. Head
Seconded by Mr. B. McColl
That the application of The Carlau Group Ltd. requesting permission to grant blanket easements
for the purpose of surface drainage, underground storm drainage and other services that may
cross the parcel limits including sanitary, bell, hydro, cable, gas and any other utility, on Part Lot
117, Registered Plan 666, Part Lot F, Registered Plan 40 and Part Lots 2 & 9, Municipal
Compiled Plan of the Subdivision of Lot 59, German Company Tract, 352 Maple Avenue,
BE GRANTED
Kitchener, Ontario, , subject to the following conditions:
1. That the owners of the retained and severed lands shall enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the said
easement is maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement.
2. That a satisfactory Solicitor’s Undertaking to register the approved Transfer
Easement and immediately thereafter, the approved joint maintenance agreement,
shall be provided to the City Solicitor.
3. The City Solicitor shall be provided with copies of the registered Transfer Easement
and joint maintenance agreement immediately following registration.
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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Submission No.:
1.B 2015-021, B 2015-022 and A 2015-003 (Cont’d)
4. That a satisfactory Solicitor’s Undertaking agreeing to register the easement over
both the retained and severed lands as required shall be provided to the City
Solicitor.
5. That the owner shall receive final approval of Consent application B 2015-021.
6. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro
Inc. for the provision of electrical servicing to the lands to be severed prior to the
severance being granted.
7. That the owner shall make arrangements for granting any easements required by
Kitchener-Wilmot Hydro Inc. before the severance is granted.
8. That the owner shall ensure that all driveways will be located so as to provide a
minimum of 1.0m clearance to all poles, anchors and street light standards.
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 January 20, 2017.
Carried
Submission No. A 2015-003
Moved by Mr. A. Head
Seconded by Mr. B. McColl
That the application of The Carlau Group Ltd. requesting permission to recognize a front yard
setback of 5.25m (17.224’) rather than the required 6.0m (19.685’), on Part Lot 117, Registered
Plan 666, Part Lot F, Registered Plan 40 and Part Lots 2 & 9, Municipal Compiled Plan of the
BE
Subdivision of Lot 59, German Company Tract, 352 Maple Avenue, Kitchener, Ontario,
APPROVED
, subject to the following condition:
1. That the owner shall receive final approval of Consent Application B 2015-021.
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
COMMITTEE OF ADJUSTMENT JANUARY 20, 2015
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ADJOURNMENT
On motion, the meeting adjourned at 10:51 a.m.
Dated at the City of Kitchener this 20th day of January, 2015.
Dianna Saunderson
Secretary-Treasurer
Committee of Adjustment