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HomeMy WebLinkAbout2015-02-17 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD FEBRUARY 17, 2015 MEMBERS PRESENT: Mr. A. Head, Ms. J. Meader and Ms. P. Kohli. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic Technologist; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk, City of Kitchener. Mr. R. Parent, Community Planner; Mr. J. Wigglesworth, Transportation Planning Technician; and, Ms. C. Crozier, Principal Planner, Region of Waterloo. Mr. A. Head, Vice-Chair, called this meeting to order at 9:49 a.m. MINUTES Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the minutes of the regular meeting of the Committee of Adjustment held January 20, 2015, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS CONSENT Submission Nos.: 1. 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. 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 27, 2015, advising that Consent application B 2015-004 was previously considered by the Committee of Adjustment at the Committee meeting on January 20, 2015. At that time, the application was deferred to allow time for the owner to consult with City Engineering staff regarding a Condition previously imposed for the extension of the storm sewer located on Fourth Avenue. Since that time, the Condition has been removed from the list of Conditions required prior to final approval, as staff has determined it is no longer required as the infrastructure for the storm sewer currently exists. 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. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 80 - Submission No.: 1.B 2014-004 (Cont’d) 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 proposed 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. 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”. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 81 - Submission No.: 1.B 2014-004 (Cont’d) Mr. B. O’Neill was in attendance and advised that he has reviewed staffs report and that he was in support of the revised recommendation. Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of Sunvest Homes Corp. 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), on Lot 78 and Part Lot 77, Plan 254, 46 Fourth 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 owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication in the amount of $6,900.00 equal to 5% of the value of the lands to be severed. 4. The owner shall make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections and the installation of new ones that may be required to service this property. 5. That the owner shall submit a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets will be required to the satisfaction of the Director of Engineering Services. 6. As per the Public Sector Accounting Board (PSAB) S. 3150 the Development and Reconstruction As-Recorded Tracking Form is required to be filled out and submitted along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 7. 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 have to install the appropriate infrastructure at the owner’s expense 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. 8. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of both retained and severed lands which shall include the following: a) That the owner shall prepare a Tree Preservation Plan for the retained and severed lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 82 - Submission No.: 1.B 2014-004 (Cont’d) 9. That the owner shall prepare a Transportation Noise Study, for both the severed and retained lots, to the satisfaction of the Region of Waterloo, 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 subdivider shall enter into a registered development agreement with the City of Kitchener; OR, The owner 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”. 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 February 17, 2017. Carried This meeting recessed at 9:51 a.m. and reconvened at 10:04 a.m. with the following members present: Mr. A. Head, Ms. J. Meader and Ms. P. Kholi. NEW BUSINESS MINOR VARIANCE Submission No.: 1. A 2015-004 Applicants: 1743108 Ontario Limited/Westheights Medical Corp. Property Location: 131 Strange Street Legal Description: Part Lot 493, Plan 375, being Part 3 on Reference Plan 58R-2358 Appearances: In Support: S. Patterson Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to add “Artisan Establishment and Studio” as a permitted use under Regulation 380U of the Zoning By-law in an existing low rise residential building which is currently Zoned R-6, whereas Regulation 380U does not currently permit the “Artisan Establishment or Studio” uses. The Committee considered the report of the Planning Division, dated February 3, 2015, advising that the subject property is municipally addressed as 131 Strange Street, zoned Residential Six (R-6) in the Zoning By-law, and designated Low Rise Residential in the Official Plan. The site contains a vacant single-storey concrete brick building, previously occupied by Kitchener Textiles. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 83 - Submission No.: 1.A 2015-004 (Cont’d) The applicant is proposing to include “Artisan’s Establishment and Studio” as a permitted use to Special Use Provision 380U subject to the regulations in Section 44.3.6, notwithstanding the minimum southerly side yard, which shall be 1.0 metres. Planning Staff conducted a site visit on January 28th, 2015 and were unable to enter the property to complete an assessment on the suitability of the rear yard for parking, but inspected the property from the abutting railway corridor. 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 variance to include non-residential uses to a Low Rise Residential property meets the intent of the Official Plan. Section 3.1.2.1 of the Official Plan states, “Low Rise Residential Districts shall accommodate a full range of housing types. In these districts the City favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The predominant land use in the Low Rise Residential District is residential, but it is intended to accommodate, encourage and mix non-residential uses in residential areas at a scale and in locations appropriate to an area of low rise housing”. The area surrounding the subject property is predominately residential, but also contains a wide variety of uses, with the Airboss manufacturing plant to the north and residential, non-residential, and institutional uses to the south. Staff is therefore of the opinion that the scale and location of the proposed “Artisan’s Establishment and Studio” will conform to the surrounding neighbourhood and the policies within the Official Plan. The proposed variance meets the intent of the Zoning By-law. Section 380U of the Zoning By-law already permits a Health Clinic on the property, subject to the regulations set out in 44.3.6 of the Zoning By-law, and staff is of the opinion that the proposed “Artisan’s Establishment and Studio” use is less intensive and better suited to the surrounding context. The permitted use of a residentially-zoned property for non-residential uses is an extension of the policies within 3.1.2.3 of the Official Plan, which states: “Uses such as convenience commercial, artisans’ establishments, day care facilities, health offices, health clinics, educational establishments (excluding secondary schools), religious institutions, small and large residential care facilities, restaurants in plazas, social service establishments, studios, veterinary services, service stations and car washes may be permitted where they are considered to be compatible with Low Rise Residential development and subject to any specific locational criteria”. The variance is considered minor. Staff is of the opinion that the requested variance will allow the re-establishment of a use on an abandoned property, and will not negatively affect adjacent properties or the surrounding neighbourhood. . The proposed variance is appropriate for use of the land as the property already contains the existing single-storey concrete brick building, which operated as a retail facility prior to its closure. The property’s proximity to the railway would also preclude the use of the land for residential purposes, and as such, a non-residential use would be better suited. The scale, massing, and height of the building is appropriate and consistent with the character of the existing neighbourhood. The proposed variance will not impact the existing character of the subject property or surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 28, 2015, advising that they have no concerns with this application. Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of 1743108 Ontario Limited/Westheights Medical Corp. requesting permission to include “Artisan Establishment and Studio” as a permitted use subject to the regulations in Section 44.3.6, notwithstanding the minimum southerly side yard, which shall be 1m (3.28’), on Part Lot 493, Plan 375, being Part 3 on Reference Plan 58R-2358, 131 Strange BE APPROVED Street, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division by February 17th, 2016. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 84 - Submission No.: 1.A 2015-004 (Cont’d) 2. That the owner shall obtain Site Plan Approval prior to issuance of building permit for a change of use by February 17th, 2016. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission No.: 2. A 2015-005 Applicant: Activa Holdings Inc. Property Location: 100 South Creek Drive Legal Description: Lot 125, Registered Plan 58M-541 Ms. J. Meader declared a pecuniary interest with this application, as her firm has acted for the applicant on other matters and did not participate in any discussion or voting with respect to this application. Appearances: In Support: R. Dalling Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a single detached dwelling having a side yard setback abutting Moorlands Crescent of 3.0m (9.842’) rather than the required 4.5m (14.763’). The Committee considered the report of the Planning Division, dated February 2, 2015, advising that the subject property is located at the intersection of South Creek Drive and Moorlands Crescent and the property currently contains no structures. The applicant is proposing to construct one single detached dwelling with frontage on both South Creek Drive and Moorlands Crescent. The subject property is designated Low-Rise Residential in the City’s Official Plan and is zoned Residential Four (R-4) Zone, with special provision 405R in the City’s Zoning By-law. The applicant is requesting a relief from section 38.2.1 of the By-law to reduce the side yard setback abutting a street from 4.5 metres (14.76 feet) to 3.0 metres (9.84 feet). 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 minor variance to reduce the exterior side yard setback meets the intent of the Official Plan. The subject property is designated Low-Rise Residential which allows for low- intensity, residential land uses, such as single detached dwellings. The proposed variance will have no effect on the overall intensity of the property. The requested variance to reduce the exterior side yard setback meets the intent of the Zoning By-law. The intent of the 4.5 metre (14.76 feet) side yard abutting a street setback is to allow for ample separation space between the abutting street and any buildings located on the property. The reduced side yard setback of 3.0 metres (9.84 feet) continues to provide a sufficient separation distance between any buildings and the street line, therefore making the variance appropriate. It should be noted that the variance only applies to the rear corner and therefore does not create a visibility conflict. The proposed variance is not anticipated to have any impact on adjacent residential properties. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 85 - Submission No.: 1.A 2015-005 (Cont’d) The proposed reduction to the side yard abutting a street setback is minor. An appropriate distance between the street and residential use of the property will be maintained with a 3.0 metre setback. The reduction to the setback will have little impact on any surrounding properties. The variance is appropriate for the development and use of this land. The requested variance should not impact any of the surrounding residential uses. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 28, 2015, advising that they have no concerns with this application. Mr. R. Dowling addressed the Committee in support of the subject application, noting he was in agreement with the staff recommendation. Moved by Ms. P. Kohli Seconded by Mr. A. Head That the application of Activa Holdings Inc. requesting permission to construct a single detached dwelling having a side yard setback abutting Moorlands Crescent of 3.0m (9.842’) rather than the required 4.5m (14.763’), on Lot 125, Registered Plan 58M-541, 100 South Creek Drive, BE APPROVED Kitchener, Ontario, , subject to the following condition: 1. That the owner shall obtain a building permit from the City of Kitchener’s Building Division prior to the construction of the proposed single detached dwelling. 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 2015-023 Applicant: Nathan and Rebecca Hallman Property Location: 53 & 55 Kinzie Avenue Legal Description: Part Lots 162 & 163, Registered Plan 308, being Part 1 on Reference Plan 58R-18181 Appearances: In Support: N. Hallman 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 Kinzie Avenue, with the severed lands having a lot width of 9.64m (31.627’), a depth of 24.384m (80’) and an area of 235.067 sq.m. (2530.24 sq.ft.); and, the retained lands having a lot width of 9.64m (31.627’), a depth of 24.384m (80’) and an area of 235.067 sq.m. (2530.24 sq.ft.). The Committee considered the report of the Planning Division, dated February 2, 2015, advising that the subject property is designated as Low Rise Residential in the Official Plan and zoned Residential Four Zone (R-4) in the Zoning By-law and will contain a semi-detached residential dwelling. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 86 - Submission No.: 1.B 2015-023 (Cont’d) The applicant is requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached unit. The severed lot would have a frontage of 9.640 metres, a depth of 24.384 metres and an area of 235.067 square metres, while the retained lot would have a matching frontage of 9.640 metres, depth of 24.384 metres and an area of 235.067 square metres. 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 Zoning By-law 85-1. Planning staff is of the opinion that the proposal conforms with the regulations of the Residential Four Zone (R-4). The proposed severance conforms to the City’s Official Plan and that the configuration of the proposed lots can be considered appropriate for the use of the lands. The proposed severance is required to create separate semi-detached dwelling units and allow separate ownership of each. The Committee considered the report of the Region of Waterloo, Principal Planner, dated February 9, 2015, advising that at this location the noise sensitive development may be affected by transportation noise (vehicular traffic) on Regional Road 8 (Weber Street East), Highway No. 8 and any potential stationary noise sources. It is the responsibility of the applicant to ensure the development is not adversely affected by anticipated noise impacts. As of the date of these comments, the units are under construction. Prior to final approval, the owner/developer must enter into a registered development agreement with the City of Kitchener to agree that the following noise warning clause be included in all offers of purchase and sale, and/or rental agreements for all residential units on both the severed and retained lands: “Due to the proximity to Provincial Highway No. 8 and Weber Street East, projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals.” Regional staff have no objection to this application, subject to the following Condition: 1. That the owner/developer enter into a registered development agreement with the City of Kitchener to include the above-mentioned noise warning clause in all offers of purchase and sale, and/or rental agreements for all residential units on both the severed and retained lands. Mr. N. Hallman was in attendance in support of the subject application. He requested clarification regarding Condition 3 of the staff recommendation, noting that the subject land was the severed parcel from a Consent application that was considered by the Committee in 2014. He stated that Parkland dedication was required and paid through that application for the subject property. Ms. von Westerholt proposed an amendment to Condition 3 to include “if required” to allow the applicant the option to speak with Parks Operations staff further regarding the Parkland dedication requirement. Mr. Hallman advised that he was in agreement with the proposed amendment. The Chair noted the comments from the Region of Waterloo and requested that the Condition be included in the Committee’s recommendation. Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of Nathan & Rebecca Hallman requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. The severed lot will front onto Kinzie Avenue, having a lot width of 9.64m (31.627’), a depth of 24.384m (80’) and an area of 235.067 sq.m. (2530.24 sq.ft.), on Part Lots 162 & 163, Registered Plan 308, being Part 1 on Reference Plan 58R-18181, 53 & 55 Kinzie Avenue, Kitchener, BE GRANTED Ontario,, subject to the following conditions: COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 87 - Submission No.: 1.B 2015-023 (Cont’d) 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 make satisfactory financial arrangements if required, to the City of Kitchener for a cash-in-lieu contribution for park dedication equal in the amount of $4,434.40 which is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 4. That the owner shall enter into a registered agreement with the City of Kitchener to ensure that the following noise warning clause be included in all offers of purchase/sale, deeds and tenancy agreements on both the severed and retained lands: “Purchasers/tenants are advised that sound levels due to increasing road traffic on Provincial Highway 8 and Weber Street East, projected noise levels on this property may exceed the Noise Level Objectives approved by the Region of Waterloo and may cause concern to some individuals. ” 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 February 17, 2017. Carried COMBINED APPLICATIONS: Submission Nos.: 1. B 2015-024, B 2015-025 and A 2015-006 Applicant: Alecal Properties Ltd. Property Location: 411 Victoria Street North Legal Description: Part of Park Lot 245, Plan 374 Appearances: In Support: S. O’Neill Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to create two new lots for residential use and retain one residential lot. Proposed Lot A will be located at the corner of Victoria Street North and Chestnut Street having a width on Chestnut Street of 17.303m (56.768’) a depth of 32.538m (106.751’) and an area of 550.7 sq.m. (5927.685 sq.ft.). Proposed Lot B will have a width on Chestnut Street of 15.24m (50’) a depth of 32.918m (107.998’) and an area of COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 88 - Submission No.: 1.B 2015-024, B 2015-025 and A 2015-006 (Cont’d) 498.8 sq.m. (5369.039 sq.ft). The retained land will have a width on Victoria Street North of 12.727m (41.755’) an easterly depth of 32.552m (106.797’) and an area of 338.2 sq.m. (3640.355 sq.ft.). Permission is also being requested for the retained land to have a front yard setback of 3.74m (12.27’) rather than the required 4.5m (14.763’). The Committee considered the report of the Planning Division, dated February 10, 2015, advising that the subject property is municipally addressed as 411 Victoria Street North located at the southeast corner of Victoria Street North and Chestnut Street. It is a fairly large rectangular- shaped corner property with approximately 39 metres (128 feet) of frontage onto Victoria Street North and 30 metres (98 feet) of frontage onto Chestnut Street. 411 Victoria Street North currently contains a single detached dwelling built around 1940 and a gravel parking lot. The subject lands are designated Low Rise Conservation “B” in the Central Frederick Neighbourhood’s Plan for Land Use contained in both the City’s current approved and adopted Official Plans. The City’s Zoning By-law 85-1 zones the subject property as Residential Five (R- 5). The applicant is requesting consent to create two residential new lots (Parcels A & B) while retaining a lot (Parcel C) which contains the existing house, as indicated on the plan submitted with the application. Parcel A (corner lot) will have 17.3 metres (57 feet) of frontage at the building line onto Chestnut Street and 26 metres (85 feet) of flanking street frontage onto Victoria Street North. Parcel B (interior lot) will have 15 metres ((49 feet) of frontage onto Chestnut Street and a depth of 32.54 metres (108 feet). A single detached dwelling is proposed for Parcel A. A semi-detached dwelling is proposed for Parcel B. Parcel C will contain the existing dwelling. A minor variance request has also been submitted for the legalization of the existing 3.74 metre front yard setback from Victoria Street North for the existing house located on Parcel C. Surrounding land use is characterized as low rise residential consisting primarily of single detached dwellings. Consent Considerations: Staff has reviewed the applicant’s request to create two new residential lots and provide the following comments: • The Low Rise Conservation “B” policies of the Official Plan recognizes and supports the maintenance of the low rise nature and character of the area. The designation encourages single and semi-detached development of land. This proposal is in keeping with the intent of the land use designation of the Official Plan. • The proposed lots sizes and shapes are in keeping with the general lotting pattern exhibited along Chestnut Street. • The proposed development of a single and semi-detached dwelling is permitted under the R-5 zone list of permitted uses • The proposed lot sizes meet and/or exceed the regulations of the Residential Five (R-5) zone. • These lots will front onto Chestnut Street and will complete the lotting pattern of the street, thereby enhancing the low rise residential nature of Chestnut Street. • Municipal services are available to service these lots. • Residential building lots at this location are a better use of land than the existing parking lot. • To address the infill housing policies of the Official Plan, staff will require the submission and approval of building elevations and building location drawings as a condition of approval to ensure the proposed single and semi-detached dwellings will complement the surrounding low rise housing form. Through the circulation, it has come to staff’s attention that the Region of Waterloo has identified the need for a 3.048 metre road widening along Victoria Street North at this location as well as a COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 89 - Submission No.: 1.B 2015-024, B 2015-025 and A 2015-006 (Cont’d) 7.62 metre by 7.62 metre daylighting triangle at the corner of Chestnut Street and Victoria. As a result of these requirements, Parcel A would no longer comply with the R-5 zoning regulation for a corner lot. To address the situation, the applicant has agreed to shift the left lot line of Parcel A by 0.24 metres (10 inches), resulting in a new lot width of approximately 14.5 metres (48 feet) at the building line as opposed to the required 15 metres (50 feet). Consequently, the applicant will be required to submit a minor variance application for the lot width at a later date. This has been included as a Condition of the consent approval. Parcel B will have a lot width of 15 metres (50 feet) and will comply with the zoning regulations 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 Municipal Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing uses and any proposed use of the lands, the lands front onto an established public street, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. Also, the resultant lots will be compatible in size with the lots in the surrounding area, especially with those lots on the opposite side of the street. 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: As a result of the proposed consent application, the retained lot (Parcel C) requires a minor variance to legalize the front yard setback of 3.74 metres for the existing house rather than the required 4.5 metres. This setback is an existing situation. As a result, staff has no concerns and is satisfied that the four tests are met. The Committee considered the report of the Region of Waterloo, Principal Planner, dated February 9, 2014, noting the following comments regarding Application Nos. B 2015-024 & B 2015-025: Regional Road Dedication: At this location Regional Road #55 (Victoria Street North) has a designated road allowance width of 26.213m (86ft), as indicated in the Region of Waterloo Official Policies Plan (ROPP). The existing road width in this area of Victoria Street North is 20.117m (66ft); therefore the Region of Waterloo estimates that a road allowance widening of 3.048m (10ft) will be required across the Victoria Street North frontage (on both the severed and retained properties). A daylight triangle at the intersection of Victoria Street North and Chestnut Street will also be required. The daylight triangle is required to be 7.62m x 7.62m (25ft x 25ft) in size, and measured from the property lines after the Victoria Street North road widening dedication. The land must be dedicated to the Region of Waterloo for road allowance purposes and must be dedicated without cost and free of encumbrance. The owner must engage an Ontario Land Surveyor (OLS) to prepare a draft Reference Plan which illustrates the required road allowance widening and daylight triangle dedication. Prior to registering the Reference Plan, the OLS should submit a draft copy of the Reference Plan to the Region for review. The owner’s Solicitor will prepare the land transfer document and submit the document to the Region’s Legal Assistant for registration. Traffic Site Circulation & Access: The subject property has two access locations to Victoria Street North: an eastern access (which serves the residential house); and, a western access (which currently serves a parking lot area). Under this Consent application, the owner will be required to close the existing westerly access location to Region of Waterloo standards, the easterly access will be allowed to remain, however a Regional Road Access Permit will be required to widen the existing access within the Victoria Street North road allowance. The current eastern access does not meet the minimum dimensions of a residential access to a Regional Road; the residential access should have a minimum throat width of 3.7m at the property line. Access to the severed lot must be off of Chestnut Street. A Regional Road Access Permit will be required for the closure of the existing westerly access and to recognize the existing easterly access. There is a $100.00 fee associated with the Regional Road Access Permit for a residential access and the application can be found on the Region of Waterloo website http://www.regionofwaterloo.ca/en/doingBusiness/RoadandTrafficPermits.asp. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 90 - Submission No.: 1.B 2015-024, B 2015-025 and A 2015-006 (Cont’d) Stormwater Management: The applicant must submit two copies of the Lot Grading and Drainage Plan and Site Servicing Plan to the Region of Waterloo for approval. This should include infiltration of roof top runoff where soils conditions permit, showing drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Region of Waterloo. The site must be graded in accordance with the approved plan and the Regional Road allowance must be restored to the satisfaction of the Region of Waterloo. Other: Noise - at this location the proposed residential development may encounter environmental noise sources (vehicles and railway) as it is located adjacent to Victoria Street North and rail yards north of Victoria Street North. It is the responsibility of the applicant to ensure that the proposed residential development is not affected by environmental noise sources. In this regard the applicant will be required to complete an Environmental Noise Study for the proposed residential development. The noise level criteria and guidelines for the preparation of an Environmental Noise Study are included in the Region of Waterloo Implementation Guideline for Noise Policies. Analysis of transportation noise impacts must comply with MOE NPC-300 Guidelines. The noise consultant must be pre-approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with 4 copies of the report directly to the Region of Waterloo. The Region of Waterloo charges $250. for the preparation of traffic forecasts to be used in the Environmental Noise Study and review of the Environmental Noise Study. 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 date of the request, but will be withheld if payment has not been received. Regional Road Work Permit (Site Plan) - any work required on the Victoria Street North right of way will require Municipal Consent and 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. Regional staff have no objection to the application, subject to the following Conditions: 1. That the owner prepare a draft Reference Plan which illustrates the required road allowance widening and daylight triangle dedication. 2. That the owner close the existing westerly access location to Region of Waterloo standards and obtain Regional Road Access Permit which will be required to widen the existing access within the Victoria Street North road allowance. 3. That the owner submit two copies of the Site Grading and Drainage Plan and Site Servicing Plan to the Region of Waterloo for approval. 4. That the owner complete an Environmental Noise Study both severed and retained parcels to the satisfaction of the Region. The applicant may be required to enter into a development agreement with the Region to implement any recommendations of the study prior to final approval. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 28, 2015, advising that they have no concerns with Application No. A 2015-006. The Committee considered the report of Kitchener-Wilmot Hydro Inc., dated February 2, 2015, advising that approval of these applications shall be subject to the following conditions: COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 91 - Submission No.: 1.B 2015-024, B 2015-025 and A 2015-006 (Cont’d) 1. That the applicant make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the two (2) new lots to be created. 2. That the applicant make arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. before the two (2) new lots are created. 3. Driveways will be located so as to provide a minimum of 1.0m clearance to all poles, anchors and street light standards. The Committee considered comments from Canadian National (CN) Railway, dated February 9, 2015, advising that for a relatively small infill project like this one, they will not seek the full implementation of CN’s adjacent development criteria. CN Railway staff have no objection to Application Nos. B 2015-024 and B 2015-025, subject to the following Conditions: 1. Noise mitigation measures in design including air-conditioning, brick veneer facing the railway (or masonry equivalent ensuring STC rating of at least 54) and window STC rating of at least 37. 2. Vibration mitigation in the form of 4’’ rigid insulation being applied to foundation walls facing the railway. 3. Inclusion of the warning clause as outlined in the CN Railway Principal Main Line (PML) requirements document, Section E, on all sale and lease agreements, as well as in any municipal agreements stemming from an eventual approval. Mr. S. O’Neill noted that he was in attendance in support of the subject applications. He requested clarification regarding Condition 5 of the staff recommendation and questioned whether the Condition would require him to replace any existing services if Engineering deems them to be unsatisfactory. Ms. von Westerholt advised that it is a standard Engineering condition for a severance application, noting that as part of the development process, applicants are required to ensure that both the severed and retained lots are adequately serviced. Mr. O’Neill requested further clarification regarding Condition 6 requiring the owner to 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 and questioned whether he would need to relocate the bus shelter located on Victoria Street North. Ms. von Westerholt advised that that Condition is also a standard Consent Condition, to ensure that neither the Region of Waterloo nor the City will incur costs due to redevelopment. Mr. O’Neil referenced Condition 13 of the staff recommendation requiring an additional minor variance application to be submitted for the Committee’s consideration for the new Lot defined as Parcel “A”, noting that due to a road widening requested by the Region, the new lot no longer conforms with the Zoning By-law. He requested that the Committee consider amending their Decision to include the variance for the lot width for Lot ‘A’ rather than requiring an additional variance application to be submitted and considered at a later date. Ms. von Westerholt advised that staff would not support an amendment to approve the variance required for Parcel “A” as outlined in Condition 13 of the staff recommendation, as part of the Committee’s approval. She noted in consultation with the applicant, staff were initially recommending deferral of the applications to allow time for the applicant to submit the additional minor variance application to recognize the reduced lot width of Parcel ‘A’. She noted that staff were unaware that the Region would be requesting a road widening. She noted that staff had spoken with the applicant and potential options were discussed. She commented that through those discussions, there was an initial understanding that a Condition may be included as part of the Consent Decision to require the applicant to submit a Variance application as part of the Committee’s Decision. She further advised that under the Planning Act, a statutory Notice is required regarding all Committee of Adjustment applications, and Notice has not been provided for the proposed Variance on Parcel ‘A’. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 92 - Submission No.: 1.B 2015-024, B 2015-025 and A 2015-006 (Cont’d) Mr. O’Neill acknowledged staffs comments and advised that he was in support of the staff recommendationas proposed. Ms. J. Meader requested clarification regarding Part B of the recommendation pertaining to Application A 2015-006, noting that the recommendation references a side yard setback, whereas the Staff report, Legal Notice and Application all reference a variance to a front yard setback. Ms. D. Saunderson advised that the recommendation appears to have been a clerical error and confirmed that the recommendation should have referenced approval of a front yard setback of 3.74m (12.27’) rather than the required 4.5m (14.763’). She requested that the recommendation be amended to approve the front yard setback as requested through Application A 2015-006. The Chair noted the requested Conditions from the Region of Waterloo, Kitchener Wilmot Hydro and CN railway and requested that the Conditions be added to the Committee’s recommendation. Submission No. B 2015-024 Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of Alecal Properties Ltd. requesting permission for the parcel of land identified as Parcel ‘A’ on the plan submitted with the application, to have a width on Chestnut Street of 17.303m (56.768’) a depth of 32.538m (106.751’) and an area of 550.7 sq.m. (5927.685 BE sq.ft.), on Part Lot 245, Registered Plan 374, 411 Victoria Street North, 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 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 accordance with City’s Parkland Dedication Policy I-1074. 4. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: a) “That prior to any grading, tree removal, or the application for or issuance of a building permit, the owner shall submit the following plans, prepared by qualified consultants, to the satisfaction of the City’s Director of Planning: (i) A Building Location Plan showing the proposed location of all buildings (including accessory buildings and structures), decks and driveways, and demonstrating compatibility with neighbouring dwellings; (ii) Elevation drawings for all new buildings, demonstrating compatibility with neighbouring dwellings; (iii) A Grading Plan showing the proposed grades and drainage; (iv) A Tree Preservation Plan for the severed lands in accordance with the City’s Tree Management Policy. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 93 - Submission No.: 1.B 2015-024, B 2015-025 and A 2015-006 (Cont’d) (v) The owner further agrees to implement the approved plans. No changes to the plans shall be granted except with the prior approval of the City’s Director of Planning.” b) The owner shall enter into a registered agreement with the City of Kitchener to ensure the following clause is inserted in all development agreements and all offers of purchase/sale, deeds and tenancy agreements for all dwelling units within 300m of the railway right-of-way: “Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.” 5. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the removal of any redundant service connections and the installation of new ones that may be required to service this property, the installation of boulevard landscaping including street trees, the installation of a paved driveway ramp, and the installation of new curb and gutter, all to City standards. 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. 7. That the owner shall make financial arrangements to the satisfaction of the City’s Director of Engineering for the extension of the storm sewer to the lands to be severed. 8. That the owner shall provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of the Engineering Division, showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets. 9. That the owner shall demonstrate that adequate and appropriate sump pump outlet can be provided to the site to the satisfaction of City’s Engineering Services, and that, in the event that the municipal storm sewer must be extended to service the subject development, a certificate of approval for sewage works will be required by the Ministry of Environment in accordance with Section 53 of the Ontario Water Resources Act, to the satisfaction of Engineering Services. 10. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 11. That the owner shall receive final approval of Minor Variance application A 2015-006. 12. That the owner shall submit a Minor Variance application for Parcel ‘A” to be considered by the Committee no later than the May 19, 2015 Committee of Adjustment meeting, and further that the Minor Variance for Parcel ‘A’ shall receive approval and is in force and effect. 13. That the owner shall ensure that all building designs include noise mitigation measures including air-conditioning, brick veneer facing the railway (or masonry equivalent ensuring STC rating of at least 54) and window STC rating of at least 37; and, that vibration mitigation in the form of 4’’ rigid insulation being applied to foundation walls facing the railway, to the satisfaction of the City’s Building Division. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 94 - Submission No.: 1.B 2015-024, B 2015-025 and A 2015-006 (Cont’d) 14. That the owner shall prepare a draft Reference Plan which illustrates the required road allowance widening and daylight triangle dedication to the satisfaction of the Region of Waterloo. 15. That the owner shall close the existing westerly access location to Region of Waterloo standards and obtain Regional Road Access Permit which will be required to widen the existing access within the Victoria Street North road allowance. 16. That the owner shall submit two copies of the Site Grading and Drainage Plan and Site Servicing Plan to the Region of Waterloo for approval. 17. That the owner shall complete an Environmental Noise Study for both the severed and retained parcels to the satisfaction of the Region of Waterloo. The applicant may be required to enter into a development agreement with the Region to implement any recommendations of the study prior to final approval. 18. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the severed and retained lands. 19. That the owner shall make arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. to the severed and retained lands. 20. 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 February 17, 2017. Carried Submission No. B 2015-025 Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of Alecal Properties Ltd. requesting permission to sever a parcel of land identified as Parcel “B” on the plan submitted with the application, having a width on Chestnut Street of 15.24m (50’) a depth of 32.918m (107.998’) and an area of 498.8 sq.m. (5369.039 sq.ft), BE on Part Lot 245, Registered Plan 374, 411 Victoria Street North, 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. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 95 - Submission No.: 1.B 2015-024, B 2015-025 and A 2015-006 (Cont’d) 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 accordance with City’s Parkland Dedication Policy I-1074. 4. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: a) “That prior to any grading, tree removal, or the application for or issuance of a building permit, the owner shall submit the following plans, prepared by qualified consultants, to the satisfaction of the City’s Director of Planning: (i) A Building Location Plan showing the proposed location of all buildings (including accessory buildings and structures), decks and driveways, and demonstrating compatibility with neighbouring dwellings; (ii) Elevation drawings for all new buildings, demonstrating compatibility with neighbouring dwellings; (iii) A Grading Plan showing the proposed grades and drainage; (iv) A Tree Preservation Plan for the severed lands in accordance with the City’s Tree Management Policy. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. (v) The owner further agrees to implement the approved plans. No changes to the plans shall be granted except with the prior approval of the City’s Director of Planning.” b) The owner shall enter into a registered agreement with the City of Kitchener to ensure the following clause is inserted in all development agreements and all offers of purchase/sale, deeds and tenancy agreements for all dwelling units within 300m of the railway right-of-way: “Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.” 5. That the owner shall make financial arrangements to the satisfaction of the City's Director of Engineering for the removal of any redundant service connections and the installation of new ones that may be required to service this property, the installation of boulevard landscaping including street trees, the installation of a paved driveway ramp, and the installation of new curb and gutter, all to City standards. 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. 7. That the owner shall make financial arrangements to the satisfaction of the City’s Director of Engineering for the extension of the storm sewer to the lands to be severed. 8. That the owner shall provide a Servicing Plan, prepared by a qualified consultant, to the satisfaction of the Engineering Division, showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 96 - Submission No.: 1.B 2015-024, B 2015-025 and A 2015-006 (Cont’d) 9. That the owner shall demonstrate that adequate and appropriate sump pump outlet can be provided to the site to the satisfaction of City’s Engineering Services, and that, in the event that the municipal storm sewer must be extended to service the subject development, a certificate of approval for sewage works will be required by the Ministry of Environment in accordance with Section 53 of the Ontario Water Resources Act, to the satisfaction of Engineering Services. 10. That the owner shall submit a complete Development and Reconstruction As-Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 11. That the owner shall receive final approval of Minor Variance application A 2015-006. 12. That the owner shall submit a Minor Variance application for Parcel ‘A” to be considered by the Committee no later than the May 19, 2015 Committee of Adjustment meeting, and further that the Minor Variance for Parcel ‘A’ shall receive approval and is in force and effect. 13. That the owner shall ensure that all building designs include noise mitigation measures including air-conditioning, brick veneer facing the railway (or masonry equivalent ensuring STC rating of at least 54) and window STC rating of at least 37; and, that vibration mitigation in the form of 4’’ rigid insulation being applied to foundation walls facing the railway, to the satisfaction of the City’s Building Division. 14. That the owner shall prepare a draft Reference Plan which illustrates the required road allowance widening and daylight triangle dedication to the satisfaction of the Region of Waterloo. 15. That the owner shall close the existing westerly access location to Region of Waterloo standards and obtain Regional Road Access Permit which will be required to widen the existing access within the Victoria Street North road allowance. 16. That the owner shall submit two copies of the Site Grading and Drainage Plan and Site Servicing Plan to the Region of Waterloo for approval. 17. That the owner shall complete an Environmental Noise Study for both the severed and retained parcels to the satisfaction of the Region of Waterloo. The applicant may be required to enter into a development agreement with the Region to implement any recommendations of the study prior to final approval. 18. That the owner shall make satisfactory arrangements with Kitchener-Wilmot Hydro Inc. for the provision of electrical servicing to the severed and retained lands. 19. That the owner shall make arrangements for the granting of any easements required by Kitchener-Wilmot Hydro Inc. to the severed and retained lands. 20. 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. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 97 - Submission No.: 1.B 2015-024, B 2015-025 and A 2015-006 (Cont’d) Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being February 17, 2017. Carried Submission No. A 2015-006 Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of Alecal Properties Ltd. requesting permission to have a front yard setback of 3.74m (12.27’) rather than the required 4.5m (14.763’), on Part of Park Lot 245, Plan 374, 411 BE APPROVED. Victoria Street North, Kitchener, Ontario, It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission Nos.: 2. B 2015-026, B 2015-027, A 2015-007 and A 2015-008 Applicant: John Schoch Property Location: 479 Prospect Avenue, 89 Broadview Avenue and 85 Broadview Avenue Legal Description: Part Lot 2, Plan 267, being Parts 1, 2, 3 & 4 on Reference Plan 58R-1947 Appearances: In Support: S. Malhotra Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to sever two parcels of land municipally addressed as 479 Prospect Avenue and 89 Broadview Avenue from 85 Broadview Avenue so each lot can be dealt with separately. 479 Prospect Avenue will be an “L” shaped lot having a width on Prospect Avenue of 15.188 (49.829’) a depth of 30.968 (101.60’) and an area of 539.8 sq.m. (5810.4 sq.ft). 89 Broadview Avenue will have a lot width on Broadview Avenue of 13.868m (45.498’) a depth of 30.472m (99.973’) and an area of 422.6 sq.m. (4548.829 sq.ft.). The retained parcel, 85 Broadview Avenue, has a width on Broadview Avenue of 16.964m (55.656’) a depth of 26.411m (86.65’) and an area of 449.1 sq.m. (4834.072 sq.ft). Permission is also being requested for minor variances on 89 Broadview Avenue to have a lot width of 13.86m (45.472’) rather than the required 15m (49.212’); side yard setback abutting Prospect Avenue of 5.04m (16.535’) rather than the required 6m (19.685’); to locate the required off-street parking 5.3m (17.388’) from the street line rather than the required 6m (19.685’); and permission for 85 Broadview Avenue to have a northerly side yard setback of 0.93m (3.05’) rather than the required 1.2m ( 3.93’). The Committee considered the report of the Planning Division, dated February 9, 2015, advising that the subject parcel is addressed as 479 Prospect Avenue, 85 Broadview Avenue and 89 Broadview Avenue. The property contains three single detached dwellings, which for various technical and legal reasons have been deemed to have merged in title. The owner is proposing COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 98 - Submission No.: 1.B 2015-026, B 2015-027, A 2015-007 and A 2015-008 (Cont’d) to sever the lots so as to recreate three individually owned parcels. While there are no physical changes proposed to the subject lands, because the new lots must conform to current zoning regulations, minor variances are required for the lots proposed for 85 and 89 Broadview Avenue. Subsequent to this variance application being circulated for comment, but in advance of the variances being advertised, a fourth variance was added to application A 2015-008. All requested variances are described and discussed below, and have been advertised. Consent Applications: Proposed consent application B 2015-026 proposes to recreate 479 Prospect Avenue. The lands to be severed have a frontage of 15.188 metres, a depth of 30.968 metres and an area of 539.8 m2. The lands currently contain a house and shed. No variances are required with respect to this lot. In addition to recreating the original lot fabric, the owner is proposing a 4.051 metre wide lot addition from the rear yard of 85 Broadview Avenue to the rear yard of 479 Prospect Avenue to recognize the location of an existing garden – the owner of 479 Prospect Avenue is already using this portion of the rear yard of 85 Broadview Avenue. This proposed change to the original lot line does not create any deficiencies for either 479 Prospect Avenue or 85 Broadview Avenue. Proposed consent application B 2015-027 proposes to recreate 89 Broadview Avenue. The lands to be severed are proposed to have a frontage of 13.868 metres, depth of 30.467 metres, and an area of 722.6 m2. The lands currently contain a house and shed. Minor variances are required in support of the re-creation of this lot. These have been applied for under application A 2015-007 and are considered against the test for minor variances below. Staff are recommending approval of the requested variances associated with the proposed lot. The lands to be retained (85 Broadview Avenue) are proposed to have a frontage of 16.964 metres, a depth of 26.411 metres, and an area of 449.1 m2. The lands currently contain a house and shed. A minor variance is required in support of the proposed re-creation of this lot. The variance has been applied for under application A 2015-008 and is considered against the four tests for minor variances below. Staff are recommending approval of the requested variance associated with the lands to be retained. 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 severed and retained lots is desirable and appropriate. The subject property is zoned Residential Three Zone (R-3). The dimensions and shape of the severed and retained lots are appropriate and suitable for the existing dwellings and any future development of the lands. As discussed, the applicant has requested variances to legalize certain regulations for 85 and 89 Broadview Avenue, and staff recommend approval of the requested variances. All other regulations pertaining to the lots conform. The resultant lots will be compatible in size with the lots in the surrounding area and each house is fully serviced by municipal services. 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 (A 2015-007) 89 Broadview Avenue: The applicant is requesting 4 minor variances for the proposed lot at 89 Broadview Avenue. Relief is being sought from sections 37.2 and 6.1 as follows: 1. to permit a rear yard setback of 6.81 metres rather than 7.5 metres; 2. to permit a side yard abutting a street of 5.04 metres rather than 6.0 metres; 3. to permit the required parking space to be located 5.3 metres from a street line rather than 6.0 metres; and, 4. to permit a corner lot width of 13.86 metres rather than 15 metres. The requested variances for rear yard, side yard abutting a street and setback to the required parking space were previously considered and approved by the Committee of Adjustment in 1987 (A 166/87). The lot width was legal under By-law 4830 and therefore, until the properties merged, was legal non-conforming. However, as the properties merged and as technically a new lot is now being created, the variances and legal non-conforming status are lost and must be legalized in support of the current consent applications. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 99 - Submission No.: 1.B 2015-026, B 2015-027, A 2015-007 and A 2015-008 (Cont’d) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The Low Rise Residential designation permits single detached dwellings. As the use of the retained lands is not changing, the intent of the Official Plan is maintained. The intent of the 7.5 metre rear yard setback in the Zoning By-law is to allow sufficient private amenity space and distance separation between dwellings. Having visited the site, the owner appears to use the front yard (yard abutting Broadview Avenue) as a private amenity space with a deck and screened grassed area. The actual rear yard, for which the variance is being requested, is used as a side yard and contains a small shed. The buildings, lot orientation and setbacks have existed since the late 1980’s when the garage was added to the house. Variances were granted at that time permitting the reduced rear yard setback. As such, staff is of the opinion that the intent of the By-law is maintained and that the variance is minor and appropriate for the development and use of the lands. The intent of requiring a 6.0 metre side yard abutting a street where a building accommodates parking (s. 37.2) and the intent of the 6.0 metre setback to a required parking space (s. 6.1) is to ensure that there is space for a vehicle to park between the building face and the street line. A legal parking space is 5.5 metres long and staff is of the opinion that permitting a reduction to the setback abutting a street both to the building and the parking space will continue to allow space for a vehicle to park between the lot line and the face of the garage. These variances were previously approved by the Committee when the garage was added to the house in 1987, and there are no records of concern with respect to the reduction. As such, staff is of the opinion that the intent of the By-law is maintained and that the variances are minor and appropriate for the development and use of the lands. The intent of requiring a minimum lot width of 15.0 metres for a corner lot is to ensure the lot width is sufficient to accommodate setbacks, parking and building across the lot’s frontage. The reduced lot width has existed since 1977 and was legal at the time the building was constructed. However, as the lot is now being recreated the legal non-conforming status of the lot width is lost and must be considered in support of the consent. As no new or additional buildings are being proposed, which further intensifies the use of the lot, and no changes are proposed to the lot width from what previously existed, staff are of the opinion that the intent of the By-law is maintained and that the variance is minor and appropriate for the development and use of the lands. Minor Variance (A 2015-008) 85 Broadview Avenue: The applicant is requesting one minor variance for 85 Broadview Avenue to permit a side yard setback of 0.93 metres rather than 1.2 metres. This variance was originally considered and approved by the Committee of Adjustment in 1977 (A 85/77) in conjunction with a severance that was also considered at that time. 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 Low Rise Residential designation permits single detached dwellings. As the use of the retained lands is not changing, the intent of the Official Plan is maintained. The intent of the side yard setback in the Zoning By-law is to allow sufficient space between the building and the lot line for access to the back yard and maintenance of the building. Back yard access is available via the opposite side yard where minimum yards are maintained. The reduced setback is to a one storey attached garage. While attached garages require a 1.2 metres setback, detached garages only require a 0.6 metre setback, which is less than what is being requested. It is noted that detached accessory structures are limited to a maximum height of 5.5 metres, whereas an attached structure may be up to 10.5 metres. The difference in setback is partially due to the difference in maximum building height, as more space is needed to access upper stories for maintenance. Therefore, as the existing attached garage is only one storey high, is existing and as the Committee previously granted variances for the subject setback, staff is satisfied that for the existing structure only, a side yard setback of 0.93 metres meets the intent of the Zoning By-law, is minor and is appropriate for the development and use of the lands. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 100 - Submission No.: 1.B 2015-026, B 2015-027, A 2015-007 and A 2015-008 (Cont’d) The Committee considered the report of the Region of Waterloo, Principal Planner, dated February 9, 2014, advising that they have no objections to Application Nos. B 2015-026 & B 2015-027. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 28, 2015, advising that they have no concerns with Application Nos. A 2015-007 & A 2015-008. Submission No. B 2015-026 Moved by Ms. P. Kohli Seconded by Ms. J. Meader That the application of John Schoch requesting permission to sever a parcel of land municipally addressed as 479 Prospect Avenue from 89 Broadview Avenue and 85 Broadview Avenue so the subject parcel can be dealt with separately. 479 Prospect Avenue will be an “L” shaped lot having a width on Prospect Avenue of 15.188 (49.829’) a depth of 30.968 (101.60’) and an area of 539.8 sq.m. (5810.4 sq.ft), on Part Lot 2, Plan 267, being Part 4 on Reference Plan 58R-1947, 479 BE GRANTED Prospect 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. 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 February 17, 2017. Carried Submission No. B 2015-027 Moved by Ms. P. Kohli Seconded by Ms. J. Meader That the application of John Schoch requesting permission to sever a parcel of land municipally addressed as 89 Broadview Avenue from 85 Broadview Avenue and 479 Prospect Avenue that the subject parcel can be dealt with separately. 89 Broadview Avenue will have a lot width on Broadview Avenue of 13.868m (45.498’) a depth of 30.472m (99.973’) and an area of 422.6 sq.m. (4548.829 sq.ft.), on Part Lot 2, Plan 267, being Parts 1 & 2 on Reference Plan 58R-1947, BE GRANTED 89 Broadview 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. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 101 - Submission No.: 1.B 2015-026, B 2015-027, A 2015-007 and A 2015-008 (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 February 17, 2017. Carried Submission No. A 2015-007 Moved by Ms. P. Kohli Seconded by Ms. J. Meader That the application of John Schoch requesting permission to have a lot width of 13.86m (45.472’) rather than the required 15m (49.212’); side yard setback abutting Prospect Avenue of 5.04m (16.535’) rather than the required 6m (19.685’); and, to locate the required off-street parking 5.3m (17.388’) from the street line rather than the required 6m (19.685’), on Part Lot 2, Plan 267, being Parts 1 & 2 on Reference Plan 58R-1947, 89 Broadview Avenue, Kitchener, BE APPROVED Ontario,. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission No. A 2015-008 Moved by Ms. P. Kohli Seconded by Ms. J. Meader That the application of John Schoch requesting permission for the existing building to have a northerly side yard setback of 0.93m (3.05’) rather than the required 1.2m ( 3.93’), on Part Lot 2, Plan 267, being Part 3 on Reference Plan 58R-1947, 85 Broadview Avenue, Kitchener, Ontario, BE APPROVED . 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. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 102 - Submission No.: 1.B 2015-026, B 2015-027, A 2015-007 and A 2015-008 (Cont’d) 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission Nos.: 3. B 2015-028 and A 2015-009 Applicant: Charlie Ormston Property Location: 508 New Dundee Road Legal Description: Part Lot 8, Beasley’s Old Survey Appearances: In Support: C. Ormston P. Britton 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 New Dundee Road of 107m (351.049’) a westerly depth of 92.106m (302.185’) and an area of 0.941 hectares. The retained land will be irregular in shape fronting onto New Dundee Road in two separate locations having a combined width of 213.957m (701.958’) an easterly depth of 653.8m (2145’) and an area of 20.973 hectares. The severed land will continue to be residential, the severed land currently Zoned Agricultural is subject to a Zone Change application and intended for residential development. Permission is also being requested for the severed parcel to have a minimum lot area of 20.973 hectares rather than the required 40 hectares; and a minimum lot width of 97.81m (320.898’) rather than the required 300m (984.251’). The Committee considered the report of the Planning Division, dated February 9, 2015, advising that the subject parcel is addressed as 508 New Dundee Road. The property contains one single detached dwelling and associated farmland. The owner is proposing to sever the heritage farmhouse from the balance of the farmland in advance of the draft approval of a plan of subdivision (30T-13203). The purpose of the consent is to facilitate a process whereby a modified subdivision agreement may be registered on title of the heritage farmhouse, which has been excluded from the plan of subdivision, so that conditions related to heritage preservation may be applied. There are no physical changes proposed to the subject lands at this time or as a result of the applications. The subject lands are designated Low Rise Residential in the City’s Official Plan and new Official Plan (under appeal). Both the lands to be severed and the lands to be retained are currently zoned Agricultural Zone (A-1). The lands to be severed comply with the current A-1 zoning regulations. A zone change application has been applied for concurrently with the proposed draft plan of subdivision and subject to Council approval, appropriate zones will be applied through this zone change to implement the plan of subdivision. However, because both the severed and retained land must conform to current A-1 zoning regulations, minor variances are required for the lands to be retained. Staff is recommending approval of the proposed variances; however, they will no longer be required once the proposed subdivision zoning is in place. Heritage Planning staff have reviewed the proposed consent and variance applications, as well as the proposed Plan of Subdivision and Zone Change. The subject farmhouse is listed on the Heritage Kitchener Inventory of Historic Buildings, and a Heritage Impact Assessment (HIA) (November 2013, addendum January 2014) and Conservation Plan (November 2013) have been prepared in support of the applications. Heritage Planning staff requests that certain conditions related to implementation of the HIA be required through the proposed severance, as provided in the recommendation section below. Consent Application (B 2015-028): Proposed consent application B 2015-028 proposes to sever the heritage home located at 508 New Dundee Road from the balance of the land holding consisting of plantation and agricultural COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 103 - Submission No.: 1.B 2015-028 and A 2015-009 (Cont’d) fields. The lands to be severed have a frontage of 107.1 metres, a depth between 83.167 and 92.106 metres and an area of 0.941 hectares. The lands currently contain a house and barn. The lands to be severed conform to zoning regulations. The lands to be retained are 20.9733 hectares and wrap around the lands to be severed. The shorter (western) section of lot line abutting New Dundee Road has a frontage of 97.81 metres and the longer eastern lot line abutting New Dundee Road has a frontage of 150.176 metres. In conjunction with the proposed consent, the applicant is seeking variances to legalize the minimum lot width of 97.81 metres, whereas the Zoning By-law requires a minimum frontage of 300 metres for agricultural lands, and a minimum lot area of 20.9733 hectares whereas the Zoning By-law requires a minimum area of 40 hectares. As discussed below, staff recommend approval of the proposed variances. 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 severed and retained lots is desirable and appropriate. The subject property is zoned Agricultural Zone (A-1). As discussed, the applicant has requested variances to legalize certain regulations for the retained lands, and staff recommends approval of the requested variances. All other regulations pertaining to the lots conform. The severed lands are consistent with lot size recommendations of the approved Heritage Impact Assessment and will be compatible in size with estates lots in the surrounding area. The retained lands are identical to the proposed property boundaries being considered in proposed Plan of Subdivision 30T-13203 and the consent provides for the future consideration of the proposed subdivision. The lands to be severed are currently on private services and engineering staff is satisfied with the situation for the current dwelling. The lands to be retained will be serviced through the proposed Plan of Subdivision and the house will be required to connect to municipal services should the house ever be adaptively reused as a more commercial or intensive use. Both the severed and retained land have frontage on a public street. 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. Planning staff recommend that the proposed consent be approved subject to certain conditions. Minor Variance (A 2015-009): The applicant is requesting 2 minor variances for the retained lands: 1. to permit a minimum lot width of 97.81 metres rather than 300 metres; and 2. to permit a minimum lot area of 20.9733 hectares rather than 40 hectares. 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 intent of the Low Rise Residential designation is to support a range of low density housing types. The proposed consent and related variance on the retained lands provide for the future subdivision of the lands with uses consistent with the Low Rise Residential designation. Furthermore, cultural heritage policies of the Official require the conservation of the City’s cultural heritage resources. The proposed consent and supporting variance provide for the appropriate conservation of the heritage farmhouse. The intent of the minimum lot width and minimum lot area in the Agricultural Zone is to ensure that farms are sized so that they may support farming activities. While zoned for agricultural uses, the lands are designated Low Rise Residential and are located in the City’s Urban Area. As such, the Agricultural Zone is considered a ‘placeholder’ zone which is intended to be replaced through the consideration of more appropriate land uses. There is currently an active zone change application for both the lands to be severed and lands to be retained, which proposes to rezone the heritage farmhouse to Residential One Zone (R-1), and the surrounding farm fields and coniferous plantations to appropriate residential, park and other zones to implement the proposed Draft Plan of Subdivision. It is expected that these zoning categories will soon replace the existing A-1 zone. However, in consideration of the existing A-1 zone, staff are of the opinion that the reduction to lot frontage and lot area will continue to allow the retained lands to be used for agricultural purposes (cash cropping) until such time as the lands are redeveloped, and the intent of the Zoning By-law is maintained. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 104 - Submission No.: 1.B 2015-028 and A 2015-009 (Cont’d) The Committee considered the report of the Region of Waterloo, Principal Planner, dated February 6, 2014, noting the following comments regarding Application No. B 2015-028: All Regional issues and concerns related to development of the retained lands can be addressed through the plan of subdivision application process 30T-13203. Comments below refer to the severed parcel. Water Services: Pursuant to Policy 5.C.3 of the Regional Official Plan, the existing dwelling on the lands to be severed will need to be placed on municipal water supply and wastewater services. The applicant will be required to complete a Servicing Report to identify how the dwelling can be municipally serviced. In addition, the existing domestic well and septic system on the property will need to be decommissioned in accordance with applicable laws and regulations, at such time municipal services are made available to the dwelling. These matters can be addressed through conditions of approval. Road Traffic Noise: Road traffic noise has been identified as an issue. Normally, this can be addressed through completion of a road traffic noise study. However, Regional staff recognizes the existing dwelling on the severed lands and that no new development is being contemplated. As such, staff is recommending that in lieu of the study, the applicant enter into a registered agreement with the Region to implement the following warning clause: “Purchasers / tenants are advised that sound levels due to increasing road traffic on New Dundee Road (Regional Road 12) and Highway 401 may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Regional Municipality of Waterloo Municipality and the Ministry of the Environment and Climate Change.” In summary, Regional staff supports the above-noted consent application subject to the conditions of consent approval noted below: 1. That prior to final approval, the owner complete a Servicing Report to indicate to the Region how the existing dwelling on the severed lands can be serviced by municipal water supply and wastewater, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 2. That prior to final approval, the owner enter into an agreement with the City of Kitchener to implement recommendations of the Servicing Report in Condition 1 above. 3. That prior to final approval, the owner enter into an agreement with the City of Kitchener to decommission, at such time municipal services are made available to the existing dwelling, any existing private wells and septic systems on the property in accordance with applicable laws and regulations, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. 4. That prior to final approval, the owner enter into an agreement with the Regional Municipality of Waterloo to include the following warning clause in all offers to purchase and/or rental agreements: “Purchasers / tenants are advised that sound levels due to increasing road traffic on New Dundee Road (Regional Road 12) and Highway 401 may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Regional Municipality of Waterloo Municipality and the Ministry of the Environment and Climate Change.” General Comments: Any future development on the lands subject to the above-noted consent application will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated January 28, 2015, advising that they have no concerns with Application No. A 2015-009. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 105 - Submission No.: 1.B 2015-028 and A 2015-009 (Cont’d) Mr. P. Britton provided a brief summary of the subject applications, noting that he was in support of staffs recommendation. Submission No. B 2015-028 Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of Charlie Ormston requesting permission to sever a parcel of land having a width on New Dundee Road of 107m (351.049’) a westerly depth of 92.106m (302.185’) and an area of 0.941 hectares, on Part Lot 8, Beasley’s Old Survey, 508 New Dundee Road, 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 receive final approval of Minor Variance Application A 2015-009. 4. That the owner shall complete a Heritage Impact Assessment for 508 New Dundee Road to the satisfaction of the Director of Planning. 5. That the severed lands shall be designated under Part IV of the Ontario Heritage Act. 6. That Heritage Design Guidelines for 508 New Dundee Road pertaining to alterations and additions that are unlikely to affect the heritage attributes of the severed lands shall be submitted and approved by the City’s Director of Planning. 7. That the approved Heritage Design Guidelines for 508 New Dundee Road shall be registered on title of the subject lands, and attached to the required modified subdivision agreement referenced in Condition 9 below. 8. That the owner shall complete a Servicing Report to indicate how the existing dwelling on the severed lands can be serviced by municipal water supply and wastewater, to the satisfaction of the City’s Director of Engineering and the Regional Commissioner of Planning, Development and Legislative Services. 9. That the owner shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City’s Director of Planning and registered on title of the severed lands. Said agreement shall include the following special conditions: a. The owner agrees to provide a copy of the approved Heritage Design Guidelines for 508 New Dundee Road to all purchasers. Further, the owner agrees to include a clause in Agreements of Purchase and Sale and/or rental agreements that identifies that future development is subject to the Heritage Design Guidelines for 508 New Dundee Road, and that the property is designated under Part IV of the Ontario Heritage Act. b. The owner agrees that no exterior alterations shall be made to buildings on the severed lands, and that no building permits for exterior alteration shall be applied for or issued for the subject lands, until plans, building elevations and building location drawings have been submitted and it is confirmed that they comply with the approved Heritage Design Guidelines for 508 New Dundee Road, to the satisfaction of the City’s Director of Planning. Where the required plans, building elevations and/or building location drawings do not comply with the approved Heritage Design Guidelines, a Heritage Permit Application may be required. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 106 - Submission No.: 1.B 2015-028 and A 2015-009 (Cont’d) c. The owner acknowledges that prior to the issuance of Site Plan Approval for future development of the subject lands, a Heritage Impact Assessment may be required to be prepared, submitted and approved in accordance with the City’s Terms of Reference and to the satisfaction of the City’s Director of Planning. The Heritage Impact Assessment shall address the impact of the proposed development on the cultural heritage value and heritage attributes of the Ormston Heritage House, including the view to the Ormston Heritage House from New Dundee Road. d. The owner shall agree to protect and conserve the Ormston Heritage House through the following means, and to the satisfaction of the City’s Director of Planning: i. To keep the Ormston Heritage House occupied for as long as possible prior to commencement of site/construction work to prevent vandalism and deterioration; ii. To maintain the Ormston Heritage House in good and sound condition at all times prior to and during development of the property; and, iii. Should the Ormston Heritage House become vacant or unoccupied, to undertake the following: 1. To provide electronic monitoring of the premises with Direct Detect, or a commercially available security system, which is actively monitored by a security company and which provides for fire and smoke alarm monitoring; 2. To ensure ongoing property maintenance including snow removal and grass trimming; 3. To maintain the house in a ‘lived-in’ condition. This shall include providing interior lighting on timers; 4. To maintain heat within the building to ensure that essential building systems and structure are not damaged; Should the preceding measures not be undertaken to the satisfaction of the City’s Director of Planning, the following measures shall be undertaken: 5. Secure and protect the Ormston Heritage House from damage through procedures outlined in Article 34 (Vacant Heritage Property) of Chapter 665 (Property Maintenance) of the City’s Municipal Code; 6. Erect a “No Trespassing” sign in accordance with City specifications in a visible location on the property, indicating that the Ormston Heritage House is to be conserved on site and should not be vandalized and/or scavenged; and, 7. Install a fence around the perimeter of the Ormston Heritage House in accordance with City specifications to protect the building until the completion of construction in the subdivision or the commencement of long-term occupancy of the building as certified by the owner’s Heritage Consultant. e. That the owner shall prepare a Tree Preservation Plan for the severed lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved; and further, COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 107 - Submission No.: 1.B 2015-028 and A 2015-009 (Cont’d) That the owner agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. f. That the owner implements recommendations of the approved Servicing Report prepared in support of Consent Application B 2015-028 to the satisfaction of the City’s Director of Engineering Services. The house shall be required to connect to municipal services at such time as the house converts from a single residential dwelling unit, however the addition of a permitted home business use shall not trigger this requirement; and further, That the owner agrees to decommission any existing private wells and septic systems on the property in accordance with applicable laws and regulations, to the satisfaction of the City’s Director of Engineering and the Regional Commissioner of Planning, Development and Legislative Services. g. That the following warning clause be included in all offers to purchase and/or rental agreements: “Purchasers/tenants are advised that sound levels due to increasing road traffic on New Dundee Road (Regional Road 12) and Highway 401 may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Regional Municipality of Waterloo and the Ministry of the Environment and Climate Change. This clause not released without written authorization from the Regional Municipality of Waterloo.” 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 February 17, 2017. Carried Submission No. A 2015-009 Moved by Ms. J. Meader Seconded by Ms. P. Kohli That the application of Charlie Ormston requesting permission to have a minimum lot area of 20.9733 hectares rather than the required 40 hectares; and a minimum lot width of 97.81m (320.898’) rather than the required 300m (984.251’), on Part Lot 8, Beasley’s Old Survey, 508 BE APPROVED New Dundee Road, Kitchener, Ontario, . It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT FEBRUARY 17, 2015 - 108 - Submission No.: 1.B 2015-028 and A 2015-009 (Cont’d) 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 ADJOURNMENT On motion, the meeting adjourned at 10:40 a.m. Dated at the City of Kitchener this 17th day of February, 2015. Dianna Saunderson Secretary-Treasurer Committee of Adjustment