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HomeMy WebLinkAbout2017-03-21 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 21, 2017 MEMBERS PRESENT: Messrs. A. Head and B. McColl and Ms. P. Kohli. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Mr. G. Stevenson, Planner; Ms. D. Saunderson, Secretary- Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. A. Head, Vice-Chair, called this meeting to order at 10:01 a.m. MINUTES Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment held February 21, 2017, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2017-020 Applicants: 1836862 Ontario Inc. Property Location: 624 King Street West Legal Description: Part Lots 53 & 54, Registered Plan 376 Appearances: In Support: J. Fryett C. Hopwood R. Anwar Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a mixed-use commercial/residential building having off-street parking located 1.8m from the streetline rather than the required 4.5m; to provide 12 off-street parking spaces rather than the required 24 off- street parking spaces; and, to permit 1 off-street parking space to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. The Committee considered the report of the Planning Division, dated March 14, 2017, advising the subject property is located on the south-east corner of the King and Wellington Street intersection. The property is designated as Mixed Use Corridor in the K-W Hospital Neighbourhood Secondary Plan. The property is presently developed with a commercial building on the portion known as 624 King Street West and a single detached dwelling on 19 Wellington Street North. The properties will be merged on title and all buildings are proposed to be demolished to facilitate the new mixed use development consisting of ground floor commercial use and two floors of residential use above. COMMITTEE OF ADJUSTMENT MARCH 21, 2017 - 42 - 1. Submission No.: A 2017-020 (Cont’d) Through the Site Plan review process, three minor variances were identified to support the proposed mixed use development. The applicant has requested the variances as follows: 1. Relief from Section 6.1.1.a) v) to allow parking to be located 1.8 metres from the street line, rather than the required 4.5 metres. 2. Relief from Section 6.1.2 to provide 12 parking spaces rather than the required 24 spaces. 3. Relief from Section 5.3 to allow 1 parking space to be partially located within the driveway visibility triangle. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The variances meet the intent of the Official Plan for the following reasons. The Mixed Use Corridor designation supports intensive, transit-supportive development of an appropriate scale to typically serve the adjacent residential neighbourhoods allowing a range of commercial, institutional uses and multiple dwellings. The proposed development consists of ground floor commercial with two storeys of residential above. The mass of the building is oriented to the street, providing an appropriate separation to the abutting low-rise residential uses. The location of the development is within a short walking distance to shopping and public transit. The property is located on the King Street ION corridor and is proposed to be developed with onsite secured bicycle lockers as well as a dedicated car-share space, making the new development transit-supportive. The reduction in parking spaces meets the intent of the Zoning By-law for the following reasons. The MU-2 zoning category supports the proposed mixed-use development consisting of ground floor commercial and two storeys of residential above. The reduction in provided parking spaces is supportive of transit usage and the onsite bicycle storage lockers and dedicated car-share space will provide opportunities for residents or commercial users to not require a vehicle. Additionally, the commercial and residential users will have different peak times, creating a functional shared parking arrangement. The parking setback of 1.8 metres rather than the required 4.5 meters is in keeping with the intent of the By-law as the area between the parking and the property line, as well as the municipal right-of-way on Wellington Street North, will be landscaped, creating a visual barrier to the parking area which comprises only four parking spaces. The variance related to allowing one parking space to be partially located within the 4.57 metre DVT also meets the intent of the By-law, as the proposed location will not create a safety hazard or visual barrier to either pedestrians on the municipal sidewalk or vehicles on Wellington Street North, as adequate sight lines to both the sidewalk and road will be maintained. The variances are minor for the following reasons. The proposed variances meet the intent of the Official Plan and Zoning By-law while allowing for a new transit-supportive mixed-use development on the ION corridor. The requested variances will not have any impact on adjacent properties. The variances are appropriate for the development and use of the land for the following reasons. The subject property is of a size that can only support development of a certain proportion. The owner has been able to achieve a viable mixed-use development on the property in close proximity to the City’s new rapid transit facilities. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2017, advising they have no concerns with this application. Messrs. J. Fryett and R. Nowah and Ms. C. Hopwood were in attendance in support of the subject application and staff recommendation. Questions were raised regarding the encroachment into the DVT. Mr. Seller stated although he did not have the exact measurements at this time, he noted it was a very small encroachment and Transportation Services staff have no concerns. Mr. Seller further advised the number of proposed barrier-free spaces was sufficient for the subject development proposal. COMMITTEE OF ADJUSTMENT MARCH 21, 2017 - 43 - 1. Submission No.: A 2017-020 (Cont’d) In response to questions, Mr. Fryett referenced the plan submitted with the application, noting the location of a secure indoor bicycle locker that would allow for the 10 required spaces. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of 1836862 Ontario Inc. requesting permission to construct a mixed-use commercial/residential building having off-street parking located 1.8m from the streetline rather than the required 4.5m; to provide 12 off-street parking spaces rather than the required 24 off- street parking spaces; and, to permit 1 off-street parking space partially located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Part Lots 53 & 54, Registered Plan 376, 624 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall receive Site Plan approval of SP16/115/K/LT for development of a three-storey mixed-use building with 435sq.m. of ground floor commercial and 8 dwelling units on the two upper floors. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried 2. Submission No.: A 2017-021 Applicant: Masood Darr and Nasira Nasim Property Location: 320 Frederick Street Legal Description: Part Lots 14 & 15, Plan 111 Appearances: In Support: M. Darr N. Nasim Contra: None Written Submissions: J. and S. Paulitzki The Committee was advised the applicants are requesting permission to convert an existing duplex into a combined single detached dwelling and office space (accountant) to have a lot width of 12.1m rather than the required 15; a rear yard setback of 7.2m rather than the required 7.5m; and, to provide 2 off-street parking spaces rather than the required 3 off-street parking spaces. The Committee considered the report of the Planning Division, dated March 13, 2017, advising the subject property is located at 320 Frederick Street and contains a two storey dwelling. The applicants are proposing to convert the building into a ground floor office and dwelling unit on the upper floor. Minor variances are being requested as follows: 1. To permit a lot width of 12.1 metres, whereas section 44.3 of the Zoning By-law requires a minimum lot width of 15.0 metres; 2. To permit a rear yard setback of 7.2 metres, whereas section 44.3 of the Zoning By-law requires a minimum rear yard of 7.5 metres; and, COMMITTEE OF ADJUSTMENT MARCH 21, 2017 - 44 - 2. Submission No.: A 2017-021 (Cont’d) 3. To permit a 2 parking spaces, whereas section 6 of the Zoning By-law requires 3 parking spaces. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the followingcomments. The subject lands are designated Low Density Commercial Residential in the Central Frederick Secondary Plan. This designation permits a range of residential and office uses, and encourages conservation and continuance of the existing character of the area through long-term maintenance and improvements to existing architecture. The proposed use of office and dwelling unit in a mixed-use building are permitted by the designation, and driveways/access are to be directed to Frederick Street. Staff is of the opinion that the proposed development and requested variances maintain the intent of the Official Plan. The subject property is zoned Commercial Residential One (CR-1) Zone, 114R, 128U. The proposed office and dwelling unit are permitted in this zone. The owners have requested variances to three of the applicable regulations, as listed above. First, the owner is seeking to permit a lot width of 12.1 metres whereas 15 metres is required. The intent of having a 15 metre lot width is to ensure sufficient width to accommodate the length of parking stalls and a drive aisle. Staff have reviewed the application and the site context and are of the opinion that 12.1 metres is sufficient width to accommodate the 5.5 metre parking stall length and a drive aisle having a width of 6.6 metres. Transportation Services staff are of the opinion that the 12.1 metre lot width will functionally allow sufficient space for vehicles to access and use the parking lot. It is common for lots along Frederick Street to have rear yard parking lots built across the entire lot width to accommodate required parking, and many lots are between 12 and 15 metres wide (i.e. less than the By-law requirement). Based on the foregoing, staff are of the opinion that the intent of the By-law is maintained, that the proposed variance is minor and that it is appropriate for the development and use of the lands. The second requested variance is to permit a rear yard setback of 7.2 metres, rather than 7.5 metres. The intent of the 7.5 metre rear yard setback is to provide outdoor amenity space for residents (in a residential context) and to provide a consistent rear yard separation distance between neighbours (in a commercial context). Staff note survey plans show the house was originally constructed a bit ‘askew’ on the lot. Therefore, the western back corner of the house is approximately 7.2 metres from the rear lot line, whereas the eastern corner is setback nearly 7.5 metres. This situation has existed since the house was built (approx. 1910) and is considered legal non-complying for the current duplex dwelling. The proposed reduction would legalize the existing situation for the proposed office use, and does not allow buildings to be constructed any closer to the rear lot line than they are today. The amount of space available will allow the construction of two parking stalls, which is the same as if the property provided a 7.5 metre setback. The rear yard is proposed to be converted from private amenity space to parking to accommodate the proposed commercial use, and the proposed parking area is separated from rear yard neighbours by the neighbour’s detached garage and a wood fence. Based on the foregoing, staff are of the opinion that the intent of the By-law is maintained, the variance is minor and appropriate for the development and use of the lands. The third requested variance is to reduce the number of required parking spaces from 3 to 2. The proposed office requires 2 parking spaces (52m2 office at 1/28m2) and the second storey dwelling unit requires 1 parking space. The owners have indicated that their current tenant does not require parking, and that staff of the proposed office do not require parking spaces. Therefore, the owners have indicated that parking spaces will be available to clients, whose appointments are generally scheduled without overlap, and other visitors to the site. The City cannot verify or control how appointments are booked, and has very little control over the driving habits of staff of an office use. Should the office user change in the future, the required number of spaces may again be needed. As such, staff recommend that the required amount of parking continue to be required for the office space, and that any variance be considered for the dwelling unit only. Staff offer analysis based on a reduction of parking for the dwelling unit from 1 space to 0 spaces. The intent of parking regulations is to ensure there is sufficient parking available and the transportation needs of the current tenant, future tenants and visitors of the tenant can be met. First, the site is well located to take advantage of a variety of transportation options. A bus stop is COMMITTEE OF ADJUSTMENT MARCH 21, 2017 - 45 - 2. Submission No.: A 2017-021 (Cont’d) located directly in front of 320 Frederick Street, and the subject site is located in a walkable neighbourhood (walk score of 78/100 on walkscore.com), which means that there are a good variety of services, shopping and employment options within a comfortable walking distance. There are also car-share spaces located nearby in downtown Kitchener as another transportation alternative. As such, staff are of the opinion that a tenant would not require a personal vehicle to live in this location. However, staff are of the opinion that it is important for future tenants to be formally advised there is no parking available for the unit. Should the proposed variance be approved, staff recommend that the owner be required to enter into an agreement with the City of Kitchener, obligating them to advise tenants that no parking is available in lease/rental agreements. While a tenant may not require onsite parking, it is likely they will have visitors who may drive to the site. Staff consider this building to be a mixed-use building. As such, there is support for shared parking which can apply where uses do not have the same peak parking times. A schedule providing for shared parking scenarios has been tabled in the first draft of the City’s new Zoning By-law. The proposed table indicates that office uses have peak parking demands weekdays, while visitor parking for dwellings peaks evenings and weekends. As these peak demands are off-set, a parking reduction is to be included as-of-right in the proposed Zoning By- law. Staff are of the opinion that this site represents a good example of where shared parking can work well. Staff also note that on-street parking is available on nearby side streets and can help accommodate occasional parking overflows, the same as for residential use where there may be occasional need for parking which cannot be accommodated in one’s private driveway or parking area. Based on the foregoing, staff are of the opinion that the proposed variance to parking, to reduce the requirements of the dwelling unit from 1 to 0, meets the intent of the Zoning By-law, that it is minor and that it is appropriate for the development and use of the lands. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 27, 2017, advising although they have no concerns with this application, they noted portions of this property fronting Frederick Street (RR #06) are used for parking the vehicles. Any future development application on the above property may require 3.048m of dedicated road widening along the entire property frontage on Frederick Street. Therefore, it is noted that any parking in the front portions of the lands must not be considered to allow the above application or for any future applications on these lands. The Region would not support any reduced setbacks along Frederick Street. The Committee was in receipt of written comments from neighbouring property owners, dated February 19, 2017 regarding parking concerns. Mr. M. Darr and Ms. N. Nasim were in attendance in support of the subject application and staff recommendation. The Chair noted the written submission from neighbouring property owners who are in opposition to the subject application. Mr. Darr commented they have been in contact with the neighbour regarding their parking concerns. He acknowledged two incidents where moving trucks were at the subject property when vehicles parked at the neighbouring property, adding the drivers were immediately asked to move the vehicles. Ms. J. von Westerholt noted as soon as the tenants of the sites are more established at the subject property, the lots will be utilized for their intended purposes. She added there is already curbing between the two parking lots; however, the property owners could install fencing if it was their wish. Ms. Nasim stated the main floor will be used for an Accountant office and she would ensure her clients are aware of the parking options. The Chair noted the decision this date would be in place in perpetuity and consideration needs to be given to future uses as well. Mr. Darr stated he has spoken with the neighbours with regards to parking, and it was his intention to install signage to ensure his clients are aware of the parking parameters. COMMITTEE OF ADJUSTMENT MARCH 21, 2017 - 46 - 2. Submission No.: A 2017-021 (Cont’d) Mr. McColl reviewed the neighbour’s comments regarding an easement. Mr. Darr indicated they had initially discussed with the owners of the adjacent property regarding the possibility of obtaining an easement, adding they will continue to dialogue with the neighbour and an easement may be addressed at a later date. Moved by Ms. P Kohli Seconded by Mr. B. McColl That the application of Masood Darr and Nasira Nasim requesting permission to convert an existing duplex into a combined single detached dwelling and office space to have a lot width of 12.1m rather than the required 15; a rear yard setback of 7.2m rather than the required 7.5m; and, to provide 2 off-street parking spaces rather than the required 3 off-street parking spaces, on Part Lots 14 & 15, Plan 111, 320 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance reducing parking requirements from 3 to 2 shall be considered to apply so that one dwelling unit shall be permitted with 0 parking spaces, and permitted non-residential uses must provide parking in accordance with Zoning By-law regulations. 2. That the owner shall obtain a Building Permit for the partial change in use of the building and for the removal and replacement of stairs (side and rear). 3. That the owner shall obtain a Zoning (Occupancy) Certificate from the Planning Division. 4. That the owner shall obtain a Sign Permit from the Planning Division. 5. That the owner shall obtain Site Plan Approval to the satisfaction of the City’s Manager of Site Development and Customer Service. Any required site development works shall be completed prior to occupancy of the proposed office and to the satisfaction of the Manager of Site Development and Customer Service. Failure to fulfill this condition will result in this approval becoming null and void. 6. 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 subject lands, agreeing to include a provision in all rental or lease agreements for the dwelling unit advising tenants that no on-site parking is included or provided for the subject dwelling unit. 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. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Carried COMMITTEE OF ADJUSTMENT MARCH 21, 2017 - 47 - CONSENT APPLICATIONS: 1. Submission Nos.: B 2017-004 Applicant: Cook Homes Ltd. Property Location: 50 Pinnacle Drive Legal Description: Lots 8-11, 20-24 and Part Lots 12 to 19, 27 and 30 and Part of Head Street and Part of Elgin Street, Registered Plan 578 and Part of Block 10, Registered Plan 1480 Appearances: In Support: C. Pidgeon C. Code K. Barisdale O. John Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to grant an irregular-shaped easement having a general width of 6m in favour of 69 Amherst Drive for storm services. The Committee considered the report of the Planning Division, dated March 13, 2017, advising Application B 2017-004 is requesting permission for a servicing easement across and through 50 Pinnacle Drive in favour of 69 Amherst Drive. The easement is required to accommodate future private servicing for storm water and sanitary sewer infrastructure for the future development of 69 Amherst Drive. The subject property is designated as Low Rise Residential with Special Policy Area 16 in the City’s Official Plan and zoned as Residential Three (R-3) with Special Use Provision 319U in the Zoning By-law. 50 Pinnacle Drive is currently subject to Zone Change Application ZC16/011/P/GS to change the zoning of the subject lands to Residential Six (R-6) to permit a 7-unit cluster townhouse development. 69 Amherst Drive is currently subject to Official Plan Amendment Application OP15/01/A/GS and Zone Change Application ZC15/01A/GS to permit the development of the property with housing marketed towards students comprising of a 47-unit stacked townhouse development with 40 individual lodging houses (four bedroom units), 6 two-bedroom dwelling units, as well as 1 three-bedroom supervisor dwelling unit. The current Official Plan Amendment and Zone Change Applications will be decided by Kitchener City Council and Regional Council in future. The application before the Committee of Adjustment is limited to the requested easement. Planning staff is of the opinion that the proposed easement is appropriate as it provides a suitable servicing arrangement for 69 Amherst Drive. Planning staff are recommending a condition of this approval to require the owners 50 Pinnacle Drive and 69 Amherst Drive to prepare and receive approval of a shared maintenance agreement that will be reviewed by the City and registered as part of the easement. Based on the foregoing, Planning staff recommends that Application B 2017-004 requesting a six metre wide easement, as well as an easement over an area that is 28.5m x 30.7m, across and through 50 Pinnacle Drive in favour of 69 Amherst Drive be approved. A Functional Servicing Report was prepared by Meritech Engineering showing a servicing scheme for sanitary sewer and storm water drainage/management. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated March 10, 2017, advising they have no objection to this application. Mr. C. Pidgeon and Ms. S. Code were in attendance in support of the subject application and staff recommendation. Mr. Pidgeon provided a brief overview of the subject application, noting through the Site Plan Approval Process an easement for storm services was required for the adjacent COMMITTEE OF ADJUSTMENT MARCH 21, 2017 - 48 - 1. Submission No.: B 2017-004 (Cont’d) property municipally addressed as 69 Amherst Drive. He further advised the applicant is aware of the possible risks of an appeal to the Ontario Municipal Board (OMB) related to active Official Plan Amendments and/or Zone Change Applications and is comfortable with receiving Committee approval this date. In response to questions, Mr. G. Stevenson advised staff have not recommended a condition tying the Committee’s decision to the pending Official Plan Amendments or zone changes, as depending on any possible OMB appeals, the applicant may not be able to complete their conditions within one year. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Cook Homes Ltd. requesting permission to grant an irregular-shaped easement having a general width of 6m in favour of 69 Amherst Drive for sanitary and storm services, on Lots 8-11, 20-24 and Part Lots 12 to 19, 27 and 30 and Part of Head Street and Part of Elgin Street, Registered Plan 578 and Part of Block 10, Registered Plan 1480, 50 Pinnacle Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Tax Certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .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 provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 4. That a draft reference plan showing the proposed easement be approved by the City’s Director of Planning. 5. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the servicing easement is maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement(s). 6. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 7. That the City Solicitor be provided with copies of the registered Transfer Easement(s) and joint maintenance agreement immediately following registration. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca COMMITTEE OF ADJUSTMENT MARCH 21, 2017 - 49 - 1. Submission No.: B 2017-004 (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 March 21, 2019. Carried 2. Submission Nos.: B 2017-005 Applicant: Danik, Blossom and Rhea Daniels Property Location: 35 Belmont Avenue West Legal Description: Lots 402 to 404 and Lot 19, Registered Plan 786 Appearances: In Support: D. Daniels Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 16.3m, an easterly depth of 45.6m and an area of 651 sq.m. The retained land will have a width of 19.4m, a westerly depth of 45.6 and an area of 845 sq.m. Both parcels will continue to be a residential use. The Committee considered the report of the Planning Division, dated March 8, 2017, advising the subject property located at 35 Belmont Avenue West is zoned Residential Four (R-4) with Special Use Provision 329U in Zoning By-law 85-1 and designated Low Rise Residential in the City’s Official Plan. The lands are currently developed with a residential care facility. The applicant is proposing to convert the residential care facility back to a single detached dwelling and construct a semidetached dwelling on the severed lands. To accommodate the off street parking space on the retained lands the applicant intends to create an internal parking space in the existing building. The applicant is requesting consent to sever the subject property into two lots. The severed lot would have a frontage of 16.3 metres, a depth of 39.8 metres, and an area of 651 square metres to accommodate a semi-detached dwelling, while the retained lot would have a frontage of 19.4 metres, depth of 39.8 metres, and an area of 845 square metres to accommodate a single- detached dwelling. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990. c.P. 13, the uses of both the severed and retained parcels are in conformity with the City’s Official Plan and Zoning By-law 85-1. Planning staff are 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 the configuration of the proposed lots can be considered appropriate for the use of the lands. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services, dated March 10, 2017, advising although they have no objection to this application, they note the proposed development will be impacted by traffic noise from Belmont Avenue West. Regional staff has no objections to the proposed applications subject to the following conditions: 1. That, prior to final approval, the applicant submits payment to the Region the Consent Application Review Fee of $350.00. 2. That, prior to final approval, the applicant enter into a Registered Development Agreement with the City of Kitchener to include the following conditions in all offers of purchase/sale, or rental agreements for all residential units: COMMITTEE OF ADJUSTMENT MARCH 21, 2017 - 50 - 2. Submission No.: B 2017-005 (Cont’d) a. That all units be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. b. Purchasers/tenants are advised that sound levels due to increasing road traffic on Belmont Avenue West may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the City of Kitchener and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the City of Kitchener and the Environment and Climate Change (MOECC). Mr. D. Daniels was in attendance in support of the subject application and staff recommendation. The Chair indicated conditions were requested by the Region of Waterloo. Mr. Daniels noted he had no objections to the proposed conditions. Moved by Ms. P. Kohli Seconded by Mr. B. McColl That the application of Danik, Blossom and Rhea Daniels requesting permission to sever a parcel of land having a width of 16.3m, an easterly depth of 45.6m and an area of 651 sq.m., on Lots 402 to 404 and Lot 19, Registered Plan 786, 35 Belmont Avenue West, Kitchener, Ontario,BE APPROVED, 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 $7,498.00 equal to 5% of the value of the lands to be severed. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the (severed lands and/or retained) lands. 5. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping and a paved driveway ramp, on the severed lands. 6. That the owner shall provide a servicing plan and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the owner shall provide Engineering Services 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 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. COMMITTEE OF ADJUSTMENT MARCH 21, 2017 - 51 - 2. Submission No.: B 2017-005 (Cont’d) 8. 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. 9. 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 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. 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. c. The owner agrees to submit building elevation drawings to the satisfaction of the Director of Planning. 10. That the owner shall obtain a Building Permit to create the legal internal (garage) parking space on the retained lands. The parking space must be created prior to creation of the new lot. 11. That the owner shall submit payment to the Region of Waterloo the Consent Application Review Fee of $350.00. 12. That the owner shall enter into a Registered Development Agreement with the City of Kitchener to include the following conditions in all offers of purchase/sale, or rental agreements for all residential units: a. That all units be constructed with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. b. Purchasers / tenants are advised that sound levels due to increasing road traffic on Belmont Avenue West may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the City of Kitchener and the Ministry of the Environment and Climate Change (MOECC). This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the City of Kitchener and the Environment and Climate Change (MOECC). 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 MARCH 21, 2017 - 52 - 2. Submission No.: B 2017-005 (Cont’d) Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 21, 2019. Carried ADJOURNMENT On motion, the meeting adjourned at 10:16 a.m. Dated at the City of Kitchener this 21st day of March, 2017. Dianna Saunderson Secretary-Treasurer Committee of Adjustment