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HomeMy WebLinkAboutCA - 2018-03-20 COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:04 a.m. Present: Mr. A. Head, Vice-Chair Mr. B. McColl Ms. J. Meader Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst L. Tansley, Assistant City Solicitor G. Stevenson, Planner C. Dumart, Junior Planner Ms. D. Saunderson, Secretary-Treasurer Ms. H. Dyson, Administrative Clerk. MINUTES Moved by Mr. B. McColl Seconded by Ms. J. Meader That the regular minutes of the Committee of Adjustment meeting held February 20, 2017, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2018-029 Applicant: Emmanuel Bible College Property Location: 110, 130 and 136 Fergus Avenue Legal Description: Lot 54, Part Farm Lot, Plan 589 and Part Lot 56, Plan 690 Ms. J. Meader declared a pecuniary interest with this application as she has represented the applicant with regards to the subject application. As such, she did not participate in any discussion or voting with respect to this application and left the meeting at this time. Appearances: In Support: M. Connell J. Voss P. Leveck N. Hynes S. Roy Contra: S. Phillips D. Calvert J. Wilson Written Submissions: Neighbourhood Petition Ms. D. Saunderson requested, and it was agreed that the Committee pass a motion to go in- camera to receive solicitor-client privilege involving the disposition of the subject application. On motion by Mr. B. McColl - it was resolved: “That an in-camera meeting of Committee of Adjustment be held this date to consider a matter subject to solicitor-client privilege involving the disposition of the subject application.” COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 54 - CITY OF KITCHENER 1. Submission No.: A 2018-029 (Cont’d) The Committee recessed at 10:07 a.m. and reconvened at 10:18 a.m., Chaired by Mr. A. Head with all members present except Ms. J. Meader. Mr. M. Connell addressed the Committee in opposition to the recommendation as outlined in the staff report. He stated he wished to submit a presentation in response to the staff report; however, it was not available at this time as they did not expect to be called until later in the agenda. The Chair stated, and it was agreed, that the application be set aside at this time and called in the order it was listed on the agenda to allow for an opportunity to consider presentation. Ms. J. Meader re-entered the meeting at this time. 2. Submission No.: A 2018-022 Applicant: Werner Bromberg Limited Property Location: 205 West Oak Trail Legal Description: Parts 2, 3 & 4 on Reference Plan 58R-18664 Appearances: In Support: M. Gereghty Contra: V. Salim Written Submissions: None The Committee was advised the applicants are requesting permission to construct a multi- residential development containing 92-units having a side-yard abutting West Oak Trail of 1.5m rather than the required 4.5m; a minimum rear yard setback of 2m rather than the required 7.5m; and, a minimum side yard abutting a residentially zoned property of 6m rather than the required 7.5m. The Committee considered Community Services Department report CSD-18-054 dated March 12, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated February 8, 2018, advising they have no concerns with this application. Ms. M. Gereghty was in attendance in support of the subject application and staff recommendation. She stated the multi-residential development has already received Site Plan Approval in principle. She provided a brief overview of the subject application, advising the variances being requested are technical in nature as the site is irregular in shape. She advised the property width on West Oak Trail is being treated as a front yard, whereas the Zoning By-law regulations identify the front yard as being located on Postmaster Drive. She indicated in order to address the re-orientation, minor variances are required. Ms. V. Salim addressed the Committee in opposition to the subject application. She indicated she owns a property adjacent to the proposed development and although the Site Plan indicates a fence will be constructed between her property and the subject property, it has yet to be constructed. She expressed concerns related to the safety of her children and the debris from the site through the construction phase. Ms. Gereghty acknowledged a fence is proposed as part of the Site Plan approval process and she would relay the neighbour’s concerns with the Builder in an endeavour to address the fence construction earlier than intended. In response to questions, Ms. J. von Westerholt advised the installation of a fence would likely be through the latter part of the construction process, adding that would be addressed through the Site Plan Approval process. In response to questions, Ms. von Westerholt advised consideration was given when reviewing the proposed development to mimic the streetscape of the townhomes already in existence on COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 55 - CITY OF KITCHENER 2. Submission No.: A 2018-022 (Cont’d) West Oak Trail. She further advised the Site Plan has also taken into consideration with respect to additional landscaping requirements for the site as well as the installation of a fence around portions of the development. A motion was brought forward by Ms. J. Meader to approve the subject application with an additional condition that the owner be required to install a permanent or temporary impermeable fence adjacent to any existing abutting residential lands through the Site Plan approval process, to the satisfaction of the Director of Planning prior to site alteration. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of WERNER BROMBERG LIMITED requesting permission to construct a multi-residential development containing 92-units having a side-yard abutting West Oak Trail of 1.5m rather than the required 4.5m; a minimum rear yard setback of 2m rather than the required 7.5m; and, a minimum side yard abutting a residentially zoned property of 6m rather than the required 7.5m, on, Part Lot 153, German Company Tract, being Parts 2, 3 & 4 on Reference Plan 58R-18664, 205 West Oak Trail, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner, through the Site Plan Approval process, shall install a permanent or temporary impermeable fence along the lot lines abutting existing residential dwellings prior to site alteration to the satisfaction of the Director of Planning. 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 3. Submission No.: A 2018-023 Applicant: Jonathan Finn Property Location: 51 Simon Street Legal Description: Part Lots 9 & 10, Registered Plan 83 Mr. B. McColl declared a pecuniary interest a member of his family has worked with the applicant on the development proposal. As such, he did not participate in any discussion or voting with respect to this application and left the meeting at this time Appearances: In Support: G. Whiting E. Laing Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to reconstruct an attached garage on an existing single detached dwelling having a northerly side yard setback of 0.29m rather than the required 1.2m. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 56 - CITY OF KITCHENER 3. Submission No.: A 2018-023 (Cont’d) The Committee considered Community Services Department report CSD-18-055 dated March 9, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated March 6, 2018, advising they have no concerns with this application. Mr. G. Whiting and Ms. E. Laing were in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. A. Head That the application of JONATHAN FINN requesting permission to reconstruct an attached garage on an existing single detached dwelling having a northerly side yard setback of 0.29m rather than the required 1.2m, on Part Lots 9 & 10, Registered Plan 83, 51 Simeon Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit revised building drawings to update the scope of work of the current issued building permit by September 1, 2018. 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. 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 Mr. B. McColl re-entered the meeting at this time. 4. Submission No.: A 2018-026 Applicant: Primeland Developments (2003) Limited Property Location: 70 Castlebay Street Legal Description: Lot 17, Registered Plan 58M-607 Appearances: In Support: N. Bogaert Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having driveway located 7.353m from the intersection of Castlebay Street and Renfrew Street rather than the required 9m setback. The Committee considered Community Services Department report CSD-18-058 dated March 12, 2018, recommending approval of this application subject to the conditions outlined in the Report The Committee considered the report of the Region of Waterloo, Transportation Planner dated March 6, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 57 - CITY OF KITCHENER 4. Submission No.: A 2018-026 (Cont’d) Mr. N. Bogaert was in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of PRIMELAND DEVELOPMENTS (2003) LIMITED requesting permission to construct a single detached dwelling having driveway located 7.075m from the intersection of Castlebay Street and Renfrew Street rather than the required 9m setback, on Lot 17, Registered Plan 58M-607, 70 Castlebay Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. 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, acknowledging that the driveway and driveway apron must be setback 1.5 metres from the fire hydrant. 2. That the owner shall obtain a building permit to the satisfaction of the Chief Building Official. 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. 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 5. Submission No.: A 2018-027 Applicant: Primeland Developments (2003) Limited Property Location: 156 Rockcliffe Drive Legal Description: Lot 8, Registered Plan 58M-607 Appearances: In Support: N. Bogaert Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having driveway located 7.075m from the intersection of Rockcliffe Drive and Tartan Avenue rather than the required 9m setback. The Committee considered Community Services Department report CSD-18-059 dated March 12, 2018, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated March 6, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 58 - CITY OF KITCHENER 5. Submission No.: A 2018-027 (Cont’d) Mr. N. Bogaert was in attendance in support of the subject application and staff recommendation. Mr. B. McColl stated this application is similar to the previous application for 70 Castlebay Street. He requested a similar condition be imposed as part of the Committee’s decision to require the applicant to obtain a building permit. Mr. Bogaert advised he had no objection to the condition as proposed. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of PRIMELAND DEVELOPMENTS (2003) LIMITED requesting permission to construct a single detached dwelling having driveway located 7.353m from the intersection of Rockcliffe Drive and Tartan Avenue rather than the required 9m setback, on Lot 8, Registered Plan 58M-607,156 Rockcliffe Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit to the satisfaction of the Chief Building Official. 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. 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 6. Submission No.: A 2018-028 Applicant: Amanda Waters Property Location: 66 West Avenue Legal Description: Subdivision of Lot 17, Part Lot 29, German Company Tract Appearances: In Support: R. Zycki Contra: C. Visutski Y. Leu Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a rear yard setback of 3.56m rather than the required 7.5m; and, a front yard setback of 1.9m rather than the required 4.5m. The Committee considered Community Services Department report CSD-18-060 dated March 9, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated March 6, 2018, advising they have no concerns with this application. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 59 - CITY OF KITCHENER 6. Submission No.: A 2018-028 (Cont’d) The Committee considered the report of the Grand River Conservation Authority (GRCA) advising the proposed plan does not meet City or GRCA policies for development in the flood fringe portion of the floodplain. Accordingly, revised plans are required that demonstrate conformance with flood fringe policies. As it is unknown at this time if the revised plans will affect the requested variances, GRCA staff recommend deferral of this application. Mr. R. Zycki addressed the Committee in support of the subject application and the staff recommendation. Messrs C. Visutski and Y. Leu, neighbouring property owners, addressed the Committee in opposition to the subject application. They expressed concerns with the size of the proposed dwelling, noting their homes are approximately 1,000 sq.ft. and the applicant is proposing a dwelling double in size. Further concerns were raised regarding snow removal and water run-off, specifically how the property owner plans to address those matters; and, whether the lot can accommodate a house that is approximately 2,200 sq.ft. In response to questions, Ms. J. von Westerholt advised the subject application would permit the property owner to construct a dwelling that would mimic the streetscape currently existing on West Avenue. She indicated one of the matters taken into consideration through the Residential Intensification in Established Neighbourhoods Study (RIENS) was a consistent streetscape. She noted if the applicant did not receive the variance for the front yard setback, the house would not be in line with the other dwellings on the street. She further advised there would be no rear yard amenity space and the property owner would have difficulty accommodating on-site parking. In response to questions regarding the permitted lot coverage, Mr. Zycki advised the Zoning By- law permits a lot coverage of 45%. He addressed some of the concerns raised by the neighbours, noting drainage concerns would no longer be an issue as he is required to connect to the storm sewer as part of the re-development. He further advised the drawings submitted with the subject application are preliminary and would still need to be vetted with the Planning Department. He indicated the only variances he was requesting were related to the front and rear yards, noting the side yard setbacks required by the Zoning By-law would be maintained. He indicated he was proposing a larger home than those in existance in the general vicinity because it is located within the GRCA regulated area and a basement is not permitted. He stated to achieve a larger, more liveable home, the square footage for the proposed dwelling was being increased from what previously existed. Mr. B. McColl noted the comments from Transportation Services regarding the encroachment into the Driveway Visibility Triangle (DVT). In response to questions, Mr. D. Seller advised Transportation Services cannot support an encroachment into the DVT as the property is considered a new-build and should conform with the minimum DVT requirements. Ms. J. Meader questioned the location of the previous dwelling and whether it was located within the DVT. Mr. G. Stevenson advised the proposed dwelling is in the same location as the previous dwelling, which was destroyed by a fire. He indicated the previous dwelling had a front porch, whereas the applicant is proposing a dwelling that would be inclusive of the front porch area. He stated his opinion the encroachment into the DVT had competing objectives; noting maintaining the streetscape was a greater objective. In response to further questions, Mr. Stevenson advised staff are unable to confirm this date the design of the proposed building and whether the property owner is able to maintain the DVT, adding that would depend on the final building design. He stated he has undertaken a review of the dwellings in the vicinity of the subject property and it appears the DVT deficiency is consistent. Ms. J. Meader stated although she has some reservations about approving the front yard setback, it is somewhat in keeping with what previously existed on the subject property. In response to the comments regarding the rear amenity space, she noted the lot is irregular in shape and the proposed outdoor amenity space seems similar to what is currently in existence on the neighbouring property municipally addressed as 68 West Avenue. In regards to the staff COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 60 - CITY OF KITCHENER 6. Submission No.: A 2018-028 (Cont’d) recommendation, she is unable to support Condition 1 as proposed, as the applicant has provided drawings of the subject application in support of the proposed variances and she is of the opinion staff do not have the authority to request site plan and elevation drawings for a residential dwelling. Questions were raised regarding Condition 3 related to the approval from the Grand River Conservation Authority (GRCA). Mr. Stevenson advised he had spoken with the GRCA and they were not in opposition of the application; however, the applicant would still be required to update the drawings through the building permit approval process. The Chair requested clarification on Condition 1 as outlined in the staff report regarding the submission of site and building elevation drawings to confirm the appropriateness of the proposed development. Ms. von Westerholt advised the condition is typically imposed with single detached dwellings in established neighbourhoods to address potential compatibility issues that other residents in the area may be concerned with. She noted the condition is not a Section 41 Site Plan Approval process; rather, it allows Planning staff to review the proposed elevations to provide some assurance to those neighbours in opposition that the proposed dwelling would be compatible. The Chair indicated concerns with the proposed encroachment into the DVT, stating in his opinion the encroachment is a significant reduction. He stated considering the proposed massing of the site and the fact that the proposed dwelling does not have a front porch similar to other houses in the vicinity, he felt Condition 1 would provide some assurances that the integrity of the streetscape is being maintained. He referenced the drawings submitted with the application, noting they are not final elevation drawings, adding staff would have further opportunity to review the proposed dwelling for compatibility. Questions were raised regarding the proposed foundation and basement size. Mr. Zycki advised there is the potential for a small crawl space for a basement; however, he would not be permitted anything beyond that. The Chair stated the drawings submitted with the application are identified as a concept of the proposed dwelling. He stated in his opinion Condition 1, as outlined in the staff report, would provide a compromise for the neighbours in attendance this date who have expressed concerns with the subject application. Ms. Meader stated in her opinion, if Zoning By-law relief is being sought, the application should include final drawings for the proposed development. She added, Condition 1 would be a further approval outside of the Committee of Adjustment and is not typically how variances are be granted. She indicated the Committee’s approval is a right-of-permission and further approvals delegated to staff should not be permitted outside of that process. The Chair suggested consideration be given to deferring the application to allow the applicant an opportunity to provide more accurate drawings on the proposed development prior to the Committee’s consideration. He indicated those drawings may provide greater assurances to satisfy the concerns raised by the neighbours. Mr. Zycki stated he has made applications to the Committee in the past and had consulted with staff after receiving approval from the Committee on the final elevations etc. for the proposed structure. He indicated he submitted the subject application under the assumption he could work with staff on the final design following the Committee’s decision. He indicated he had no concerns with the recommendation as outlined in the staff report and requested the Committee consider approving the application this date to allow him an opportunity to finalize the design with staff at a later date. Moved by Ms. J. Meader Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 61 - CITY OF KITCHENER 6. Submission No.: A 2018-028 (Cont’d) That the application of AMANDA WATERS requesting permission to to construct a single detached dwelling having a rear yard setback of 3.56m rather than the required 7.5m; a front yard setback of 1.9m rather than the required 4.5m; and, and encroachment into the Driveway Visibilty Triangle (DVT) whereas the By-law does not permit encroachments into the DVT, on Subdivision of Lot 17, Part Lot 29, German Company Tract, 66 West Avenue, Kitchener, BE DEFERRED, to the December 11, 2018 Committee of Adjustment meeting or an earlier date if a finalized Site Plan and elevation drawing can be submitted and the application can be rescheduled accordingly. Carried 7. Submission No.: A 2018-029 Applicant: Emmanuel Bible College Property Location: 110, 130 and 136 Fergus Avenue Legal Description: Lot 54, Part Farm Lot, Plan 589 and Part Lot 56, Plan 690 Appearances: In Support: M. Connell J. Voss P. Leveck N. Hynes S. Roy Contra: S. Phillips D. Calvert J. Wilson Written Submissions: Neighbourhood Petition The Committee was advised the applicants are requesting permission to construct a multi- residential development on the severed land referenced in Consent Application B 2017-040 having a 102 unit, four-storey residential apartment building and 35 townhouse units on lands designated under the City’s Official Plan as Institutional and Low Rise Residential having a maximum building height for the apartment building of 12.5m rather than the permitted maximum height of 10.5m; easterly and westerly side yard setbacks of 6m rather than the required 6.25m; a maximum Floor Space Ratio (FSR) of 0.853 rather than the permitted FSR of 0.6; to permit 171 off-street parking spaces (1.25 spaces/per unit) rather than the required 206 off-street parking spaces (1.5 spaces/per unit); and, to provide 34 visitor parking spaces (17% of the required parking) rather than the required 41 visitor parking spaces (20% of the required parking). The Committee considered Community Services Department report CSD-18-061 dated March 9. 2018, recommending refusal of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner dated March 6, 2018, advising they have no concerns with this application. The Chair questioned whether the applicant is willing to accept a deferral this date. Mr. Connell indicated he was prepared to make a presentation in support of the application, noting it was the applicants wish to have the application considered this date. Messrs. M. Connell, P. Leveck, S. Roy and Ms. J. Voss and Ms. N. Hynes were in attendance in support of the subject application. Mr. Connell addressed the Committee in opposition to the staff recommendation. He circulated a presentation to the Committee providing a summary of the application and his opinion as to why the application should be considered by the Committee this date. Mr. Connell provided an overview of the application, stating the Zoning By-law permits multiple dwellings and street town-houses as-of-right, adding the applicant and Planning staff have a difference of opinion on whether the application meets the intent of the Official Plan. He indicated COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 62 - CITY OF KITCHENER 7. Submission No.: A 2018-029 (Cont’d) in his opinion, the ‘Institutional’ policies of the 2014 Official Plan are not in force and effect because they are under appeal and in fact the 1994 Official Plan with respect to this parcel are Mixed Use Node Policies. He stated the application is a request for Zoning controls and although the applicant has not submitted a formal Site Plan application, the requests before the Committee this date are not Site Plan Approval matters. Ms. Voss stated the applicant has had a Pre- Submission Site Plan meeting with staff who addressed issues related to Parkland Dedication and a Tree Management Plan. She indicated since that time those issues have been addressed with the relevant staff, advising the original Site Plan identified a park dedication of 0.07 hectares, which has since been increased to .102 hectares in land. She advised the increase in parkland dedication has decreased the variance requested for Floor Space Ratio (FSR) from 0.85 to 0.848, noting no other changes to the application were proposed. Ms. Voss provided a brief overview of the other proposed variances and requested the Committee to consider approving the subject application this date. In response to questions, Ms. Voss advised that they have not yet obtained Site Plan Approval in principle for the development. She indicated staff has taken the position that an Official Plan Amendment and Zone Change application would be required, adding a Site Plan Approval application has not yet been submitted. Messrs S. Phillips, D. Calvert and Ms. J. Wilson addressed the Committee in opposition to the application and in support of the staff recommendation to refuse the subject application. They addressed concerns regarding: the notification process related to the subject application; increased traffic and density on Fergus Avenue; and, concerns for pedestrian safety. In response to questions, Mr. C. Dumart advised the subject property has a split Zoning, which includes residential and institutional. He indicated residential uses on the subject property would be permitted if it was associated with an institutional use. Questions were raised regarding a Traffic Study and whether it would be required for the subject application. Mr. D. Seller advised a Traffic Study would be requested through a Zone Change Process. The Chair referenced the various staff departments outlined in the staff report which have indicated there is insufficient information was provided to adequately comment on the subject application. He stated in his opinion, the Committee is not in a position this date to consider the variances as requested. Mr. B. McColl stated in his opinion the project appears to be a good concept, adding it was unfortunate the Committee had only received the presentation this date as the issues addressed in the staff report appear to be very complex. He further advised the questions raised by staff should have been addressed prior to the application coming to the Committee for consideration. He indicated it may be more appropriate if the application was deferred to allow the applicant an opportunity to address the questions raised by staff, adding in his opinion, the application does meet some of the policy objectives for the Places to Grow Act. The Chair stated his preference was to refuse the application this date. He questioned whether staff would have a difference of opinion following further dialogue with the application. Ms. J. von Westerholt advised staff’s position is clear, adding it is premature to make any kind of decision this date with the information that was provided. Mr. Connell stated they are currently at an impasse with City staff on the character of the application. A motion was brought forward by Mr. B. McColl to defer the subject application to the September 18, 2018 Committee of Adjustment meeting, or an earlier date if the applicants are able work with staff to come to an agreement regarding the concerns outlined in the Report, at which time the application could be rescheduled accordingly. Moved by Mr. B. McColl Seconded by Mr. A. Head COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 63 - CITY OF KITCHENER 7. Submission No.: A 2018-029 (Cont’d) That the application of EMMANUEL BIBLE COLLEGE requesting permission to construct a multi-residential development on the severed land referenced in Consent Application B 2017-040 having a 102 unit, four-storey residential apartment building and 35 townhouse units on lands designated under the City’s Official Plan as Institutional and Low Rise Residential having a maximum building height for the apartment building of 12.5m rather than the permitted maximum height of 10.5m; easterly and westerly side yard setbacks of 6m rather than the required 6.25m; a maximum Floor Space Ratio (FSR) of 0.853 rather than the permitted FSR of 0.6; to permit 171 off-street parking spaces (1.25 spaces/per unit) rather than the required 206 off-street parking spaces (1.5 spaces/per unit); and, to provide 34 visitor parking spaces (17% of the required parking) rather than the required 41 visitor parking spaces (20% of the required parking), on Lot 54, Part Farm Lot, Plan 589 and Part Lot 56, Plan 690, 110, 130 and 136 Fergus Avenue, BE DEFFERED,to the September 18, 2018 Committee of Adjustment meeting to allow for an opportunity for the applicant to work with staff and come to an agreement regarding the concerns outlined in the Report, if an agreement is reach prior to the September meeting, the application may be rescheduled accordingly. Carried The Committee recessed at 12:42 p.m. and reconvened at 12:48 a.m., Chaired by Mr. A. Head with all members present. CONSENT APPLICATIONS: 1. Submission No.: B 2018-016 Applicants: Roy and Murielle Stewart Property Location: 3 Chapel Hill Drive Legal Description: Lot 5, Plan 1123 Appearances: In Support: None Contra: N. Richardson Written Submissions: M. Nielson The Committee was advised the applicants are requesting permission to sever a parcel of land having a width of 30.734m, a depth of 40.931m and an area of 1206 sq.m. The retained land will have a width of 45.669m, a depth of 25m and an area of 1094 sq.m. Permission is also being requested to grant an easement over the severed land having a width of 5m, a length of 21m and an area of 105 sq.m. in favour of the retained lands for sanitary services. Both lots will continue to be a residential use. The Committee considered email correspondence from the applicants requesting deferral of the subject application to allow an opportunity to address concerns raised by the City’s Engineering Division regarding the proposed easement and a new Notice of Hearing be published. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of Roy and Murielle Stewart requesting permission to sever a parcel of land having a width of 30.734m, a depth of 40.931m and an area of 1206 sq.m. The retained land will have a width of 45.669m, a depth of 25m and an area of 1094 sq.m. Permission is also being requested to grant an easement over the severed land having a width of 5m, a length of 21m and an area of 105 sq.m. in favour of the retained lands for sanitary services, on Lot 5, Plan 1123, 3 Chapel Hill Drive, BE DEFERRED, for an opportunity for the application to revise the subject applications and new Notice of Hearing be published. Carried COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 64 - CITY OF KITCHENER 2. Submission Nos.: B 2018-017 to B 2017-019 Applicant: Novacare (83 Elmsdale Dr) Inc. Property Location: 83 Elmsdale Drive Legal Description: Part Lots 3 and 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026 Appearances: In Support: H. Price H. Jung M. Cheon Contra: S. Mohlman K. Burrows J. Burrows Written Submissions: None The Committee was advised the applicant is requesting permission to sever 2 parcels of land for residential development and retain 1 parcel for future commercial mixed-use development. Severed Parcel ‘A' identified on the plan submitted with the application will have a width on Elmsdale Drive of 46.7m, a northerly depth of 180.7m and an area of 0.96 ha, which will require a 4m wide easement at the rear of the property in favour of Parcel ‘B’ for servicing; and, a 5.05m wide easement on the southerly side yard property line in favour of Parcels ‘B’ and ‘C’ for mutual access, fire routing and servicing. Severed Parcel ‘B' identified on the plan submitted with the application will have a width on Elmsdale Drive of 52.6m, a southerly depth of 164.6m and an area of 1.19 ha, which will require a 5.05m wide easement on the northerly property line in favour of Parcels ‘A’ and ‘C’ for mutual access, fire routing and services. The retained land identified as Parcel ‘C’ on the plan submitted with the application will be irregular in shape having a width on Ottawa Street South of 265.4m and an area of 2.66 ha, which will require a 10.1m wide ‘L’ shaped easement having a width on Ottawa Street South in favour of Parcels ‘A’ and ‘B’ for mutual access, fire routing and servicing. The Committee considered Community Services Department report CSD-18-063 dated March 12, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 12, 2018, advising they have no objection to these applications, subject to the following conditions: B 2018-017 (Parcel ‘A’): 1. That prior to final approval, the applicant enter into a Registered Development Agreement that will require the owner of the parcel to provide a detailed stationary and traffic noise study, prior to site plan approval, and, if required, enter into a Registered Development Agreement with the Regional Municipality of Waterloo and/or City of Kitchener for implementation of the study’s recommendations. B 2018-018 (Parcel ‘B’) and B 2019-019 (Parcel ‘C’): 1. That the City of Kitchener grants the Regional Municipality of Waterloo a temporary easement, satisfactory to the Regional Solicitor, to the easterly monitoring well nests for ongoing access and monitoring until such time as the easterly well nests are moved offsite and the well nests decommissioned subject to terms and conditions satisfactory to the Regional Municipality of Waterloo. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 65 - CITY OF KITCHENER 2. Submission Nos.: B 2018-017 to B 2017-019 (Cont’d) 2. That the applicant/owner grants a permanent easement to the Regional Municipality of Waterloo, satisfactory to the Regional Solicitor, for the purposes of ongoing access and monitoring for the monitoring wells adjacent to the Ottawa Street South road allowance on Parcel B as generally illustrated on “Sketch showing Proposed Severance of Part of Lots 3 and 4, Municipal Compiled Plan 1021 and Part of Lot 1, Municipal Compiled Plan 1022 and Part of Lot 3, Municipal Compiled Plan 1026 in the City of Kitchener” File Number KIT- 1021-PL-16632 by ACI Survey Consultants dated June 15, 2015. 3. That the applicant/owner grants a permanent easement to the Regional Municipality of Waterloo, satisfactory to the Regional Solicitor, for the purposes of ongoing access and monitoring for the monitoring wells adjacent to the Ottawa Street South road allowance on Parcel C as generally illustrated on “Sketch showing Proposed Severance of Part of Lots 3 and 4, Municipal Compiled Plan 1021 and Part of Lot 1, Municipal Compiled Plan 1022 and Part of Lot 3, Municipal Compiled Plan 1026 in the City of Kitchener” File Number KIT- 1021-PL-16632 by ACI Survey Consultants dated June 15, 2015. 4. That prior to final approval, the applicant/owner complete the required road widening dedication. 5. That prior to final approval, the applicant enter into a Registered Development Agreement for both Parcel “B” and Parcel “C” that will require the owner of the parcel to provide a detailed stationary and traffic noise study, prior to site plan approval, and, if required, enter into a Registered Development Agreement with the Regional Municipality of Waterloo and/or City of Kitchener for implementation of the study’s recommendations. Ms. H. Price addressed the Committee in support of the subject application and the staff recommendation. She stated although the applicant has been before the Committee on a few occasions in the past, they have not been able to complete the imposed conditions within the one-year time allotment. She stated the subject application remains unchanged, noting it is before the Committee again this date to receive a new decision in hopes to receive clearance on all of the conditions within the required one-year and proceed with the severance. Ms. S. Mohlman and Ms. K. Burrows addressed the Committee in opposition to the subject applications, stating concerns with the parkland adjacent to the Site and the potential impacts the proposed severance could have on those lands. The Chair noted the entire parcel in question is within the fenced area, adding the park is adjacent to the subject property and would not be impacted by the proposed severance. Ms. Mohlman requested clarification on the proposed future use of the subject lands, noting it was her understanding ‘Parcel B’ was intended to be a retirement home and now the applicant is proposing townhouses. Ms. Price advised the subject property has been under development since 2013. She stated in the initial proposal ‘Parcel B’ was intended to be a retirement home. She stated since that time the property owner has had a number of challenges receiving a Record of Site Condition and the proposed use of ‘Parcel B’ has now been identified for townhomes. She stated both uses are permitted by the current Zoning. Ms. H. Jung and Ms. M. Cheon addressed the Committee in support of the subject application and the staff recommendation. Submission No.: B 2017-017 Moved by Mr. B. McColl Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 66 - CITY OF KITCHENER 2. Submission Nos.: B 2018-017 to B 2017-019 (Cont’d) That the application of NOVACORE (83 ELMSDALE DRIVE) INC. requesting permission to sever a parcel of land having a width of 46.7m on Elmsdale Drive, a northerly length of 180.7m and an area of 0.96 ha identified as Parcel ‘A’ on the plan submitted with the application; and, permission to grant an easement having a width of approximately 5.05m, and a length of approximately 161.9m for vehicular access, fire routing and servicing in favour of Parcel ‘B’ & Parcel ‘C’; and an easement having a width of 4m and a depth of 73.7 metres along the easterly limits of ‘Parcel A’ in favour of ‘Parcel B’ for the purpose of stormwater conveyance, on Part Lots 3 and 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026, 83 Elmsdale 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 ensure the Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City’s Director of Planning: a. a clear and specific description of the purpose of the Easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That the owner shall provide a satisfactory Solicitor’s Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor. 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 installation of all new service connections that may be required for the severed and retained lands, and works located within the private roadway. 6. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the City’s Director of Engineering. 7. That the owner shall 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 for the retained lands. 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 the severed and retained lands. Said agreement shall include the following: COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 67 - CITY OF KITCHENER 2. Submission Nos.: B 2018-017 to B 2017-019 (Cont’d) “That prior to occupancy of any buildings on the severed or retained lands the owner shall agree that the shared private roadway and any services contained within the easements which have been created for these purposes, shall be designed and constructed to the satisfaction of the City’s Manager of Site Development and Customer Service, the Director of Engineering, and the Chief Fire Official. All costs associated with the private roadway including but not limited to design, construction, and performance securities (to be administered in accordance with sections 4.2, 4.3 and 4.4 of the City’s Performance Security Policy) shall be the responsibility of the owner. The private roadway and services contained within the easements may be constructed in phases, and in advance of development of the adjacent parcels, to the satisfaction of the City’s Manager of Development Review and Customer Service and the Director of Engineering. The private roadway design shall be in accordance with, and implement any approved Site Plan for Parcel A, B or C. Prior to construction of any portion of the private roadway and to the satisfaction of the City’s Manager of Site Development and Customer Service, Director of Engineering and Chief Fire Official, the owner shall agree to submit and receive approval of plans including but not limited to, Private Roadway ‘Site’ Plan, Grading and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan, Stormwater Management Plan, and Emergency Fire Route Plan. Further, the owner shall agree to implement the approved plans to the satisfaction of the City’s Manager of Development Review and Customer Service and the Director of Engineering. The owner shall acknowledge and agree that should they elect to proceed with the installation of the private roadway or services prior to final Site Plan Approval for Parcels A, B or C, that such works are done at their sole risk and the owner shall agree to indemnify the City with respect to any claim or loss which may occur as a result of such work. The cost of rectifying any works carried out will be the sole responsibility of the owner.” 9. That the owner shall enter into a Registered Development Agreement that will require the owner of the parcel to provide a detailed stationary and traffic noise study, prior to site plan approval; and, if required, enter into a Registered Development Agreement with the Regional Municipality of Waterloo and/or City of Kitchener for implementation of the study’s recommendations. 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 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. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 68 - CITY OF KITCHENER 2. Submission Nos.: B 2018-017 to B 2017-019 (Cont’d) 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 19, 2020. Carried Submission No.: B 2017-018 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of NOVACORE (83 ELMSDALE DRIVE) INC. requesting permission to sever a parcel of land having a width of 52.6m along Elmsdale Drive, a northerly depth of 176.3m and an area of 1.19 ha identified as ‘Parcel B’ on the plan submitted with the application; and, permission to grant an easement having a width of approximately 5.05m, a length of approximately 176.3m for mutual access, fire routing and servicing in favour of Parcel ‘A’ and Parcel ‘C’, on Part Lots 3 and 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026, 83 Elmsdale 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 Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City’s Director of Planning: a. a clear and specific description of the purpose of the Easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That the owner shall provide a satisfactory Solicitor’s Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor. 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 installation of all new service connections that may be required for the severed and retained lands, and works located within the private roadway. 6. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the City’s Director of Engineering. 7. That the owner shall 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 for the retained lands. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 69 - CITY OF KITCHENER 2. Submission Nos.: B 2018-017 to B 2017-019 (Cont’d) 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 the severed and retained lands. Said agreement shall include the following: “That prior to occupancy of any buildings on the severed or retained lands the owner shall agree that the shared private roadway and any services contained within the easements which have been created for these purposes, shall be designed and constructed to the satisfaction of the City’s Manager of Site Development and Customer Service, the Director of Engineering, and the Chief Fire Official. All costs associated with the private roadway including but not limited to design, construction, and performance securities (to be administered in accordance with sections 4.2, 4.3 and 4.4 of the City’s Performance Security Policy) shall be the responsibility of the owner. The private roadway and services contained within the easements may be constructed in phases, and in advance of development of the adjacent parcels, to the satisfaction of the City’s Manager of Development Review and Customer Service and the Director of Engineering. The private roadway design shall be in accordance with, and implement any approved Site Plan for Parcel A, B or C. Prior to construction of any portion of the private roadway and to the satisfaction of the City’s Manager of Site Development and Customer Service, Director of Engineering and Chief Fire Official, the owner shall agree to submit and receive approval of plans including but not limited to, Private Roadway ‘Site’ Plan, Grading and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan, Stormwater Management Plan, and Emergency Fire Route Plan. Further, the owner shall agree to implement the approved plans to the satisfaction of the City’s Manager of Development Review and Customer Service and the Director of Engineering. The owner shall acknowledge and agree that should they elect to proceed with the installation of the private roadway or services prior to final Site Plan Approval for Parcels A, B or C, that such works are done at their sole risk and the owner shall agree to indemnify the City with respect to any claim or loss which may occur as a result of such work. The cost of rectifying any works carried out will be the sole responsibility of the owner.” 9 That the City of Kitchener shall grant the Regional Municipality of Waterloo a temporary easement, satisfactory to the Regional Solicitor, to the easterly monitoring well nests for ongoing access and monitoring until such time as the easterly well nests are moved offsite and the well nests decommissioned subject to terms and conditions satisfactory to the Regional Municipality of Waterloo. 10. That the owner shall grant a permanent easement to the Regional Municipality of Waterloo, satisfactory to the Regional Solicitor, for the purposes of ongoing access and monitoring for the monitoring wells adjacent to the Ottawa Street South road allowance on Parcel B as generally illustrated on “Sketch showing Proposed Severance of Part of Lots 3 and 4, Municipal Compiled Plan 1021 and Part of Lot 1, Municipal Compiled Plan 1022 and Part of Lot 3, Municipal Compiled Plan 1026 in the City of Kitchener” File Number KIT-1021-PL-16632 by ACI Survey Consultants dated June 15, 2015. 11. That the owner shall grant a permanent easement to the Regional Municipality of Waterloo, satisfactory to the Regional Solicitor, for the purposes of ongoing access and monitoring for the monitoring wells adjacent to the Ottawa Street South road allowance on Parcel C as generally illustrated on “Sketch showing Proposed Severance of Part of Lots 3 and 4, Municipal Compiled Plan 1021 and Part of Lot 1, Municipal Compiled Plan 1022 and Part of Lot 3, Municipal Compiled Plan 1026 in the City of Kitchener” File Number KIT-1021-PL-16632 by ACI Survey Consultants dated June 15, 2015. 12. That the owner shall complete the required road widening dedication. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 70 - CITY OF KITCHENER 2. Submission Nos.: B 2018-017 to B 2017-019 (Cont’d) 13. That the owner shall enter into a Registered Development Agreement for both Parcel “B” and Parcel “C” that will require the owner of the parcel to provide a detailed stationary and traffic noise study, prior to site plan approval; and, if required, enter into a Registered Development Agreement with the Regional Municipality of Waterloo and/or City of Kitchener for implementation of the study’s recommendations. 14. That the owner shall make appropriate arrangements with Grand River Transit staff to provide funds for the bus landing pad and shelter pad for the proposed iXpress facilities on Ottawa Street South. 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 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 19, 2020. Carried Submission No.: B 2017-019 Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of NOVACORE (83 ELMSDALE DRIVE) INC. requesting permission to grant an ‘L’ shaped easement having a width on Ottawa Street South of 10.1m over the retained land identified as Parcel ‘C’ in favour of Parcels ‘A’ and ‘B’ for mutual access, fire routing and servicing; and, an easement in favour of the Region of Waterloo for ground water monitoring wells, on Part Lots 3 and 4, Plan 1021, Part Lot 1, Plan 1022 and Part Lot 3, Plan 1026, 83 Elmsdale 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 Transfer Easement documents required to create the Easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City’s Director of Planning: COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 71 - CITY OF KITCHENER 2. Submission Nos.: B 2018-017 to B 2017-019 (Cont’d) a. a clear and specific description of the purpose of the Easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. That the owner shall provide a satisfactory Solicitor’s Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor. 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 installation of all new service connections that may be required. 6. That the owner shall provide a Servicing Plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design sheets to the satisfaction of the City’s Director of Engineering for the severed and retained lands, and works located within the private roadway. 7. 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 for the retained lands. 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 the severed and retained lands. Said agreement shall include the following: “That prior to occupancy of any buildings on the severed or retained lands the owner shall agree that the shared private roadway and any services contained within the easements which have been created for these purposes, shall be designed and constructed to the satisfaction of the City’s Manager of Site Development and Customer Service, the Director of Engineering, and the Chief Fire Official. All costs associated with the private roadway including but not limited to design, construction, and performance securities (to be administered in accordance with sections 4.2, 4.3 and 4.4 of the City’s Performance Security Policy) shall be the responsibility of the owner. The private roadway and services contained within the easements may be constructed in phases, and in advance of development of the adjacent parcels, to the satisfaction of the City’s Manager of Development Review and Customer Service and the Director of Engineering. The private roadway design shall be in accordance with, and implement any approved Site Plan for Parcel A, B or C. Prior to construction of any portion of the private roadway and to the satisfaction of the City’s Manager of Site Development and Customer Service, Director of Engineering and Chief Fire Official, the owner shall agree to submit and receive approval of plans including but not limited to, Private Roadway ‘Site’ Plan, Grading and Drainage Control Plan, Erosion and Siltation Control Plan, Site Servicing Plan, Stormwater Management Plan, and Emergency Fire Route Plan. Further, the owner shall agree to implement the approved plans to the satisfaction of the City’s Manager of Development Review and Customer Service and the Director of Engineering. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 72 - CITY OF KITCHENER 2. Submission Nos.: B 2018-017 to B 2017-019 (Cont’d) The owner shall acknowledge and agree that should they elect to proceed with the installation of the private roadway or services prior to final Site Plan Approval for Parcels A, B or C, that such works are done at their sole risk and the owner shall agree to indemnify the City with respect to any claim or loss which may occur as a result of such work. The cost of rectifying any works carried out will be the sole responsibility of the owner.” 9 That the City of Kitchener shall grant the Regional Municipality of Waterloo a temporary easement, satisfactory to the Regional Solicitor, to the easterly monitoring well nests for ongoing access and monitoring until such time as the easterly well nests are moved offsite and the well nests decommissioned subject to terms and conditions satisfactory to the Regional Municipality of Waterloo. 10. That the owner shall grant a permanent easement to the Regional Municipality of Waterloo, satisfactory to the Regional Solicitor, for the purposes of ongoing access and monitoring for the monitoring wells adjacent to the Ottawa Street South road allowance on Parcel B as generally illustrated on “Sketch showing Proposed Severance of Part of Lots 3 and 4, Municipal Compiled Plan 1021 and Part of Lot 1, Municipal Compiled Plan 1022 and Part of Lot 3, Municipal Compiled Plan 1026 in the City of Kitchener” File Number KIT-1021-PL-16632 by ACI Survey Consultants dated June 15, 2015. 11. That the owner shall grant a permanent easement to the Regional Municipality of Waterloo, satisfactory to the Regional Solicitor, for the purposes of ongoing access and monitoring for the monitoring wells adjacent to the Ottawa Street South road allowance on Parcel C as generally illustrated on “Sketch showing Proposed Severance of Part of Lots 3 and 4, Municipal Compiled Plan 1021 and Part of Lot 1, Municipal Compiled Plan 1022 and Part of Lot 3, Municipal Compiled Plan 1026 in the City of Kitchener” File Number KIT-1021-PL-16632 by ACI Survey Consultants dated June 15, 2015. 12. That the owner shall complete the required road widening dedication. 13. That the owner shall enter into a Registered Development Agreement for both Parcel “B” and Parcel “C” that will require the owner of the parcel to provide a detailed stationary and traffic noise study, prior to site plan approval; and, if required, enter into a Registered Development Agreement with the Regional Municipality of Waterloo and/or City of Kitchener for implementation of the study’s recommendations. 14. That the owner shall make appropriate arrangements with Grand River Transit staff to provide funds for the bus landing pad and shelter pad for the proposed iXpress facilities on Ottawa Street South. 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 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. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 73 - CITY OF KITCHENER 2. Submission Nos.: B 2018-017 to B 2017-019 (Cont’d) 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 19, 2020. Carried 3. Submission Nos.: B 2018-021 to B 2018-023 Applicant: Primeland Developments (2003) Limited Property Location: Block 28 Rockcliffe Drive Legal Description: Part of Lot 44, Subdivision of Lot 18, German Company Tract Appearances: In Support: S. Patterson S. O’Neal R. Sittler Contra: R. & L. Hohl N. & B. Weiler Written Submissions: None The Committee was advised the applicant is requesting permission to grant 1 lot addition and 2 severances resulting in 4 lots for residential development: B 2018-021 - 37 Heiman Street: Permission to sever a parcel of land having a lot width on Heiman Street of 8.25m, a depth of 36.42m and an area of 307.6 sq.m. to be conveyed as a lot addition to 45 Heiman Street. The retained land will have a width of 15m, a depth of 96.57m and an area of 1362 sq.m. The proposed lots will continue to have a residential use. B 2018-022 - 45 Heiman Street: Permission to sever a parcel of land identified as ‘Parcel 1’ on the severance sketch submitted with the application having a width on Kehl Street of 9.18m, a depth of 32.06m and an area of 288 sq.m. The retained land will have a width of 31.38m, a depth of 27.32m and an area of 847.6 sq.m. The proposed lot is intended for a single detached dwelling. B 2018-023 - 45 Heiman Street: Permission to sever a parcel of land identified as ‘Parcel 2’ on the severance sketch submitted with the application having a width on Heiman Street of 9.15m, a depth of 27.26m and an area of 245 sq.m. The retained land will have width of 22.23m, a depth of 27.32m and an area of 602.2 sq.m. The proposed use of the severed lot is a single detached dwelling and the retained lot is intended to have a semi-detached dwelling. The Committee considered Community Services Department report CSD-18-064 dated March 12, 2018, recommending approval of this application subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 12, 2018, advising they have no objection to these applications, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350 per lot created, for a total of $700. The Committee considered the report of the Grand River Conservation Authority (GRCA) dated March 9, 2018 advising which they have no objection to the subject applications, they noted a small portion of 45 Heiman Street contains the allowance associated wit the off-site floodplain (flood grindg) of Shoemaker Creek. The property of 37 Heiman Street contains portions of the floodplain (flood fringe and floodway) associated with Shoemaker Creek as well as the associated allowance around the floodplain. Any future development in the regulated area will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 74 - CITY OF KITCHENER 3. Submission Nos.: B 2018-021 to B 2018-023 (Cont’d) Messrs. S. Patterson and Mr. S. O’Neil were in attendance in support of the subject applications. Mr. Patterson stated while he had no objections to the staff recommendation, he requested further consideration regarding Condition 5 as outlined in the staff recommendation for Consent Applications B 2018-022 and B 2018-023, related to the requirement to receive approval on Site Plan drawings. He stated in his opinion, the condition is onerous for the applicant and should not be a requirement of the Committee’s decision. He further advised if it was the Committee’s will to defer or refuse the subject application, the applicant is prepared to accept the condition as recommendedthis date. Mr. R. and Ms. L. Hohl addressed the Committee in opposition to the subject application. Mr. Hohl advised his property fronts onto Tamroth Court, adjacent to the subject properties, and expressed concerns with water run-off into his rear yard, as well as the potential loss of trees due to the proposed redevelopment of the properties. The Chair advised the applicant would be responsible for addressing any drainage concerns, noting the Region of Waterloo has also requested a scoped Environmental Impact Study (EIS), which will likely address all of the concerns raised by the neighbouring property owners. In response to questions, Mr. Patterson advised the frontage for the semi-detacheddwellings is still to be determined. He indicated he will work with Transportation Planning staff on the driveway configuration, which will help to inform the dwelling’s orientation. Ms. J. Meader expressed concerns with the proposed retained parcel for 37 Heiman Street. She stated she had concerns with supporting the applications without confirmation what was being proposed for that lot, knowing the Zoning would permit a multi-residential dwelling. Mr. B. McColl stated the applicant provided the development at 430 Connaught Street as an example of what could potentially be constructed on the retained lands at 37 Heiman Street. He indicated he is familiar with that development and is of the opinion that something similar would be suitable for the subject lot. In response to questions regarding imposing Condition 5 as outlined in the staff report for Consent Applications B 2018-022 and B 2018-023, Mr. Patterson advised the R-6 Zone has regulations that must be complied with for the construction of the single detached dwellings. He stated in his opinion no additional regulations should be required. He further advised the applicant would be permitted to demolish the existing dwellings and redevelop the site under the regulations currently imposed on the subject properties without providing site plan and elevation drawings. Ms. von Westerholt stated staff have some concerns with removing Condition 5 as outlined in the staff report for Consent Applications B 2018-022 and B 2018-023, stating the condition is not a Section 41 Site Plan Approval process under the Planning Act. She indicated the applicant is intending to construct a semi-detached dwelling, a residential dwelling and a multi-residential dwelling adjacent to each other. She indicated the condition would allow staff to have some input on the final designs for the proposed lots to ensure compatibility. Mr. B. McColl brought forward a motion to approve the subject applications as outlined in the staff report, noting although the applicant has expressed some concerns with Condition 5 as outlined in the staff report for Consent Applications B 2018-022 and B 2018-023, he indicated there would be no objections if the condition was imposed. The following motions were then voted on and Carried, with Messrs A. Head and B. McColl voting in favour; and, Ms. J. Meader voting in opposition. Submission No.: B 2017-021 Moved: Mr. B. McColl Seconded: Ms. J. Meader COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 75 - CITY OF KITCHENER 3. Submission Nos.: B 2018-021 to B 2018-023 (Cont’d) That the application of 2466457 ONTARIO INC. requesting permission to sever a parcel of land having a lot width on Heiman Street of 8.25m, a depth of 36.42m and an area of 307.6 sq.m. to be conveyed as a lot addition to 45 Heiman Street, on Part of Lot 44, Subdivision of Lot 18, German Company Tract, 37 and 45 Heiman Street, 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 confirmation to the satisfaction of the City’s Engineering Services that the existing services to 37 Heiman Street do not cross over the portion of land being severed. 4. That the owner shall submit a Demolition Control Application and receive approval to remove the existing dwelling. 5. That the owner shall ensure the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 6. That the owner’s Solicitor shall provide a Solicitor’s Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 7. 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 retained lands which shall include the following: a. That the owner shall submit a scoped Environmental Impact Study for the retained lands to the satisfaction of the Director of Planning, prior to any grading, tree removal or the issuance of building permits. 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 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. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 76 - CITY OF KITCHENER 3. Submission Nos.: B 2018-021 to B 2018-023 (Cont’d) 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 19, 2020. Carried Submission No.: B 2017-022 Moved: Mr. B. McColl Seconded: Ms. J. Meader That the application of 2466457 ONTARIO INC. requesting permission to sever a parcel of land identified as ‘Parcel 1’ on the severance sketch submitted with the application having a width on Kehl Street of 9.18m, a depth of 32.06m and an area of 288 sq.m., on Part of Lot 44, Subdivision of Lot 18, German Company Tract, 45 Heiman Street, 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 receive full and final approval of Consent Application B 2018-021. 4. That the owner shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City’s Director of Planning. 5. That a site plan showing the location of the proposed dwellings on both the severed and retained lots, along with elevation drawings, be submitted to the satisfaction of the Director of Planning, illustrating that the proposed dwellings will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to the issuance of any building permit. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of all new service connections and the removal of redundant services to the retained lands. 7. That the owner shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering for the retained lands. 9. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 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 for the retained lands. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 77 - CITY OF KITCHENER 3. Submission Nos.: B 2018-021 to B 2018-023 (Cont’d) 11. 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, to the satisfaction of the Director of Engineering. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the Owner. 12. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel in the amount of $4,222.80. 13. 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 and retained lands which shall include the following: a. That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and the Director of Operations, 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 (including street trees) to be preserved. b. The owner shall further agree 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 and the Director of Operations. 14. That the owner shall submit payment to the Region of Waterloo the Consent Application Review fee in the amount of $350.00. 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 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 19, 2020. Carried Submission No.: B 2017-023 Moved: Mr. B. McColl Seconded: Ms. J. Meader COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 78 - CITY OF KITCHENER 3. Submission Nos.: B 2018-021 to B 2018-023 (Cont’d) That the application of 2466457 ONTARIO INC. requesting permission to sever a parcel of land identified as ‘Parcel 2’ on the severance sketch submitted with the application having a width on Heiman Street of 9.15m, a depth of 27.26m and an area of 245 sq.m., on Part of Lot 44, Subdivision of Lot 18, German Company Tract, 45 Heiman Street, 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 receive full and final approval of Consent Application B 2018-021. 4. That the owner shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City’s Director of Planning. 5. That a site plan showing the location of the proposed dwellings on both the severed and retained lots, along with elevation drawings, be submitted to the satisfaction of the Director of Planning, illustrating that the proposed dwellings will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to the issuance of any building permit. 6. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation of all new service connections and the removal of redundant services to the retained lands. 7. That the owner shall make arrangements financial or otherwise for the relocation of any existing City-owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 9. That the owner shall ensure any new driveways be built to City of Kitchener standards at the owner’s expense prior to occupancy of the building to the satisfaction of the City’s Engineering Division. 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 for the retained lands. 11. 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, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the owner. 12. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication on the severed parcel in the amount of $4,209.00. 13. 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 and retained lands which shall include the following: COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 79 - CITY OF KITCHENER 3. Submission Nos.: B 2018-021 to B 2018-023 (Cont’d) a. That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and the Director of Operations, 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 (including street trees) to be preserved. b. The owner shall further agree 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 and the Director of Operations. 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 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 19, 2020. Carried COMBINED APPLICATIONS: 1. Submission Nos.: B 2018-020 & A 2018-032 Applicant: 2040799 Ontario Limited Property Location: 334-400 King Street West Legal Description: Part Lots 4, 5 & 6, Plan 41, being Parts 2 & 3 on Reference Plan 58R-1911 Appearances: In Support: H. Price Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to sever a parcel of land having a width on King Street West of 30.1m, a depth of 43.6m and an area of 1303.5 sq.m. The retained land will have a width of 39.5m, a depth of 43.6m and an area of 1872.6 sq.m. Permission is also being requested for minor variances on the retained land to have ground floor façade openings equivalent to 35% of the ground floor façade area rather than the required 50%; and, having 11.5m between ground floor openings rather than the permitted maximum 4m. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 80 - CITY OF KITCHENER 1. Submission Nos.: B 2018-020 & A 2018-032 (Cont’d) The Committee considered Community Services Department report CSD-18-065 dated March 12, 2018, recommending approval of these applications subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated March 12, 2018, advising they have no objection to application B 2018-020, subject to the following condition: 1. That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Committee considered the report of the Region of Waterloo, Transportation Planner dated March 6, 2018, advising they have no concerns with application A 2018-032. Ms. H. Price was in attendance in support of the subject application and the staff recommendation. In response to questions, she advised the applicant is requesting a severance this date to fulfill a condition of Site Plan Approval. Submission No.: B 2018-020 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of 2040799 ONTARIO LIMITED requesting permission to sever a parcel of land having a width on King Street West of 30.1m, a depth of 43.6m and an area of 1303.5 sq.m., on, Lots 4, 5, 6 & Part Lot 7, Registered Plan 41,334-352 King Street West, 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 make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed and retained lands. 4. That the owner shall make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands, or otherwise receive relief from Engineering Services for this requirement. 5. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services. 6. That the owner shall complete and submit the Development and Reconstruction As- Recorded Tracking Form 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, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City’s Engineering Services, prior to endorsement of the deed for the severed lands. 7. That the owner shall submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 81 - CITY OF KITCHENER 1. Submission Nos.: B 2018-020 & A 2018-032 (Cont’d) 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 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 19, 2020. Carried Submission No.: A 2018-032 Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of 2040799 ONTARIO LIMITED requesting permission to have ground floor façade openings equivalent to 35% of the ground floor façade area rather than the required 50%; and, having 11.5m between ground floor openings rather than the permitted maximum 4m, on Part Lots 4, 5 & 6, Plan 41, being Parts 2 & 3 on Reference Plan 58R-1911, 356-400 King Street West, Kitchener, Ontario, BE APPROVED. 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 MINUTES MARCH 20, 2018 - 82 - CITY OF KITCHENER MINOR VARIANCE APPLICATIONS (CONT’D): 8. Submission No.: A 2018-024 Applicant: Milestone Developments Inc. Property Location: 2 Crossbridge Avenue Legal Description: Lot 172, Registered Plan 58M-597 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a side yard setback of 4m abutting Rivertrail Avenue rather than the required 4.5m; a rear yard setback of 6.15m rather than the required 7.5m; and, a driveway located 8.7m from the intersection of Rivertrail Avenue and Crossbridge Avenue rather than the required 9m setback. The Committee considered Community Services Department report CSD-18-056 dated March 12, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated March 6, 2018, advising they have no concerns with this application. Mr. P. Haramis was in attendance in support of the subject application. He indicated after the application was published it was identified that an additional variance would be required and that a new Notice of Hearing would be required. He stated he was in support of the deferral and has already submitted an amended application to be considered at the April 17, 2018 Committee of Adjustment meeting. That the application of Milestone Developments Inc. requesting permission to construct a single detached dwelling having a side yard setback of 4m abutting Rivertrail Avenue rather than the required 4.5m; a rear yard setback of 6.15m rather than the required 7.5m; and, a driveway located 8.7m from the intersection of Rivertrail Avenue and Crossbridge Avenue rather than the required 9m setback, on Lot 172, Registered Plan 58M-597, 2 Crossbridge Avenue, BE DEFERRED to allow the applicant time to amend their application and a new Notice of Hearing be published. Carried 9. Submission No.: A 2018-025 Applicant: Milestone Developments Inc. Property Location: 500 Rivertrail Avenue Legal Description: Lot 167, Registered Plan 58M-597 Appearances: In Support: P. Haramis Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to construct a single detached dwelling having a rear yard setback of 5.95 rather than the required 7.5m; and, a driveway located 8.87m from the intersection of Rivertrail Avenue rather than the required 9m setback. COMMITTEE OF ADJUSTMENT MINUTES MARCH 20, 2018 - 83 - CITY OF KITCHENER 9. Submission No.: A 2018-025 (Cont’d) The Committee considered Community Services Department report CSD-18-057 dated March 12, 2018, recommending approval of this application subject to the condition outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner dated March 6, 2018, advising they have no concerns with this application. Mr. P. Haramis was in attendance in support of the subject application and the staff recommendation. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MILESTONE DEVELOPMENTS INC. requesting permission to construct a single detached dwelling having a rear yard setback of 5.95m rather than the required 7.5m; and, a corner access driveway located 8.87m from the intersection of the street lines rather than the required 9m setback, on Lot 167, Registered Plan 58M-597, 500 Rivertrail Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit a building permit for the new single detached dwelling by December 30, 2018. 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 ADJOURNMENT On motion, the meeting adjourned at 1:45 p.m. Dated at the City of Kitchener this 20th day of March, 2018 Dianna Saunderson Secretary-Treasurer Committee of Adjustment