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HomeMy WebLinkAboutCA - 2019-02-19COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:03 a.m. Present: Mr. D. Cybalski, Chair Mr. B. McColl Ms. J. Meader Mr. M. Kidd Mr. S. Hannah Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Mr. S. Ryder, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk The Chair explained the Committee of Adjustment is considered a Standing Committee of City Council and the Decisions rendered this date with respect to sign/fence variances are recommendations to City Council and not a final decision. He advised the Committee's recommendations will be forwarded to City Council on Monday, March 4, 2019 at 7:00 p.m. and applicants may registerwith the City Clerkto appear at the meeting if desired. NEW BUSINESS: SIGN APPLICATIONS 1. Submission No.: SG 2019-003 Applicant: Waterloo Region District School Board Property Location: 151 Zeller Drive Legal Description: Part Lot 119, German Company Tract, being Parts1 & 2 on Reference Plan 58R-7338 Appearances: In Support: C. Cluthe Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace an existing sign with a ground -supported sign having automatic changing copy located 13.6m from a residential zone rather than the required 100m; and, to have a sign area of 3.42 sq.m. rather than the permitted maximum sign area of 3 sq. m. The Committee considered Development Services Department report DSD -19-033 dated February 11, 2019, 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 February 1, 2019, advising they have no concerns with this application. Mr. C. Cluthe was in attendance on behalf of the applicant in support of the subject application and staff recommendation, noting he was also in support of the proposed amendment as outlined in the staff report. The Chair requested and it was agreed that a condition be included to ensure the sign stays static for a minimum of 6 seconds. Ms. J. von Westerholt noted staff have no objection to the proposed condition, stating it is outlined as a regulation within the Sign By-law. Moved by Mr. B. McColl Seconded by Ms. J. Meader COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 - 6 - CITY OF KITCHENER 1. Submission No.: SG 2019-003 (Cont'd) That the application of WATERLOO REGION DISTRICT SCHOOL BOARD requesting permission to replace an existing sign with a ground -supported sign having automatic changing copy located 13.6m from a residential zone rather than the required 100m, on Part Lot 119, German Company Tract, being Parts 1 & 2 on Reference Plan 58R-7338, 151 Zeller Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 10:00 p.m. and 6:00 a.m. 3. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 10:00 p.m. and 6:00 a.m. 4. That the above noted Condition 1 shall be completed prior to September 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance approved in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried 2. Submission No.: SG 2019-004 Applicant: City of Kitchener Property Location: 222 Chandler Drive Legal Description: Part Lot 48, German Company Tract, Part Block EE, Plan 1240, Part Blocks S & Q, Plan 1242, being Parts 1 & 2 on Reference Plan 58R-7799 Appearances: In Support: I. Mohamed Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace an existing sign with a ground -supported sign having automatic changing copy located 24m from a residential zone rather than the required 100m; being 2.6m from an intersection rather than the required setback of 23m; and, having a sign area of 44% rather than the permitted maximum sign area of 30%. The Committee considered Development Services Department report DSD -19-034 dated February 11, 2019, 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 February 1, 2019, advising they have no concerns with this application. Mr. I. Mohamed was in attendance in support of the subject application and staff recommendation. Moved by Ms. J. Meader Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 - 7 - CITY OF KITCHENER 2. Submission No.: SG 2019-004 (Cont'd) That the application of CITY OF KITCHENER requesting permission to replace an existing sign with a ground -supported sign having automatic changing copy located 24m from a residential zone rather than the required 100m; being 2.6m from an intersection rather than the required setback of 23m; and, having a sign area of 44% rather than the permitted maximum sign area of 30%, on Part Lot 48, German Company Tract, Part Block EE, Plan 1240, Part Blocks S & Q, Plan 1242, being Parts 1 & 2 on Reference Plan 58R-7799, 222 Chandler Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3. That the owner shall ensure the automatic changing copy portion of the sign is turned off between the hours of 10:00 p.m. and 6:00 a.m. 4 That the above noted Condition 1 shall be completed prior to September 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: The variances approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:07 a.m. Dated at the City of Kitchener this 19th day of February, 2019 Dianna Saunderson Secretary -Treasurer Committee of Adjustment COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 CITY OF KITCHENER The Committee of Adjustment met this date, commencing at 10:08 a.m. Present: Mr. D. Cybalski Mr. B. McColl Ms. J. Meader Mr. M. Kidd Mr. S. Hannah Officials: Ms. J. von Westerholt, Senior Planner Mr. D. Seller, Traffic Planning Analyst Mr. S. Ryder, Traffic Planning Analyst Ms. D. Saunderson, Secretary -Treasurer Ms. H. Dyson, Administrative Clerk MINUTES Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the regular minutes of the Committee of Adjustment meeting held January 15, 2019, as circulated to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE APPLICATIONS: 1. Submission No.: A 2019-014 Applicant: 2103780 Ontario Inc. Property Location: 71 Heit Lane Legal Description: Part Lot 121, Plan 374 Appearances: In Support: J. MacDonald Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to legalize an existing building having a front yard setback of 0.9m rather than the required 3.0m; to permit a proposed accessory building to have a westerly side yard setback of 1.0 rather than the required setback of 1.2m; and, to permit the proposed accessory building to have a rear yard setback of 1.89m rather than the required 3.0m. The Committee considered Development Services Department report DSD -19-035 dated February 8, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 1, 2019, advising they have no concerns with this application. Mr. J. MacDonald was in attendance in support of the subject application and staff recommendation. Mr. B. McColl requested, and it was agreed, that a condition be added to the Committee's decision this date to require the applicant to apply for a building permit. Moved by Mr. B. McColl Seconded by Mr. S. Hannah COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -28- CITY OF KITCHENER Submission No.: A 2019-014 (Cont'd) That the application of 2103780 ONTARIO INC. requesting permission to legalize an existing building having frontage onto a lane and to recognize the yard abutting the lane as the front yard; having a front yard setback of 0.9m rather than the required 3.0m; to permit a proposed accessory building to have a westerly side yard setback of 1.0 rather than the required setback of 1.2m; and, to permit the proposed accessory building to have a rear yard setback of 1.89m rather than the required 3.0m, on Part Lot 121, Plan 374, 71 Heit Lane, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall apply for a building permit to the satisfaction of the Chief Building Official. It is the opinion of this Committee that: 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.kitcener.ca Carried 2. Submission No.: A 2019-015 Applicants: Marc Gibson and Vanessa Parks Property Location: 66 Mt. Hope Street Legal Description: Part Lot 13, Plan 438 Appearances: In Support: M. Gibson V. Parks M. Pereira Contra: J. Redpath Written Submissions: None The Committee was advised the applicants are requesting permission for an existing single detached dwelling to have the required off-street parking space to be located 0.18m from the front lot line rather than the required 6m; and, for the one off-street parking space adjacent to the front stairs to be 2.3m wide by 5.5m in length rather than the required 2.6m width and 5.5m length. The Committee considered Development Services Department report DSD -19-036 dated February 11, 2019, recommending approval of this application as amended, subject to the conditions outlined in the Report. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 1, 2019, advising they have no concerns with this application. The Committee considered various written submissions from neighbouring property owners in opposition to the subject application. Mr. M. Gibson and Ms. V. Parks were in attendance in support of the subject application and staff recommendation. Mr. Gibson circulated a written submission in response to the comments received from the neighbouring property owners in opposition to the subject application. He stated after they had begun work on the property at the end of 2018, they were advised by City COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19. 2019 -29- CITY OF KITCHENER ��1•T511�r•Ti1�t:7il•���iy�ail�biNZ.7iiiC staff that a minor variance application was required to legalize the parking as proposed on the subject property. He indicated he had reviewed the staff report and was in support of the amendment regarding the removal of a variance related to the size of the parking space, as it was deemed redundant. In response to questions, Mr. Gibson confirmed there is a Right -of -Way (ROW) on his property in favour of the property municipally addressed as 70 Mt. Hope Street. He stated he has no intentions of restricting the use of that ROW. Mr. M. Pereira stated he is the property owner of 70 Mt. Hope Street, noting while he was generally in support of the subject application, he wished clarification of the property owner's intentions regarding the type of materials proposed for the pathway and whether they would be durable enough to withstand vehicle access. He indicated the requirement of the pathway was to gain access to his garage for parking in the rear yard of his dwelling. The Chair suggested, and it was agreed, that Condition 1 of the staff recommendation be amended to include wording to clarify that the decorative path should consist of materials that would support vehicle traffic. Mr. D. Seller questioned whether Condition 2 of the staff recommendation related to the curb cut could also be amended to address the reinstatement of the curb where required. The Committee was in agreement with the request to amend Condition 2 to require the reinstatement of the curb for the portion of the property that is intended to be landscaped to the satisfaction of the Director of Transportation Services Mr. J. Redpath was in attendance in opposition of the subject application. He expressed concerns related to the loss of on -street permit parking. He noted the City provides parking passes to the residents for on -street parking, indicating approval of the subject application will decrease the on - street parking by two spaces. He stated in his opinion, the residents purchased their properties with an understanding of the available number of spaces. He indicated the applicant should only be permitted one parking space at the proposed location, stating if only one space was permitted, the loss of on -street parking would only be one space. In response to questions, Mr. S. Ryder advised the City issues on -street parking permits to area residents to allow parking on the streets between 8:00 a.m. and 6:00 p.m., noting any parking outside of those hours would revert to standard on -street parking regulations. He indicated the permits do not permit overnight parking as the passes are only intended for guests of the dwellings, not property owners. Mr. Ryder further advised the application was reviewed and the Transportation comments outlined within the staff report are only related to the curb cuts. Mr. Gibson indicated in response to the concerns raised by the neighbouring property owner, that approval of the subject application would still permit one on -street parking space. Mr. Ryder acknowledged the comments provided by Mr. Gibson, stating he was in agreement that there would still be sufficient space for one on -street parking space in front of 66 Mt. Hope Street. Questions were raised regarding the applicants' ability to have two off-street parking spaces within the proposed driveway. Ms. J. von Westerholt advised the subject application is intended to legalize one off-street parking space located within 6m of the street line. She stated the Zoning By-law permits driveways to have a width of 5.2m. She indicated if the applicant is able to fit a second car in the driveway, that space is incidental and would not need to be defined in the Committee's decision and would not be considered illegal from a By-law enforcement perspective. She stated similar to other single detached dwellings, the By-law only requires one legal off-street parking space; any additional parking that can be achieved within the driveway would be incidental to that space. In response to concerns related to a mature tree on the subject property, Ms. von Westerholt stated she was advised by the City's forestry division that any tree located on private property that straddles a property line would be a civil matter between property owners. In response to questions, Mr. Gibson advised no additional excavation is being proposed on the subject property that may adversely impact the health of the tree. He noted the subject property had been excavated twice in close proximity to the tree prior to his family purchasing the home, and the health of the tree was not impacted in those instances. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -30- CITY OF KITCHENER 2. Submission No.: A 2019-015 (Cont'd) Mr. S. Hannah advised he could not support he subject application, stating in his opinion one - parking space should be sufficient for the subject property. The following motion was then voted on and was Carried, with Mr. S. Hannah voting in opposition. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of MARC GIBSON and VANESSA PARKS requesting permission for an existing single detached dwelling having the required off-street parking space to be located 0.18m from the front lot line rather than the required 6m, on Part Lot 13, Plan 438, 66 Mt. Hope Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall ensure the existing asphalt on the left side of the house on 66 Mt. Hope Street shall not be used as a driveway and will be replaced with a decorative path consisting of materials other than asphalt that could support vehicular traffic, along the right-of-way with the neighbouring property at 70 Mt Hope Street, thus ensuring they have continued access to their garage via the 0.70m Right -of -Way designated on 66 Mt. Hope Street, and that the remaining asphalt be converted to a proposed garden as shown on the Site Plan included with the application, to the satisfaction of the Director of Planning 2. That the owner shall reinstate the curb in front of the boulevard/landscaped area adjacent to the property municipally addressed as 70 Mt. Hope Street; and, obtain a curb cut permit the satisfaction of Engineering Services and Transportation Services. 3. That the owner shall ensure the Rogers box on the boulevard is relocated as per Rogers regulations. 4. That the above noted Conditions 1 to 3 shall be completed no later than August 31, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in the decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The 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.kitcener.ca Carried 3. Submission No.: A 2019-016 Applicants: David and Nancy Ashley Property Location: 36 Gordon Avenue Legal Description: Part Lots 19 & 20, Plan 429 Appearances: In Support: D. Ashley Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -31- CITY OF KITCHENER 3. Submission No.: A 2019-016 (Cont'd) The Committee was advised the applicants are requesting permission to for an existing duplex to have one of the required off-street parking spaces to be 2.6m by 4.6m rather than the permitted 2.6m by 5.5m. The Committee considered Development Services Department report DSD -19-037 dated February 8, 2019, 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 February 1, 2019, advising they have no concerns with this application. The Chair noted comments from a neighbouring property owner in opposition to the subject application. Mr. D. Ashley was in attendance in support of the subject application and staff recommendation. In response to questions, he advised the intention was to have a contractor complete the proposed work in the spring of this year. He stated work is currently in progress, adding he was unaware any approvals were required to excavate and relocate one of the parking spaces to his front lawn. Mr. S. Hannah questioned the need for additional parking in the front of the subject property as the drawings included with the application indicate ample parking at the rear. Mr. Ashley stated a severe ice problem exists due to the grading difference between the front and back of the subject property. Ms. J. Meader suggested, and it was agreed, that Condition 2 of the staff recommendation be amended to include additional clarity requiring the front lawn be reinstated generally in accordance with the plan submitted with the application. Moved by Ms. J. Meader Seconded by Mr. M. Kidd That the application of DAVID and NANCY ASHLEY requesting permission to for an existing duplex to have one of the required off-street parking spaces to be 2.6m by 4.6m rather than the permitted 2.6m by 5.5m; and, to allow the parking space to encroach onto City lands, on Part Lots 19 & 20, Plan 429, 36 Gordon Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure the driveway is resurfaced with a consistent material to the satisfaction of the Director of Planning. 2. That the owner shall ensure grass is reinstated in the front yard area, generally in accordance with the sketch submitted with the application, to the satisfaction of the Director of Planning. 3. That the owner shall obtain a curb cutting permit for the driveway widening by the Engineering Division of the City of Kitchener, if required. 4. That the owner shall enter into an encroachment agreement for the parking space with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands. 5. That the above noted Conditions shall be completed prior to October 31, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -32- CITY OF KITCHENER 3. Submission No.: A 2019-016 (Cont'd) 3. The general intent and purpose of the City of Kitchener Zoning By -Law and Official Plan is being maintained on the subject property. 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.kitcener.ca Carried Submission No.: A 2019-017 Applicant: Jackman Property Holding Inc. Property Location: 6 Pequegnat Avenue Legal Description: Part Lot 26, Plan 111 Appearances: In Support: D. Galbraith E. Jackman C. Loftin Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission for a driveway to be located 7.5m from the intersection of Pequegnat Avenue and Mansion Street, whereas a setback of 9m is required; and, a northerly garage side wall to be located within 4.5m of the Mansion Street property line rather than the required 6m. The Committee considered Development Services Department report DSD -19-038 dated February 11, 2019, recommending approval of this application. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated February 1, 2019, advising they have no concerns with this application. In response to questions, Ms. J. von Westerholt advised there is a clerical error on the front page of the report, noting staff are recommending approval of the subject application without conditions. Messrs. D. Aston, E. Jackman and C. Loftin were in attendance in support of the subject application. In response to questions, Mr. Aston confirmed the proposed driveway location is intended to accommodate an existing tree. Moved by Mr. S. Hannah Seconded by Mr. M. Kidd That the application of JACKMAN PROPERTY HOLDING INC. requesting permission for a driveway to be located 7.5m from the intersection of Pequegnat Avenue and Mansion Street, whereas a setback of 9m is required; and, a northerly garage side wall to be located within 4.5m of the Mansion Street property line rather than the required 6m, on Part Lot 26, Plan 111, 6 Pequegnat Avenue, 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. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -33- CITY OF KITCHENER 4. Submission No.: A 2019-017 (Cont'd) 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.kitcener.ca Carried CONSENT APPLICATIONS: Submission Nos.: B 2019-005 and B 2019-006 Applicant: Benjamins Real Estate Holdings Inc. - 001 Property Location: 151 Wentworth Avenue Legal Description: Part Lot 368, Subdivision of Lot 17, German Company Tract Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised the applicant is requesting deferral of the subject applications until the April 16, 2019 meeting to allow time for required Minor Variance applications to be submitted and considered in conjunction with the subject applications. The Committee considered Development Services Department report DSD -19-039 dated February 12, 2019, recommending deferral of these applications. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated February 11, 2019, advising they have no objection to these applications, subject to the following condition: That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. The Chair suggested, and it was agreed, that at the request of the applicant these applications be deferred to the April 16, 2019, to allow an opportunity for minor variance applications to be submitted in support of the subject consent applications. COMBINED APPLICATIONS: Submission Nos.: B 2019-007, A 2019-018 & A 2019-019 Applicant: Scott Davey Property Location: 396 Vanier Drive Legal Description: Lot 8, Registered Plan 812 Appearances: In Support: None Contra: None Written Submissions: None The Committee was advised the applicant has requested deferral of the subject applications until the March 19, 2019 meeting to allow time for the owner to dialogue with Planning staff. The Committee considered the report of the Region of Waterloo, Planning, Development and Legislative Services dated February 11, 2019, advising they have no objection to application B 2019-007, subject to the following condition: COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -34- CITY OF KITCHENER 1. Submission Nos.: B 2019-007, A 2019-018 & A 2019-019 (Cont'd) 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 February 1, 2019, advising they have no concerns with applications A 2019-018 and A 2019-019. The Chair suggested, and it was agreed, that at the request of the applicant, these applications be deferred to the March 19, 2019 Committee of Adjustment meeting to allow the applicant an opportunity to revise the subject applications prior to consideration. CHANGE OF CONDITIONS APPLICATIONS: 1. Submission Nos.: CC 2019-001 to CC 2019-004 Applicants: Robert and Alison LaFrance Property Location: 883 Doon Village Road Legal Description: Part Lot 2, Biehn's Tract, Block 1, Plan 1445 Appearances: In Support: A. LaFrance D. Aston Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to modify Condition 4 of the Decisions of Provisional Consent applications B 2018-0006, B 2018-007, B 2018-008 & B 2018- 009, granted by the Committee of Adjustment on April 17, 2018, to provide for the conditions outlined in the modified subdivision agreement to be cleared prior to deed endorsement rather than 1 year from the date of the decision. The Committee considered Development Services Department report DSD -19-041 dated February 13, 2019, 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 February 11, 2019, advising they have no objection to these applications. Mr. D. Aston and Ms. A. LaFrance were in attendance in support of the subject applications and staff recommendation. Ms. von Westerholt confirmed the intention of the subject applications were to allow time for the completion of the conditions imposed through Consent Applications B 2018-0006, B 2018-007, B 2018-008 & B 2018-009. She indicated the applicant is required to complete an archeological assessment, noting due to the weather constraints they were not able to finalize that requirement of the previously approved decisions. She stated there were no changes to the nature of the original applications. Submission No.: CC 2019-001 Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of ALISON and ROBERT LAFRANCE requesting permission to modify Condition 4 of the Decisions of Provisional Consent applications B 2018-0006, granted by the Committee of Adjustment on April 17, 2018, to provide for the conditions outlined in the modified subdivision agreement to be cleared prior to deed endorsement rather than 1 year from the date of the decision, on Part Lot 2, Biehn's Tract, Block 1, Plan 1445, 883 Doon Village Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -35- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) 1. That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owners shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the severed and retained lands. Said agreement shall include the following special conditions: A. Prior to Endorsement of Deeds associated with consent applications B2018-006, B2018-007, B2018-008, and B2018-009 and prior to the fulfillment of the 4B conditions: That the owners shall submit and receive approval of a scoped Conservation Plan in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City's Director of Planning. The scoped Conservation Plan will include direction on the conservation works that must be undertaken prior to, during and after the Hog and Hen House is relocated, including repairs and supports recommended by the owners' consulting engineer and qualified building mover. That the owners shall submit and receive approval of a letter prepared by a qualified building mover, to the satisfaction of the City's Director of Planning, confirming that the Hog and Hen House can be moved. That the owners shall submit and receive approval of an updated Structural Engineers' Report, to be coordinated with both the scoped Conservation Plan and letter from a qualified building mover, to the satisfaction of the City's Director of Planning. iv. That the owners shall prepare a Tree Preservation Plan for each of the severed lots, and the retained lot, in accordance with the City's Tree Management Policy, each of which is to be approved by the City's Director of Planning. Such plans shall include, among other matters, retention of street trees along Bechtel Drive adjacent to the proposed lots, identification of proposed driveways, proposed building envelopes/work zones, landscaped areas, proposed additional street trees, and vegetation to be preserved. B. Prior to Endorsement of the Deeds associated with consent applications B2018- 006, B2018-007, B2018-008, and B2018-009: That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City's Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -36- CITY OF KITCHENER 1. Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City's Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City's 2014 Official Plan. Further, the approved Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City's Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House, in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners' consulting engineer and qualified building mover, to the satisfaction of the City's Director of Planning. Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City's Solicitor, in consultation with the City's Director of Planning. The City agrees that the Heritage Covenant Agreement may be removed from title at the owners' expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House and following the adoption of the updated Designating By-law for 883 Doon Village Road both to the satisfaction of the City's Director of Planning. iii. That the owners shall agree to document and provide measured drawings of the Hog and Hen House to the satisfaction of the City Director of Planning. iv. That the owners shall agree to retain a qualified building mover to relocate the Hog and Hen House onto the retained lands, to the satisfaction of the City's Director of Planning and the Chief Building Official. V. That the owners shall obtain a building permit to relocate the Hog and Hen House from the City's Building Division and actually relocate said building as part of this milestone, to the satisfaction of the City's Director of Planning and the Chief Building Official. vi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to both the severed and retained lands. This will include, but not be limited to, the extension of storm sewer(s). vii. That the owners shall obtain a certificate of approval for sewage works from the Ministry of Environment and Climate Change, in accordance with Section 53 of the Ontario Water Resources Act, for the extension of the municipal storm sewer along Bechtel Drive, to the satisfaction of the City's Director of Engineering Services. viii. That the owners shall prepare a servicing plan showing outlets to the municipal servicing system for the severed and retained parcels to the satisfaction of the City's Engineering Division COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -37- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) ix. That the owners shall 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 Division. X. That the owners shall make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department and agency. xi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services and Operations Division for the installation, to City standards, of paved driveway ramps on the severed lands and the retained lands. xii. That the owners shall remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City's Planning Division. Furthermore, the owners shall install a new driveway on the retained lands, connecting Doon Village Road to the existing detached garage at the rear of the property. C. Prior to Gradinq, Tree Removal, or Buildinq Permit Issuance: That the owners shall implement all approved measures for the protection of trees as approved in the Tree Preservation Plan (where applicable) and to provide written certification from the owners' Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with the prior approval of the City's Director of Planning. D. Prior to Application for and Issuance of any Buildinq Permits: That the owners shall agree that Designating By-law #84-52 shall be amended to reflect the heritage attributes listed in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018 and the revised legal description for the retained lands municipally addressed as 883 Doon Village Road. That the owners shall agree to submit building elevation drawings, building location drawings, and lot grading drawings, for the Severed Lands as identified in the approved Urban Design Guidelines for approval by the City's Director of Planning. The owners shall further agreesthat dwellings shall be designed and constructed in accordance with the approved plans, to the satisfaction of the City's Chief Building Official. E. Other Time Frames: That the owners shall agree that no building permit shall be applied for or issued for the severed lands, Lots 1-4, unless the building designs are in accordance with the approved Urban Design Guidelines to the satisfaction of the City's Chief Building Official and Director of Planning. The owners and subsequent owners of affected lots are advised that this requirement shall also apply to future additions, major alterations and fencing. That the owners shall agree to develop Lots 1-4 in accordance with the approved Urban Design Guidelines, to the satisfaction of the City's Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -38- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) That prior to endorsement of the deeds associated with consent applications B 2018-006 to B 2018-009 or February 20, 2020, whichever shall occur first, the owners shall fulfill the following: That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House (previously referred to as the coach house) and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners' consulting engineer and qualified building mover, to the satisfaction of the City's Director of Planning. b. Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City Solicitor, in consultation with the City's Director of Planning. C. That the City shall agree that the Heritage Covenant Agreement may be removed from title at the owners expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House to the satisfaction of the City's Director of Planning, and following adoption of the updated designating by-law for 883 Doon Village Road. iv. That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City's Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City's Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City's 2014 Official Plan. Further, the Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. 5. That the owners shall submit an archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 6. That the owners shall enter into a Registered Development Agreement with the City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on severed Lots 1 and 2: The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -39- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: Purchasers/tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. It is the opinion of this Committee that: 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.kitcener.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 February 19, 2021. Carried Submission No.: CC 2019-002 Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of ALISON and ROBERT LAFRANCE requesting permission to modify Condition 4 of the Decision of Provisional Consent application B 2018-007, granted by the Committee of Adjustment on April 17, 2018, to provide for the conditions outlined in the modified subdivision agreement to be cleared prior to deed endorsement rather than 1 year from the date of the decision, on Part Lot 2, Biehn's Tract, Block 1, Plan 1445, 883 Doon Village Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -40- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owners shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the severed and retained lands. Said agreement shall include the following special conditions: A. Prior to Endorsement of Deeds associated with consent applications B 2018-006, B 2018-007, B 2018-008, and B 2018-009 and prior to the fulfillment of the 4B conditions: That the owners shall submit and receive approval of a scoped Conservation Plan in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City's Director of Planning. The scoped Conservation Plan will include direction on the conservation works that must be undertaken prior to, during and after the Hog and Hen House is relocated, including repairs and supports recommended by the owners' consulting engineer and qualified building mover. That the owners shall submit and receive approval of a letter prepared by a qualified building mover, to the satisfaction of the City's Director of Planning, confirming that the Hog and Hen House can be moved. That the owners shall submit and receive approval of an updated Structural Engineers' Report, to be coordinated with both the scoped Conservation Plan and letter from a qualified building mover, to the satisfaction of the City's Director of Planning. iv. That the owners shall prepare a Tree Preservation Plan for each of the severed lots, and the retained lot, in accordance with the City's Tree Management Policy, each of which is to be approved by the City's Director of Planning. Such plans shall include, among other matters, retention of street trees along Bechtel Drive adjacent to the proposed lots, identification of proposed driveways, proposed building envelopes/work zones, landscaped areas, proposed additional street trees, and vegetation to be preserved. B. Prior to Endorsement of the Deeds associated with consent applications B 2018- 006, B 2018-007, B 2018-008, and B 2018-009: That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City's Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -41- CITY OF KITCHENER 1. Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City's Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City's 2014 Official Plan. Further, the approved Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City's Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House, in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners' consulting engineer and qualified building mover, to the satisfaction of the City's Director of Planning. Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City's Solicitor, in consultation with the City's Director of Planning. The City agrees that the Heritage Covenant Agreement may be removed from title at the owners' expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House and following the adoption of the updated Designating By-law for 883 Doon Village Road both to the satisfaction of the City's Director of Planning. iii. That the owners shall agree to document and provide measured drawings of the Hog and Hen House to the satisfaction of the City Director of Planning. iv. That the owners shall agree to retain a qualified building mover to relocate the Hog and Hen House onto the retained lands, to the satisfaction of the City's Director of Planning and the Chief Building Official. V. That the owners shall obtain a building permit to relocate the Hog and Hen House from the City's Building Division and actually relocate said building as part of this milestone, to the satisfaction of the City's Director of Planning and the Chief Building Official. vi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to both the severed and retained lands. This will include, but not be limited to, the extension of storm sewer(s). vii. That the owners shall obtain a certificate of approval for sewage works from the Ministry of Environment and Climate Change, in accordance with Section 53 of the Ontario Water Resources Act, for the extension of the municipal storm sewer along Bechtel Drive, to the satisfaction of the City's Director of Engineering Services. viii. That the owners shall prepare a servicing plan showing outlets to the municipal servicing system for the severed and retained parcels to the satisfaction of the City's Engineering Division. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -42- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) ix. That the owners shall 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 Division. X. That the owners shall make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department and agency. xi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services and Operations Division for the installation, to City standards, of paved driveway ramps on the severed lands and the retained lands. xii. That the owners shall remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City's Planning Division. Furthermore, the owners shall install a new driveway on the retained lands, connecting Doon Village Road to the existing detached garage at the rear of the property. C. Prior to Gradinq, Tree Removal, or Buildinq Permit Issuance: That the owners shall implement all approved measures for the protection of trees as approved in the Tree Preservation Plan (where applicable) and to provide written certification from the owners' Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with the prior approval of the City's Director of Planning. D. Prior to Application for and Issuance of any Buildinq Permits: That the owners shall agree that Designating By-law #84-52 shall be amended to reflect the heritage attributes listed in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018 and the revised legal description for the retained lands municipally addressed as 883 Doon Village Road. That the owners shall agree to submit building elevation drawings, building location drawings, and lot grading drawings, for the Severed Lands as identified in the approved Urban Design Guidelines for approval by the City's Director of Planning. The owners shall further agrees that dwellings shall be designed and constructed in accordance with the approved plans, to the satisfaction of the City's Chief Building Official. E. Other Time Frames: That the owners shall agree that no building permit shall be applied for or issued for the severed lands, Lots 1-4, unless the building designs are in accordance with the approved Urban Design Guidelines to the satisfaction of the City's Chief Building Official and Director of Planning. The owners and subsequent owners of affected lots are advised that this requirement shall also apply to future additions, major alterations and fencing. That the owners shall agree to develop Lots 1-4 in accordance with the approved Urban Design Guidelines, to the satisfaction of the City's Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -43- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) That prior to endorsement of the deeds associated with consent applications B 2018-006 to B 2018-009 or February 20, 2020, whichever shall occur first, the owners shall fulfill the following: That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House (previously referred to as the coach house) and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners' consulting engineer and qualified building mover, to the satisfaction of the City's Director of Planning. b. Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City Solicitor, in consultation with the City's Director of Planning. C. That the City shall agree that the Heritage Covenant Agreement may be removed from title at the owners expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House to the satisfaction of the City's Director of Planning, and following adoption of the updated designating by-law for 883 Doon Village Road. iv. That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City's Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City's Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City's 2014 Official Plan. Further, the Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. 5. That the owners shall submit an archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 6. That the owners shall enter into a Registered Development Agreement with the City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on severed Lots 1 and 2: The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -44- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: Purchasers/tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. It is the opinion of this Committee that: 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.kitcener.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 February 19, 2021. Carried Submission No.: CC 2019-003 Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of ALISON and ROBERT LAFRANCE requesting permission to modify Condition 4 of the Decision of Provisional Consent application B 2018-008, granted by the Committee of Adjustment on April 17, 2018, to provide for the conditions outlined in the modified subdivision agreement to be cleared prior to deed endorsement rather than 1 year from the date of the decision, on Part Lot 2, Biehn's Tract, Block 1, Plan 1445, 883 Doon Village Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -45- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owners shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the severed and retained lands. Said agreement shall include the following special conditions: A. Prior to Endorsement of Deeds associated with consent applications B 2018-006, B 2018-007, B 2018-008, and B 2018-009 and prior to the fulfillment of the 4B conditions: That the owners shall submit and receive approval of a scoped Conservation Plan in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City's Director of Planning. The scoped Conservation Plan will include direction on the conservation works that must be undertaken prior to, during and after the Hog and Hen House is relocated, including repairs and supports recommended by the owners' consulting engineer and qualified building mover. That the owners shall submit and receive approval of a letter prepared by a qualified building mover, to the satisfaction of the City's Director of Planning, confirming that the Hog and Hen House can be moved. That the owners shall submit and receive approval of an updated Structural Engineers' Report, to be coordinated with both the scoped Conservation Plan and letter from a qualified building mover, to the satisfaction of the City's Director of Planning. iv. That the owners shall prepare a Tree Preservation Plan for each of the severed lots, and the retained lot, in accordance with the City's Tree Management Policy, each of which is to be approved by the City's Director of Planning. Such plans shall include, among other matters, retention of street trees along Bechtel Drive adjacent to the proposed lots, identification of proposed driveways, proposed building envelopes/work zones, landscaped areas, proposed additional street trees, and vegetation to be preserved. B. Prior to Endorsement of the Deeds associated with consent applications B 2018- 006, B 2018-007, B 2018-008, and B 2018-009: That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City's Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -46- CITY OF KITCHENER 1. Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City's Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City's 2014 Official Plan. Further, the approved Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City's Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House, in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners' consulting engineer and qualified building mover, to the satisfaction of the City's Director of Planning. Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City's Solicitor, in consultation with the City's Director of Planning. The City agrees that the Heritage Covenant Agreement may be removed from title at the owners' expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House and following the adoption of the updated Designating By-law for 883 Doon Village Road both to the satisfaction of the City's Director of Planning. iii. That the owners shall agree to document and provide measured drawings of the Hog and Hen House to the satisfaction of the City Director of Planning. iv. That the owners shall agree to retain a qualified building mover to relocate the Hog and Hen House onto the retained lands, to the satisfaction of the City's Director of Planning and the Chief Building Official. V. That the owners shall obtain a building permit to relocate the Hog and Hen House from the City's Building Division and actually relocate said building as part of this milestone, to the satisfaction of the City's Director of Planning and the Chief Building Official. vi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to both the severed and retained lands. This will include, but not be limited to, the extension of storm sewer(s). vii. That the owners shall obtain a certificate of approval for sewage works from the Ministry of Environment and Climate Change, in accordance with Section 53 of the Ontario Water Resources Act, for the extension of the municipal storm sewer along Bechtel Drive, to the satisfaction of the City's Director of Engineering Services. viii. That the owners shall prepare a servicing plan showing outlets to the municipal servicing system for the severed and retained parcels to the satisfaction of the City's Engineering Division. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -47- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) ix. That the owners shall 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 Division. X. That the owners shall make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department and agency. xi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services and Operations Division for the installation, to City standards, of paved driveway ramps on the severed lands and the retained lands. xii. That the owners shall remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City's Planning Division. Furthermore, the owners shall install a new driveway on the retained lands, connecting Doon Village Road to the existing detached garage at the rear of the property. C. Prior to Gradinq, Tree Removal, or Buildinq Permit Issuance: That the owners shall implement all approved measures for the protection of trees as approved in the Tree Preservation Plan (where applicable) and to provide written certification from the owners' Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with the prior approval of the City's Director of Planning. D. Prior to Application for and Issuance of any Buildinq Permits: That the owners shall agree that Designating By-law #84-52 shall be amended to reflect the heritage attributes listed in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018 and the revised legal description for the retained lands municipally addressed as 883 Doon Village Road. That the owners shall agree to submit building elevation drawings, building location drawings, and lot grading drawings, for the Severed Lands as identified in the approved Urban Design Guidelines for approval by the City's Director of Planning. The owners shall further agrees that dwellings shall be designed and constructed in accordance with the approved plans, to the satisfaction of the City's Chief Building Official. E. Other Time Frames: That the owners shall agree that no building permit shall be applied for or issued for the severed lands, Lots 1-4, unless the building designs are in accordance with the approved Urban Design Guidelines to the satisfaction of the City's Chief Building Official and Director of Planning. The owners and subsequent owners of affected lots are advised that this requirement shall also apply to future additions, major alterations and fencing. That the owners shall agree to develop Lots 1-4 in accordance with the approved Urban Design Guidelines, to the satisfaction of the City's Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -48- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) That prior to endorsement of the deeds associated with consent applications B 2018-006 to B 2018-009 or February 20, 2020, whichever shall occur first, the owners shall fulfill the following: That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House (previously referred to as the coach house) and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners' consulting engineer and qualified building mover, to the satisfaction of the City's Director of Planning. b. Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City Solicitor, in consultation with the City's Director of Planning. C. That the City shall agree that the Heritage Covenant Agreement may be removed from title at the owners expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House to the satisfaction of the City's Director of Planning, and following adoption of the updated designating by-law for 883 Doon Village Road. iv. That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City's Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City's Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City's 2014 Official Plan. Further, the Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. 5. That the owners shall submit an archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 6. That the owners shall enter into a Registered Development Agreement with the City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on severed Lots 1 and 2: The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -49- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: Purchasers/tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. It is the opinion of this Committee that: 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.kitcener.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 February 19, 2021. Carried Submission No.: CC 2019-004 Moved by Ms. J. Meader Seconded by Mr. S. Hannah That the application of ALISON and ROBERT LAFRANCE requesting permission to modify Condition 4 of the Decision of Provisional Consent application B 2018-009, granted by the Committee of Adjustment on April 17, 2018, to provide for the conditions outlined in the modified subdivision agreement to be cleared prior to deed endorsement rather than 1 year from the date of the decision, on Part Lot 2, Biehn's Tract, Block 1, Plan 1445, 883 Doon Village Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owners shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -50- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) 2. That the owners shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owners shall pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the owners shall enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the severed and retained lands. Said agreement shall include the following special conditions: A. Prior to Endorsement of Deeds associated with consent applications B2018-006, B2018-007, B2018-008, and B2018-009 and prior to the fulfillment of the 4B conditions: That the owners shall submit and receive approval of a scoped Conservation Plan in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City's Director of Planning. The scoped Conservation Plan will include direction on the conservation works that must be undertaken prior to, during and after the Hog and Hen House is relocated, including repairs and supports recommended by the owners' consulting engineer and qualified building mover. That the owners shall submit and receive approval of a letter prepared by a qualified building mover, to the satisfaction of the City's Director of Planning, confirming that the Hog and Hen House can be moved. That the owners shall submit and receive approval of an updated Structural Engineers' Report, to be coordinated with both the scoped Conservation Plan and letter from a qualified building mover, to the satisfaction of the City's Director of Planning. iv. That the owners shall prepare a Tree Preservation Plan for each of the severed lots, and the retained lot, in accordance with the City's Tree Management Policy, each of which is to be approved by the City's Director of Planning. Such plans shall include, among other matters, retention of street trees along Bechtel Drive adjacent to the proposed lots, identification of proposed driveways, proposed building envelopes/work zones, landscaped areas, proposed additional street trees, and vegetation to be preserved. B. Prior to Endorsement of the Deeds associated with consent applications B 2018- 006, B 2018-007, B 2018-008, and B 2018-009: That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City's Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -51- CITY OF KITCHENER 1. Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City's Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City's 2014 Official Plan. Further, the approved Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City's Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House, in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners' consulting engineer and qualified building mover, to the satisfaction of the City's Director of Planning. Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City's Solicitor, in consultation with the City's Director of Planning. The City agrees that the Heritage Covenant Agreement may be removed from title at the owners' expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House and following the adoption of the updated Designating By-law for 883 Doon Village Road both to the satisfaction of the City's Director of Planning. iii. That the owners shall agree to document and provide measured drawings of the Hog and Hen House to the satisfaction of the City Director of Planning. iv. That the owners shall agree to retain a qualified building mover to relocate the Hog and Hen House onto the retained lands, to the satisfaction of the City's Director of Planning and the Chief Building Official. V. That the owners shall obtain a building permit to relocate the Hog and Hen House from the City's Building Division and actually relocate said building as part of this milestone, to the satisfaction of the City's Director of Planning and the Chief Building Official. vi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to both the severed and retained lands. This will include, but not be limited to, the extension of storm sewer(s). vii. That the owners shall obtain a certificate of approval for sewage works from the Ministry of Environment and Climate Change, in accordance with Section 53 of the Ontario Water Resources Act, for the extension of the municipal storm sewer along Bechtel Drive, to the satisfaction of the City's Director of Engineering Services. viii. That the owners shall prepare a servicing plan showing outlets to the municipal servicing system for the severed and retained parcels to the satisfaction of the City's Engineering Division. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -52- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) ix. That the owners shall 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 Division. X. That the owners shall make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department and agency. xi. That the owners shall make financial arrangements to the satisfaction of the City's Engineering Services and Operations Division for the installation, to City standards, of paved driveway ramps on the severed lands and the retained lands. xii. That the owners shall remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City's Planning Division. Furthermore, the owners shall install a new driveway on the retained lands, connecting Doon Village Road to the existing detached garage at the rear of the property. C. Prior to Gradinq, Tree Removal, or Buildinq Permit Issuance: That the owners shall implement all approved measures for the protection of trees as approved in the Tree Preservation Plan (where applicable) and to provide written certification from the owners' Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with the prior approval of the City's Director of Planning. D. Prior to Application for and Issuance of any Buildinq Permits: That the owners shall agree that Designating By-law #84-52 shall be amended to reflect the heritage attributes listed in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018 and the revised legal description for the retained lands municipally addressed as 883 Doon Village Road. That the owners shall agree to submit building elevation drawings, building location drawings, and lot grading drawings, for the Severed Lands as identified in the approved Urban Design Guidelines for approval by the City's Director of Planning. The owners shall further agrees that dwellings shall be designed and constructed in accordance with the approved plans, to the satisfaction of the City's Chief Building Official. E. Other Time Frames: That the owners shall agree that no building permit shall be applied for or issued for the severed lands, Lots 1-4, unless the building designs are in accordance with the approved Urban Design Guidelines to the satisfaction of the City's Chief Building Official and Director of Planning. The owners and subsequent owners of affected lots are advised that this requirement shall also apply to future additions, major alterations and fencing. That the owners shall agree to develop Lots 1-4 in accordance with the approved Urban Design Guidelines, to the satisfaction of the City's Director of Planning. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -53- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) That prior to endorsement of the deeds associated with consent applications B 2018-006 to B 2018-009 or February 20, 2020, whichever shall occur first, the owners shall fulfill the following: That the owners shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House (previously referred to as the coach house) and to facilitate the taking of a Letter of Credit or other like security in a form and content satisfactory to the City Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House in accordance with the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the owners' consulting engineer and qualified building mover, to the satisfaction of the City's Director of Planning. b. Further, the owners shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the City Solicitor, in consultation with the City's Director of Planning. C. That the City shall agree that the Heritage Covenant Agreement may be removed from title at the owners expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House to the satisfaction of the City's Director of Planning, and following adoption of the updated designating by-law for 883 Doon Village Road. iv. That the owners shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment (HIA), prepared by MHBC Planning, dated January 2018, to the satisfaction of the City's Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City's Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City's 2014 Official Plan. Further, the Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. 5. That the owners shall submit an archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 6. That the owners shall enter into a Registered Development Agreement with the City of Kitchener to secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on severed Lots 1 and 2: The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. COMMITTEE OF ADJUSTMENT MINUTES FEBRUARY 19, 2019 -54- CITY OF KITCHENER Submission Nos.: CC 2019-001 to CC 2019-004 (Cont'd) The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: Purchasers/tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. It is the opinion of this Committee that: 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.kitcener.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 February 19, 2021. Carried ADJOURNMENT On motion, the meeting adjourned at 10:47 a.m. Dated at the City of Kitchener this 19th day of February, 2019 Dianna Saunderson Secretary -Treasurer Committee of Adjustment