That the application of MANAF MAHMOOD SAAB and MUSAAB MAHMOUD SAAUB and SAIF MAHMOOD SAAB SAAB requesting consent to sever a parcel of land having a width of 9.4m, a depth of 40m and an area of 377sq.m, on Part Block B, Plan 254, 97 Second Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
- That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required.
- That the property owner 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.
- That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size 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.
- That the property owner shall enter into an agreement to be prepared by the City Solicitor which shall acknowledge that the severed lands are un-serviced and shall provide for the installation of services and service connections to the severed lands to be completed prior to any future development of the severed lands. The agreement shall further require the Owner to include a notice provision in all future Agreements of Purchase and Sale for the severed lands advising potential Purchaser(s) that the severed lands are un-serviced. The said agreement shall be to the satisfaction of the Director of Engineering and the City Solicitor and shall be registered on title to the severed lands.
- That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00.
- That the property owner shall obtain a Demolition Permit, for the accessory structure proposed to be demolished, to the satisfaction of the Chief Building Official, and remove the existing accessory structure prior to deed endorsement.
- That at the sole option of the City’s Director of Planning, the property owner shall enter into an agreement with the City of Kitchener, to be registered on title for both the severed and retained lands. The said agreement shall be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City’s Director of Planning, which shall include the following:
a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Supervisor, Site Plans showing:
(i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways;
(ii) the location of any existing buildings or structures to be removed or relocated;
(iii) the proposed grades and drainage;
(iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition;
(v) justification for any trees to be removed; and
(vi) outline tree protection measures for trees to be preserved; and
(vii) building elevation drawings.
(viii) If necessary, the plan shall include required mitigation and or compensation measures.
(ix) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s).
b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City’s Supervisor, Site Plans.
- That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
- That the property owner shall enter into a registered development agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, that includes the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale and Lease/Rental Agreements:
a) For the Severed lands:
i) The dwelling will be fitted with a forced air-ducted heating system suitably sized and designed with provision for the installation of air conditioning in future at the occupant’s discretion.
ii) The following noise warning clause will be included in all offers of purchase and sale and lease/rental agreements for the Severed lands:
“The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP).”
“This dwelling has been fitted with a forced air-ducted heating system and has been designed with the provision of adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium-density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP).”
b) For the Retained lands:
i) The following noise-warning clause shall be included in all offers of purchase and sale and lease/rental agreements for the Retained lands:
“The purchasers/tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Waterloo Region and the Ministry of the Environment Conservation and Parks (MECP).”
It is the opinion of this Committee that:
- A plan of subdivision is not necessary for the proper and orderly development of the municipality.
- The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands.
- The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan.
Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.
Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision.
Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not carried out within the two-year period, but the council or the Minister in giving the consent may provide for an earlier lapsing of the consent.