That the application of SSB DEVELOPMENTS LTD requesting permission to sever a parcel of land having a width of 9.6m, a depth of 38.2m and an area of 378.5sq.m, on Lot 288, Plan 230, Part Lot 289 to 291, 5 South Drive, 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 there are no outstanding taxes on the subject property 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 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.
- That the property owner shall obtain Demolition Control approval, in accordance with the City’s Demolition Control By-law, to the satisfaction of the City’s Manager of Development Review.
- That the property owner shall obtain a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement.
- That the property owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following:
a) That the property owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Supervisor, Site Plans, and where necessary, implemented prior to any grading, tree removal or the issuance of demolition and building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved.
b) That the property owner shall implement the Tree Preservation and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Supervisor, Site Plans.
c) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development.
7. That the property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services.
8. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
9. That the property owner shall make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City’s Director of Engineering Services.
10. That the property owner shall ensure that any new driveways are to be constructed to City of Kitchener standards at the property owner’s expense prior to occupancy of the building, and in a paired location to the satisfaction of the City’s Director of Transportation and Director of Engineering Services.
11. That the property owner shall provide confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City’s Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
12. That the property owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $4,704.49 of the value of the lands to be severed.
13. That the property owner shall fulfil one of the following three requirements to ensure that any City-owned tree will not be impacted by the proposed development:
a) Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed and retained lands, which shall include the following:
i) That the property owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City’s Tree Management Policy, demonstrating protection and preservation of the City-owned tree that is located adjacent to the severed and/or retained lands, to the satisfaction of and approval by the City’s Director Parks and Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelop/work zone, a landscaped area and the vegetation to be preserved. No chances to the said plan shall be granted except with the prior approval of the City’s Director Parks and Cemeteries.
ii) That the property owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Director Parks and Cemeteries.
iii) That the property owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development.
OR
b) Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following:
i) That the property owner shall prepare a Street Tree Planting Plan that shows the replacement of the City-owned tree to be removed (located adjacent to the severed and/or retained lands) with two (2) suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City’s Director Parks and Cemeteries. No chances to the said plan shall be granted except with the prior approval of the City’s Director Parks and Cemeteries.
ii) That the property owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City’s Director Parks and Cemeteries.
OR
c) Make arrangements regarding financial compensation for the trees to be removed, to the satisfaction of the City’s Director of Parks and Cemeteries.
14. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo.
15. That the property owner shall submit a valid Section 59 Notice to the satisfaction of the Region of Waterloo.
16. That the property owner shall enter into an agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, which must be registered on title for both the retained and severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements:
Dwelling on Severed and Retained Lots:
a) The dwelling unit must be installed with an air-ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning.
b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements:
i) Type C - “The purchasers/tenants are advised that sound levels due to increasing road traffic on the municipal street system in the vicinity may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and Parks (MECP). In addition, 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 Region of Waterloo and the MECP.”
ii) Type B and Stationary Noise – “Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on the municipal street system, and stationary noise from the existing land uses in the vicinity, may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo 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.