That the application of DOUGLAS ROBERT COULTER and LISA ANN AUBIN requesting consent to sever a parcel of land having a width of 10.0m along Second Avenue, a depth of 40.2m and an area of 404.7sq.m, on Lot 16, Plan 254, 46 Second Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. 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.
2. 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.
3. 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.
4. 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.
5. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding lawyer names and asset information to the satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
6. 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.
7. That the property owner shall ensure any new driveways are to be built to the City of Kitchener standards at the Owner’s expense prior to occupancy of the building to the satisfaction of the City’s Director of Engineering Services.
8. 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 a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City’s Director of Engineering Services.
9. That the property owner shall make financial arrangements to the City of Kitchener a cash-in-lieu contribution for park dedication equal to $11,862.00 of the value of the lands to be severed.
10. 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 Director of Planning.
11. That the property owner shall obtain a permit for the existing dwelling proposed to be demolished, to the satisfaction of the Chief Building Official.
12. 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 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 property owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Supervisor of 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 notions of their size, species and condition;
v) Justification for any trees to be removed; and
vi) Building elevation drawings.
vii) If necessary, the plan shall include required mitigation and/or compensation measures.
viii) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of the building permit
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 of Site Plans.
13. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
14. That the property owner shall enter into a registered agreement with the Region of Waterloo on both retained and severed lots:
a) The dwelling will be fitted with a forced air-ducted heating system suitably sized and designed with provision for the installation of central air conditioning in future at the occupant’s discretion.
b) The following noise warning clause will be included in all offers of purchase, deeds and rental agreements:
“The purchasers/tenants are advised that this dwelling 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 winds 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 Environment, Conservation and Parks (MECP).”
“Purchasers/tenants are advised that sound levels due to increasing transportation noise on Conestoga Parkway (Highway 7/8) 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 & Parks (MECP)”
c) That as an alternative to a) and b) above, the property owner agrees to complete a road traffic noise study to the satisfaction of the City of Kitchener, in consultation with the Region of Waterloo, and to amend this agreement to implement the recommendations of the accepted noise study.
It is the opinion of this Committee that:
1. A plan of subdivision is not necessary for the proper and orderly development of the municipality.
2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands.
3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan.
Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.
Pursuant to 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.