Submission No. B 2023-033
That the application of ACTIVA HOLDINGS INC (ALEX SUMNER) requesting permission to sever a parcel of land identified as “Lands to be Severed 1” on the plan submitted with the application, having a width on Huron Road of 79.6m, a depth of 149.72m and an area of 1.49 hectares, further permission is being requested to grant an easement on “Lands to be Severed 1” having a width of 7.3m, a depth of 149.7m and an area of 0.1 hectares in favour of “Lands to be Severed 2” and the retained land for access, in accordance with Site Plan Application SP22/128/H/TS, on Part Lot 1, Plan 1382; being Part 1 on Reference Plan 58R-20353, 495 Huron Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
- That Minor Variance Application A 2023-103 receive final approval.
- 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 Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City’s Supervisor, Development Applications:
a) A clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and
b) A clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City.
4. That a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor.
5. 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.
6. 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.
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 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.
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 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.
12. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00.
13. That the property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006.
14. That the property owner/applicant shall enter into a registered agreement with the City of Kitchener to provide the following:
a) The developer agrees to implement the recommendations of the report “Proposed Activa Huron (B2 Lands) Development-Huron Road & Strasburg Road Kitchener Ontario-Noise Impact Study FINAL REPORT” dated June 22, 2022, as prepared by Stantec Consulting Limited further agrees that:
b) Proposed Building (ALL DWELLING UNITS)
North and East Facades
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- The dwelling/building will be installed forced air-ducted heating and ventilation system suitable sized and designed for the provision of installation of central air conditioning at the occupant’s discretion.
- The following Noise Warning Clauses be included on all offers of purchase, deeds and rental agreements for the building:
“Purchasers/tenants are advised that sound levels due to increasing road traffic on Huron Road may occasionally 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.”
“This dwelling unit has been designed with the provision for 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 Environment Conservation and Parks.”
South Façade
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- The dwelling/building will be installed forced air-ducted heating and ventilation system suitable sized and designed for the provision of installation of central air conditioning at the occupant’s discretion.
- The building/units will be designed and installed with special building components with a minimum STC Rating of 29.
- The acoustic assessment will be updated, and the STC Rating values will be reviewed once the final design and the architectural drawings are available.
- The following Noise Warning Clauses be included on all offers of purchase, deeds and rental agreements for the building:
“Purchasers/tenants are advised that sound levels due to increasing road traffic on Huron Road may occasionally 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.”
“This dwelling unit has been designed with the provision for 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 Environment Conservation and Parks.”
North, South and East Facades
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- The following Noise Warning Clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building:
”Purchasers/tenants are advised that due to the proximity of the adjacent industrial and commercial facilities, noise from these facilities may at times be audible.”
c) That a certificate of compliance from a Professional Engineer qualified in acoustics, licensed in the Province of Ontario, certifying that the noise mitigation measures in Clauses a) and b) above have been provided and meets the required noise level objectives of the MECP NPC-300 guidelines.
15. That the property owner/applicant shall submit a Salt Management Plan for review and acceptance by the Regional Commissioner of Planning, Development and Legislative Services.
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.