HomeMy WebLinkAboutDSD-2023-040 - B 2023-002 to 003, A 2023-011 to 013 - 83, 87 & 97 Victoria Street North
Development Services Department www.kitchener.ca
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That the ownerÓs Solicitor shall provide a SolicitorÓs Undertaking to register an
That the property ownerÓs solicitor shall provide draft transfer documents and
satisfaction of the CityÓs Revenue Division.
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Standards to the satisfaction of the CityÓs Mapping Technologist.
Spatial separation of existing buildingsÓ wall face to the satisfaction of the Chief
That the ownerÓs Solicitor shall provide a SolicitorÓs Undertaking to register an
That the property ownerÓs solicitor shall provide draft transfer documents and
satisfaction of the CityÓs Revenue Division.
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Standards to the satisfaction of the CityÓs Mapping Technologist.
Spatial separation of existing buildingsÓ wall face to the satisfaction of the Chief
which operate as one ÐcampusÑ providing
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will continue to function as one ÐcampusÓ where people can
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The subject properties are identified as ÒUrban Growth CentreÓ on Map 2 Î
designated ÒInnovation DistrictÓ on Map 4 ÎUrban Growth Centre in the CityÓs 2014 Official Plan.
ÒWarehouse District Zone (D
Provision 10H and 14TÓ in Zoning By
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The subject lands are designated ÒInnovation DistrictÓ (Map 4, Urban Growth Centre) in the City of
Side yard, lot width, and façade height variances:
Rear yard variances:
Parking variances:
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ityÓs downtown contains an established network of
spaces in the CityÓs downtown. Planning staff do not expect any adverse impacts as a result of the
The subject lands are located within the CityÓs delineated Urban Growth Centre (UGC), and within a
he CityÓs OP on Map 2 Î
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Urban Area policies of the ROP identify that the focus of the RegionÓs fut
CityÓs Official Plan (2014)
The subject properties are identified as ÒUrban Growth CentreÓ oÎ
designated ÒInnovation DistrictÓ on Map 4 ÎUrban Growth Centre in the CityÓs 2014 Official Plan.
ÒWarehouse District Zone (D
Special Uses 116U and 403U Holding Provision 10H and 14TÓ in Zoning By
appropriate. The future use of both the severed and retained parcels are in conformity with the CityÓs
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Spatial separation of existing buildingsÓ wall
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ÎThis report has been posted to the CityÓs website with the agenda in advance of the
additional information on the CityÓs website or by emailing the Planning Division. A noti
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Regional Road Dedication:
Access Permit/TIS/Access Regulation:
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Stormwater Management & Site Grading:
Transit Planning:
Environmental Noise:
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To: Kitchener Committee of Adjustments
From: Farah Faroque, Intern
Adjacent Developments GO Expansion - Third Party Projects Review - Metrolinx
Date: January 4, 2023
Re:
Metrolinx is in receipt of the two (2) consent applications for 83 and 87 Victoria St N to facilitate the
severence of Lot Additions from both 83/87 Victoria St N to be added to 97 Victoria St N. Metrolinx is
also in receipt of the three (3) minor variance applications for 83, 87, and 97 Victoria St N to facilitate
the "The Working Centre 97 Victoria Campus" including a three storey building, a new community
kitchen and clinic. Metrolinxşs comments on the subject application are noted below:
The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which
carries Metrolinx's Kitchener GO Train service.
As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of
Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall
grant Metrolinx an environmental easement for operational emissions. The environmental
easement provides clear notification to those who may acquire an interest in the subject
property and reduces the potential for future land use conflicts. The environmental easement
shall be registered on title of the subject property. A copy of the form of easement is included
for the Owner's information. The applicant may contact Derek.Brunelle@Metrolinx.com with
questions and to initiate the registration process.
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We understand that Metrolinx has previously requested that an environmental
easement be registered as a condition of Site Plan Approval. Registration of the
easement will be required prior to clearance of Site Plan Approval. (It should be noted
that the registration process can take up to 6 weeks). If the process has not yet been
initiated, please contact Derek.Brunelle@Metrolinx.com.
The Proponent shall provide confirmation to Metrolinx, that the following warning clause has
been inserted into all Development Agreements, Offers to Purchase, and Agreements of
Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor
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The Applicant is advised that the subject land is located within Metrolinxşs
Warning:
300 metres railway corridor zone of influence and as such is advised that Metrolinx and
its assigns and successors in interest has or have a right-of-way within 300 metres from
the subject land. The Applicant is further advised that there may be alterations to or
expansions of the rail or other transit facilities on such right-of-way in the future
including the possibility that Metrolinx or any railway entering into an agreement with
Metrolinx to use the right-of-way or their assigns or successors as aforesaid may
expand or alter their operations, which expansion or alteration may affect the
environment of the occupants in the vicinity, notwithstanding the inclusion of any noise
and vibration attenuating measures in the design of the development and individual
lots, blocks or units.
Should you have any questions or concerns, please do not hesitate to contact me.
Best regards,
Farah Faroque
Intern, Third Party Projects Review
Metrolinx
20 Bay Street Suite 600, Toronto
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Form of Easement
WHEREAS the Transferor is the owner of those lands legally described in the
Properties section of the Transfer Easement to which this Schedule is attached (the
"Easement Lands");
IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a
permanent and perpetual non-exclusive easement or right and interest in the nature of a
permanent and perpetual non-exclusive easement over, under, along and upon the whole of
the Easement Lands and every part thereof for the purposes of discharging, emitting,
releasing or venting thereon or otherwise affecting the Easement Lands at any time during
the day or night with noise, vibration and other sounds and emissions of every nature and
kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter,
electromagnetic interference and stray current but excluding spills, arising from or out of, or
in connection with, any and all present and future railway or other transit facilities and
operations upon the lands of the Transferee and including, without limitation, all such
facilities and operations presently existing and all future renovations, additions, expansions
and other changes to such facilities and all future expansions, extensions, increases,
enlargement and other changes to such operations (herein collectively called the
"Operational Emissions").
THIS Easement and all rights and obligations arising from same shall extend to, be
binding upon and enure to the benefit of the parties hereto and their respective officers,
directors, shareholders, agents, employees, servants, tenants, sub-tenants, customers,
licensees and other operators, occupants and invitees and each of its or their respective
heirs, executors, legal personal representatives, successors and assigns. The covenants and
obligations of each party hereto, if more than one person, shall be joint and several.
Easement in gross.
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