HomeMy WebLinkAboutDSD-2023-312 - A 2023-087 and B 2023-026 - 30-40 Margaret Avenue
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 18, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: July 7, 2023
REPORT NO.: DSD-2023-312
SUBJECT: Minor Variance Application A2023-087 - 30-40 Margaret Avenue
Consent Application B2023-026 - 30-40 Margaret Avenue
RECOMMENDATION:
Minor Variance Application A2023-087
A. That Minor Variance Application A2023-087 for 30-40 Margaret Avenue requesting relief
from the following sections of Zoning By-law 85-1:
i) Section 5.6.1 a) to permit steps with a height of 1.2 metres within 3 metres of a street
line, whereas a maximum of height of steps of 0.6 metres within 3 metres of a street
line is permitted;
ii) Section 6.2 a) to permit a parking requirement of 1.14 parking spaces per dwelling unit
(54 parking spaces), instead of the minimum required 1.25 parking spaces per unit (59
parking spaces);
iii) Section 6.2 b) vi) c) to permit a visitor parking rate of 12.9% (7 parking spaces) instead
of the minimum required 20% visitor parking rate (11 parking spaces);
iv) Section 42.6 to permit an interior side yard setback of 3.6 metres instead of the
minimum required interior side yard setback of 6 metres;
v) Special Regulation Provision 551R to permit a front yard setback of 3.4 metres instead
of the minimum required front yard setback of 4.5 metres;
to facilitate a multiple residential development in accordance with Site Plan Application
SP22/187/M/AP, BE APPROVED.
Consent Application B2023-026
B. That Consent Application B2023-026 requesting consent to sever a parcel of land as a lot
addition to 12 Margaret Avenue/116 Queen Street North having a lot width of 1.8 metres,
a lot depth of 57.5 metres and a lot area of 103.5 square metres, BE APPROVED subject
to the following conditions:
1. That the O
the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor,
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
if required.
2. That the 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
.
3. That the owner provides 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
ng Technologist.
4. That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include that
any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3)
and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
5.
Application Consolidation Parcels immediately following the registration of the
Severance Deed and prior to any new applicable mortgages, and to provide a copy of
the registered Application Consolidation Parcels to the City Solicitor within a
reasonable time following registration.
6. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
7. That the Owner shall grant Metrolinx an environmental easement over the Retained
Lands for operational emissions, to the satisfaction of Metrolinx.
8. That the Owner shall provide confirmation to Metrolinx for the Retained Lands, 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, to the satisfaction of Metrolinx:
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.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for minor variance to facilitate the
construction of 47 townhouse units in a multiple residential development, and an application for
consent for a lot addition to facilitate a land transfer for an access lane.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject propertyand this report wasposted to the
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the North side of Margaret Avenue between Victoria Street North
and Queen Street North. The lot is irregular in shape and is currently vacant.
Figure 1: Location of Subject Property
Through Site Plan Application SP22/187/M/AP, the applicant is dedicating approximately 0.1
hectares of land for parkland to the City on the eastern side of the subject property as part of parkland
dedication requirements (shown in hatched on site plan below). To the east of the proposed park,
there is a 1.8 metre strip of land owned by applicant Activa Holdings Inc. that is subject to easement
Instrument No. 1411856 which acts as a shared access easement between the subject lands and
the adjacent property at 12 Margaret Avenue/116 Queen Street North owned by Church of the Good
Shepherd.
Figure 2: Site Plan SP22/187/M/AP (Conditional Approval)
Figure 3: Detail View of SP22/187/M/AP showing lands to be conveyed
Major Transit Station AreaUrban Structure and is
Medium Density Multiple Residential9 Civic Centre Secondary Plan in the
Residential Eight Zone (R-8 with Special Regulation Provision 551R in
Zoning By-law 85-1.
The purpose of the application is to facilitate the development of the lands with 47 townhouse units
in a multiple dwelling development, and to facilitate the access to adjacent lands through a land
transfer.
Figure 4: View of Vacant Site (June 30, 2023)
REPORT:
Planning Comments Minor Variance Application A2023-087:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
Secondary Plan area is to permit some integrated, medium density redevelopment on Margaret
Avenue and Queen Street North while maintaining the overall residential character of the
neighbourhood. The design of the townhouse development, including building type and materials,
have been considered through a Heritage Impact Assessment completed as part of the site plan
approval process. Staff is of the opinion that the proposed development will provide an opportunity
for redevelopment while maintaining the residential character of the neighbourhood, and therefore
the requested variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Front yard setback
The intent of the regulation that requires a front yard setback of 4.5 metres is to allow for sufficient
separation of buildings from the street line, and to provide for adequate front yard area. Due to the
irregular shape of the rear lot line, the proposed placement of townhouse blocks facing the rear lot
line is designed to adequately buffer and separate them from the existing residential lots on Ellen
Street West. It is preferred to maintain this buffer from the rear lot lines of Ellen, to provide for
adequate separation of buildings. The requested variances are required for Blocks E and H. The two
inner blocks (F and G) are meeting the minimum front yard setback requirement. Staff is satisfied
that the proposed front yard of 3.4 metres for a portion of the frontage of the lot is adequate for front
yard area on this unit typology. The front yards are proposed to be integrated with the streetscape
(an additional 2 metres of land between the front lot line and the existing municipal sidewalk) by
providing plantings and walkways leading from unit entrances to the municipal sidewalk. Staff is of
the opinion that the requested variance for reduction to front yard setback meets the general intent
of the Zoning By-law.
Figure 5: Rendering of proposed buildings along Margaret Avenue (Martin Simmons
Sweers)
Interior side yard setback
The intent of the regulation that requires an interior side yard setback of 6 metres is to provide an
adequate separation of buildings, address privacy concerns, and provide for site functionality. The
proposed side yard setback of 3.6 metres is caused by the land conveyance of parkland to the City
on the Eastern side of the subject property. The 3.6 metre setback is calculated post conveyance of
land. Prior to the conveyance of parkland, the building setback to the side property line is
approximately 26 metres. Staff acknowledge that the interior side yard requirement when abutting
an integrated park feature is different in nature than if it were to be abutting another potential
development lot. Staff are satisfied that the proposed 3.6 metre interior side yard setback to the new
interior lot line abutting the parklands is adequate to provide building separation, address privacy
concerns, and provide for site functionality. Therefore, Staff is of the opinion that the requested
variance for reduction to interior side yard setback meets the general intent of the Zoning By-law.
Parking Reduction (Overall and Visitor)
The intent of the regulations for minimum parking and visitor parking is to provide for adequate
vehicle storage on site. The subject lands are zoned under By-law 85-1, which has parking rates
The subject lands are now located within a Major Transit Station Area and are approximately 600
metres walking distance from the Kitchener City Hall Ion Station Stop. Lands within an MTSA are
appropriate for consideration of reductions to overall and visitor parking rates as greater transit
options and active transportation options can facilitate a more diverse modal split of transportation
for future residents. In addition, cycling lanes are currently being constructed on Margaret Avenue
across the street from the subject lands. Staff is of the opinion that the proposed rate of 1.1 spaces
per unit for overall parking (54 parking) and 12.9% (7 visitor spaces) will provide adequate vehicle
storage for the proposed 47 residential units based on the location of the site and the building
typology. Therefore, Staff is of the opinion that the requested variances for parking reduction meets
the general intent of the Zoning By-law.
Access Steps
The intent of the regulation that restricts the height of steps to 0.6 metres within 3 metres of a street
line is to maintain visibility for pedestrians, cyclists and motorists and to maintain an adequate
separation between private property and the public realm. The access design on the subject lands
allows for an adequate Driveway Visibility Triangle, and ample separation of the access steps/unit
entrances from the two proposed vehicular access aisles. Staff is satisfied that the requested
variance will not cause visibility concerns. Therefore, Staff is of the opinion that the requested
variance for an increase in height of access steps within 3 metres of a street line meets the general
intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The effects of the requested variances are not expected to cause adverse impacts to the abutting
lands or surrounding neighbourhood. Staff are of the opinion that effects of the variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The proposed development makes use of the existing vacant lands within an established
neighbourhood and is appropriate for the use of the lands based on the land use and designation in
the Civic Centre Secondary Plan area. The requested variances to facilitate this development are
appropriate when considering the site context, features, and location within the central part of the
City. Staff are of the opinion that the requested variances are desirable for the appropriate
development and use of the lands.
Figure 6: Severance Sketch (Stantec Geomatics Ltd.)
Planning Comments Consent Application B2023-026:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2014)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will accommodate an appropriate mix
of residential dwelling types by providing a townhouse multiple dwelling building typology. This type
of development is compatible with the surrounding community and will make use of the existing
infrastructure. No new public roads would be required for the proposed development. Planning staff
is of the opinion that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to transit and the subject
lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
The subj The proposed development
targets. The severance application will help make efficient use of existing infrastructure, parks,
roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to
the Growth Plan.
Regional Official Plan (ROP):
uture growth will be within the
Urban Area. The subject lands are designated Built-Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking-water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
The subject property is identified as Urban Structure and is
Medium Density Multiple Dwelling9 Civic Centre Secondary Plan
Official Plan.
Section 17.E.20.4 of the Official Plan discusses consent applications for boundary adjustments.
4 Consents may be permitted for the creation of a new lot, boundary adjustments, rights
of-way, easements, long-term leases and to convey additional lands to an abutting
lot provided an undersized lot is not created.
No new development lot will be created for this boundary adjustment. Staff are of the opinion that
Zoning By-law 85-1
The subject property is zoned as Residential Eight Zone (R-8 with Special Regulation Provision
551R in Zoning By-law 85-1. The proposed boundary adjustment for lands to be conveyed to the
church property at 12 Margaret Avenue/116 Queen Street North of 1.8 metres in width does not
result in a noncompliance of the minimum lot width or lot area requirements in effect on the subject
By-law.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the proposed boundary adjustment is desirable and
appropriate.
Environmental Planning Comments:
No natural heritage issues.
Heritage Planning Comments:
The subject properties are designated under Part V of the Ontario Heritage Act and are located
within the Civic Centre Neighbourhood Heritage Conservation District. There are no concerns with
the proposed variances to parking, the side yard setback, or the maximum height of access steps.
There are no concerns with the proposed variance to the front yard setback provided that the front
streetscape layout can still support an appropriate level of landscaping in order to ensure the new
development established a strong relationship to the street, per the requirements of the Civic Centre
Neighbourhood Heritage Conservation District Plan. Other heritage concerns and requirements are
being addressed through SP22/187/M/AP.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permits for the
townhouses are obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions. The Building Division has no objections to the proposed
consent.
Engineering Division Comments:
As this is a land transfer between two existing properties Engineering has no concerns.
Parks/Operations Division Comments:
Parks and Cemeteries concerns and requirements have been addressed through SP22/187/M/AP.
Transportation Planning Comments:
Minor Variance: Based on the 54 parking spaces being provided for 47 units (1.14 spaces per unit),
of which 7 (12.9%) parking spaces are allocated to visitor parking, Transportation Services are
supportive of these parking rates.
Consent: Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
The Region has no objection to the proposed application, subject to the following conditions:
1. That prior to final approval, the owner/applicant submit the Regional consent review fee of
$350.00
Metrolinx Comments:
Metrolinx is in receipt of the consent and minor variance application for 30-40 Margaret Ave,
Kitchener. Metrolinx understands the consent application is for a proposed lot addition (1.82 m by
0.01 hectares) to 12 Margaret Ave, from the adjacent parcel, in order to allow the entirety of the
existing access lane to be under ownership of the Church of the Good Shepard. We understand the
minor variance application is to facilitate reductions as they relate to parking, front yard setback, side
comments on the subject application are noted below:
The subject property is located within 300m 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 Farah.Faroque@metrolinx.com with questions and to initiate the registration
process. (It should be noted that the registration process can take up to 6 weeks).
Metrolinx notes that they are a stakeholder that has provided comments on the
comprehensive application including Site Plan Application. If the easement has not yet been initiated,
please do so by contactingthe above. If the easement has already been initiated, the lot lines may
need to be adjusted according to the proposed consent.
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
Warning:
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
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 85-1
ATTACHMENTS:
No attachments.
Melissa Mohr
226-752-8622
D20-20/23 KIT
July 4, 2023
Marilyn Mills, Secretary Treasurer
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2023-0019 and B2023-020
Committee of Adjustment Hearing July 16, 2023
CITY OF KITCHENER
B2023-025
97 Second Avenue
Musaab Saaub, Saif Saab, Manaf Saab (Owners) C/O Douglas Stewart (Arcadis
Professional Services (Canada) Ltd. Authorized Agent)
The applicant is proposing to sever a parcel of land for residential purposes. The
severed parcel will have a lot frontage of 9.4m, a lot depth of 40.05 m and a lot area of
377 square metres. The retained lands will have a lot frontage of 13.1m, a lot depth of
40.05m and a lot area of 525 square metres. The applicant proposes to retain the
existing dwelling and frame shed on site and has proposed residential uses on the
severed parcel.
Regional Cultural Heritage:
Due to the nature of the application, an Archaeological Assessment is not required at
this time. The owner/applicant is advised that an Archaeological Assessment prepared
by a Licenced Archaeologist is required in the future should a planning act application
be required as the site is located in a Part V area and is within proximity to known
archaeological resources.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Document Number: 4423945 Version: 1
Corridor Planning:
Both severed and retained residential lots may have impacts from road noise on
Conestoga Parkway (Highway 7/8). To address this concern, the following conditions
shall be secured through a registered agreement with the City of Kitchener, to the
satisfaction of the Regional Municipality of Waterloo for both retained and severed lots:
Severed Lot
a) 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
b) The following noise warning clause will be included in all offers of purchase and sale
and lease/rental agreements:
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
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
Regi
Retained Lot
The following noise-warning clause will be included in all offers of purchase and sale
and lease/rental agreements:
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
M
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent review
fee of $350.00;
2) That prior to final approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo,
Document Number: 4423945 Version: 1
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
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
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
B2023-026
30-40 Margaret Avenue
Activa Holdings Inc. / Alex Sumner (Owner) C/O MHBC Planning/Pierre
Chauvin/Rachel Wolffe Authorized Agent)
The applicant is proposing a lot addition. The applicant has proposed to sever a
1.829m, 0.01 ha parcel of land to add to the adjacent Church of the Good Shepard.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
Document Number: 4423945 Version: 1
1. That prior to final approval, the owner/applicant submit the Regional consent review
fee of $350.00;
General Comments
Any future development on the lands subject to the above-noted consent application will
be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff reports,
decisions and minutes pertaining to each of the consent applications noted above. Should
you require Regional Staff to be in attendance at the meeting or have any questions,
please do not hesitate to contact the undersigned.
Yours truly,
Melissa Mohr, MCIP, RPP
Senior Planner
Document Number: 4423945 Version: 1
June 30, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (5) 08 WEBER KIT, 15 DELLROY AVENUE
Kitchener, 2296342 ONTARIO INCORPORATED
ON N2G 4G7
(12) VAR KIT, 30 AND 40 MARGARET
AVENUE ACTIVA HOLDINGS
Subject: Committee of Adjustment Meeting July 18, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 076 912 Otterbein Court No Concerns.
2) A 2023 - 077 176 Indian Road No Concerns.
3) A 2023 - 078 35 Fifth Avenue There are no conditions for this application.
However, the owners are advised that the proposed and existing dwelling(s) on
the subject lands would have impacts from the transportation noise in the vicinity.
The owners are responsible for ensuring that the subject development does not
have any environmental noise impacts. In the absence of a detailed noise study,
the staff strongly recommend that all dwelling units be installed with air-ducted
heating and ventilation system, suitably sized and designed for the provision of
central air conditioning. This will avoid retrofit at any later application stage, e.g.
Consent/Condo.
There are no airport-specific concerns for the proposed development. However,
the owners are advised that the subject lands are located within the Airport
Zoning Regulated area and specifically under the runway take-off/approach
surface; and, as such, subject to all provisions of the Airport Zoning Regulations.
4) A 2023 - 079 55 Rockcliffe Drive No Concerns.
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5) A 2023 080 15 Dellroy Avenue The Regional staff do not support this
minor variance application. Any structures within the Daylight Triangle (DLT)
and any encroachment under, at or above the ground within the Regional right of
way, including the daylight triangle (including the lands to be dedicated to the
Region), will not be allowed. The buildings and the site must be designed
accordingly.
Airport Zoning (Advisory):
The owners/applicants are also advised that the subject property falls within the
Region of Waterloo Zoning Regulated Area, specifically under the Take-
off/Approach Surface for Runway 08. Using the Region of Waterloo International
Airport Zoning Regulations (AZR) online tool
(https://www.waterlooairport.ca/en/about-ykf/airport-zoning-regulations-
update.aspx), the permitted building height for the subject property is 399.5m
Above Sea Level (ASL), the maximum building height is 75.5m based on a
maximum ground level of 324m ASL. Please ensure that the building heights for
the proposed development comply with the Region of Waterloo Airport zoning and
height restrictions. The Region of Waterloo International Airport AZR also
regulates any construction of towers/cranes for a proposed development. Any
proposed development at this location must ensure that construction
towers/cranes also comply with the Region of Waterloo International AZR.
6) A 2023 - 081 333 Pine Valley Drive No Concerns.
7) A 2023 - 082 685 Frederick Street No Concerns.
8) A 2023 - 083 15 Kenora Drive No concerns/conditions for this application. Staff
note that the subject lands are located within the Airport Zoning Regulated area
and specifically under the runway take-off/approach surface; and, as such,
subject to all provisions of the Airport Zoning Regulations.
9) A 2023 - 084 151 Frederick Street There are no conditions for this application.
However, the applicants are advised that they are responsible for ensuring that
the proposed development does not have any environmental noise impacts (both
on-site and off-site).
10) A 2023 - 085 920 Keewatin Place No Concerns.
11) A 2023 086 59 Graber Place Although there are no conditions for this
application, the staff note that there are noise-sensitive land uses, specifically the
backyards of many residential dwellings, in the immediate vicinity of the subject
lands, which may have impacts from the noise from the proposed storage related
activities. The staff recommend that the City staff look into this as deemed
appropriate.
2
12) A 2023 087 30-40 Margaret Avenue No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
3
June 29, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July18, 2023
Applications for Minor Variance
A 2023-077176 Indian Road
A 2023-07835 Fifth Avenue
A 2023-07955 Rockcliffe Drive
A 2023-08015 Dellroy Avenue
A 2023-081333 Pine Valley Drive
A 2023-082685 Frederick Street
A 2023-08315 Kenora Drive
A 2023-084151 Frederick Street
A 2023-085920 Keewatin Place
A 2023-08730-40 Margaret Avenue
Applicationsfor Consent
B 2023-02597 Second Avenue
B 2023-02630-40 Margaret Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:ARABIA Gabriel
To:Committee of Adjustment (SM)
Subject:City of Kitchener - 30-40 Margaret Ave - B-2023-026
Date:July 5, 2023 11:47:07 AM
Attachments:image001.png
Hello,
rd
We are in receipt of your Application for Consent, B-2023-026 dated June 23, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at
this time. Our
preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier.
To confirm if Hydro One is your local distributor please follow the following link:
http://www.hydroone.com/StormCenter3/
Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map
If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations
Centre
Please let me know if you have any questions or concerns.
Thank you,
Dennis De Rango
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis.DeRango@HydroOne.com
This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying,
disclosure, or other dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately by reply email and delete the transmission received
by you.
This statement applies to the initial email as well as any and all copies (replies and/or forwards) of the initial email
To: Committee of Adjustments, City of Kitchener
From: Adjacent Developments GO Expansion Third Party Projects Review - Metrolinx
th
Date: June 30, 2023
Re: B-2023-026 & A-2023-087 30-40 Margaret Ave, Kitchener
Metrolinx is in receipt of the consent and minor variance application for 30-40 Margaret Ave, Kitchener.
Metrolinx understands the consent application is for a proposed lot addition (1.82 m by 0.01 hectares) to 12
Margaret Ave, from the adjacent parcel, in order to allow the entirety of the existing access lane to be under
ownership of the Church of the Good Shepard. We understand the minor variance application is to facilitate
reductions as they relate to parking, front yard setback, side yard setback and access step projections for
The subject property is located within 300m 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 Farah.Faroque@metrolinx.com with questions and to initiate the registration
process. (It should be noted that the registration process can take up to 6 weeks).
o
Metrolinx notes that they are a stakeholder that has provided comments on the
comprehensive application including Site Plan Application. If the easement has not yet
been initiated, please do so by contacting the above. If the easement has already been
initiated, the lot lines may need to be adjusted according to the proposed consent.
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
o
Warning: The Applicant
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 the undersigned.
Best regards,
Farah Faroque
Project Analyst, Third Party Projects Review
Metrolinx
10 Bay Street | Toronto | Ontario | M5J 2N8
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.