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Home My WebLink AboutDSD-2023-347 - B 2023-031 - 87 Victoria Street North Development Services Department www.kitchener.ca wnerÓs satisfaction of the CityÓs Revenue Division. Kitchener's Digital Submission Standards to the satisfaction of the CityÓs Director of Planning, and registered on title to the ÐRetained Ñ ( (the ÐDraft RPlanÑ), and Part 4 on the Draft Page 311 of 412 That the ownerÓs Solicitor shall provide a SolicitorÓs Undertaking to register an Building Code, to the satisfaction of the CityÓs Chief Building Official. The separation of existing buildingsÓ wall face, and shall include Page 312 of 412 ÐWarning: The Applicant is advised that the subject land is located within MetrolinxÓs 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.Ñ That the OwnerÓs solicitor shall provide draft transfer documents and satisfaction of the CityÓs Revenue Division. Kitchener's Digital Submission Standards to the satisfaction of the CityÓs Director of Planning, and registered on title to the ÐRetained LandsÑ (Part 347 (the ÐDraft RPlanÑ), and Part Page 313 of 412 the ownerÓs Solicitor shall provide a SolicitorÓs Undertaking to regi sfaction of the CityÓs Chief Building Official. The separation of existing buildingsÓ wall face, and shall include ÐWarning: The Applicant is advised that the subject land is located within MetrolinxÓs 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 Page 314 of 412 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.Ñ Ò Ó Ò Ówhich operate as one ÐcampusÑ providing shelter, social and Page 315 of 412 The subject properties are identified as ÒUrban Growth CentreÓ on Map 2 Î and are designated ÒInnovation DistrictÓ on Map 4 ÎUrban Growth Centre in the CityÓs ÒWarehouse District Zone (D 105R, Special Uses 116U and 403U Holding Provision 10H and 14TÓ in Zoning By Page 316 of 412 Î Page 317 of 412 Î Page 318 of 412 The subject lands are located within the CityÓs delineated Urban Growth Centre (UGC), CityÓs OP on Map 2 Î Urban Area policies of the ROP identify that the focus of the RegionÓs futu CityÓs Official Plan (2014) The subject properties are identified as ÒUrban Growth CentreÓ on Map 2 Î and are designated ÒInnovation DistrictÓ on Map 4 ÎUrban Growth Centre in the CityÓs Page 319 of 412 ÒWarehouse District Zone (D 105R, Special Uses 116U and 403U Holding Provision 10H and 14TÓ in Zoning By ormity with the CityÓs Official Plan and Zoning By shall addresses such items as: Spatial separation of existing buildingsÓ wall face to the Page 320 of 412 permit the severance of the lot to facilitate a lot addition. MetrolinxÓs comments on the ÐWarning: The Applicant is advised that the subject land is located within MetrolinxÓs 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 Page 321 of 412 lots, blocks or units.Ñ Î Î Îeen posted to the CityÓs website with the agenda in advance additional information on the CityÓs website or by emailing the 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 DSD-2023-040 Î Page 322 of 412 Page 323 of 412 Page 324 of 412 Clean Water Act, 2006 Page 325 of 412 Clean Water Act, 2006 Page 326 of 412 Clean Water Act, 2006 Page 327 of 412 Clean Water Act, 2006 Page 328 of 412 Clean Water Act, 2006 Page 329 of 412 Clean Water Act, 2006 Page 330 of 412 Clean Water Act, 2006 Page 331 of 412 Clean Water Act, 2006 Page 332 of 412 Page 333 of 412 Page 334 of 412 Clean Water Act, 2006 Clean Water Act, 2006 Page 335 of 412 Page 336 of 412 Page 337 of 412 Page 338 of 412 Page 339 of 412 To: Committee of Adjustments, City of Kitchener From: Adjacent Developments GO Expansion and LRT Ũ Third Party Projects Review - Metrolinx th Date: July 27, 2023 Re: B 2023-030 and B 2023-031 Ũ 83 Victoria Street North and 87 Victoria Street North Metrolinx is in receipt of the consent applications for 83 and 87 Victoria St N, Kitchener, to permit the severence of the lot to facilitate a lot addition. Metrolinxşs comments on the subject application are noted below: The subject properties are 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 or completed, please provide the Transfer Easement document for confirmation. 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 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 the undersigned. Best regards, Farah Faroque Project Analyst, Third Party Projects Review Metrolinx 10 Bay Street | Toronto | Ontario | M5J 2N8 1 Page 340 of 412 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. 2 Page 341 of 412