HomeMy WebLinkAboutDSD-2023-404 - A 2023-114 - 78 Weber Street West
“Warning: The Applicant is advised that the subject land is located within
Metrolinx’s 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
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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.”
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“Warning: The Applicant is advised that the subject land is located within Metrolinx’s
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.”
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Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Civic Centre Secondary Plan
Official Plan (2014)
Zoning By-law 85-1
HPA-2023-V-013
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To: Kitchener Committee of Adjustment
From: Adjacent Developments GO Expansion - Third Party Projects Review & LRT - Metrolinx
st
Date: September 1, 2023
Re: A 2023-114 - 78 Weber St W, Kitchener
Metrolinx is in receipt of the minor variance application for 78 Weber St W to facilitate the construction
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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).
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: Prk "zsg^| s ^iski r^ rk fxkg z^|i s z~g^ki srs| ?k~zs|Ì
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
Project Analyst, Third Party Projects Review
Metrolinx
10 Bay Street | Toronto | Ontario | M5J 2N8
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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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