HomeMy WebLinkAboutDSD-2023-530 - A 2023-141 - 24 Cherry Street
Development Services Department www.kitchener.ca
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ÐWarning: The Applicant is advised that the subject land is located within
MetrolinxÓs 300 metres railway corridor zone of influence and as such is
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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
t was posted to the CityÓs website with the agenda in advance of the
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is identified as ÒÓ on Map 2 Î
designated ÒÓ on Map 3 ÎLand Use in the CityÓs 2014 Official Plan.
The property is zoned Ò)Ó in Zoning By
As illustrated in ÒFigure 3Ó, the proposed access would run pa
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The subject lands are designated as ÒLowRise ResidentialÓ on Map 3 of the Official Plan.
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infrastructure, and support the CityÓs Housing Pledge.
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o
MetrolinxÓs 300 metres railway corridor zone of influence and as such is advised
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ÎThis report has been posted to the CityÓs website with the agenda in advance
interested parties to find 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
Official Plan (2014)
Zoning By-law 2019-051
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To: Kitchener - Committee of Adjustment
From: Adjacent Developments GO Expansion & LRT - Third Party Projects Review - Metrolinx
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Date: November 27, 2023
Re: A 2023-141 Ä 24 Cherry Street, Toronto
Metrolinx is in receipt of the minor variance application for 24 Cherry Street, Kitchener, to facilitate the
construction of an additional dwelling unit in the rear of the property and to allow a reduced walkway to
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The subject property is located within 300m of the Metrolinx Guelph Subdivision which carries
Metrolinx's Kitchener GO Train service.
Conditions of Approval:
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 {kk
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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“Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 1000 metres
from the land the subject hereof. There may be alterations to or expansions of the railyard facilities on such rights-of-way in the future
including the possibility that the railyard or its assigns or successors as aforesaid may expand its operations, which expansion may
affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising
from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.”
“Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres
from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future
including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may
affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising
from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.”
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