CN Rail objects to Krug redevelopment, files appeal with Ontario Land Tribunal

The former Krug furniture factory at 93 Trinity St., just 135 metres away from CN Rail’s Stratford Yard. The short distance is the key reason why CN Rail has filed an appeal with the Ontario Land Tribunal.

CONNOR LUCZKA, Local Journalism Initiative Reporter

During a public meeting surrounding a huge redevelopment project at the former Krug factory lands, many residents expressed concern for what this means for their neighbourhood.

Now, one neighbour in particular has expressed its own concern with the Ontario Land Tribunal (OLT).

In an appeal letter sent to city clerk Tatiana Dafoe and filed with the OLT, CN Rail said it was concerned the development will impact its operations at the Stratford Yard just 135 metres away. The yard “handles a significant volume of CN’s railway traffic in Canada” and is integral to not only the city’s economy, but Canada’s economy as a whole, CN Rail argues through its counsel Katarzyna Sliwa of Dentons Canada LLP.

The redevelopment project, undertaken by the BMI Group and called The Builders Block, is at the former Krug Factory located at 93 Trinity St. and is proposed to transform the factory and lands into a residential neighbourhood consisting of nine buildings – including what would be Stratford’s tallest building, a 10-storey apartment building – and 361 dwelling units. There would be 343 apartment units and 18 townhouse units if it proceeds as it was last presented to Stratford city council.

At that meeting on Oct. 15, council passed the requested zone-change application, allowing for site-specific provisions of reduced parking rates, a maximum height of 36 metres (10-storeys), increased density and reduced setbacks for the existing and proposed residential buildings.

CN objects to the development for three reasons, arguing the zone change made by city council is not consistent with the provincial planning statement, it does not conform to the legislation surrounding the development of lands in proximity of railway operations and the application is “premature, does not represent good land-use planning and is not in the public interest.”

Additionally, within the report provided to council when it approved the zone change, CN Rail listed a number of issues:

• The Federation of Canadian Municipalities and the Railway Association of Canada (FCM-RAC) provides guidelines for land-use planning that indicate “sensitive uses” should be prohibited to 300 metres away from a freight-rail yard.

• In the provincial policy statement, a needs and alternatives test must be completed in addition to assessing impacts from the industry.

• The lack of information regarding an air-quality or odour study being conducted.

• A development agreement and an easement agreement are required between the developers and CN Rail before the zoning change was adopted.

As the appeal is before the OLT, a quasi-judicial body, Dafoe, speaking for the city, did not comment. Likewise, neither did Hanna Domagala, director of land development and design with the BMI Group, save that they are “optimistic that outstanding issues can be resolved.”