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HomeMy WebLinkAboutCA - 2017-11-21 - B 2017-033 - 379-389 & 399 Queen St S & 168 Benton Stf/ 361 _ 11 490 \ ! % 1 2Z 37�-381 Retained Lands 48 412 152 dad-d3B 399 155 5 d l c Ward 9 ��02 145 158-160 'b 147 �Z 42J f\ QJ „ 145 164\ 4 ) `%11 1 55 151 OQ Tcy z•a FSI Sr 24 15T 59 Lot /�-/ ,? Additions f 10AG3 7d18 21 Mike agner n(Mill 1a•'1 \` {i X�r�� 1 r. a79 27 169 15 S\ Subject Properties Report: The application is proposing to sever lands addressed as 399 Queen Street South (which has merged with 168 Benton Street) from lands addressed as 379-389 Queen Street South, and to add the severed lands with 170-172, 176, and 180 Benton Street. Staff Report KZTCHF.:R Community Services Department wmkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: November 21, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 APPLICATION #: B2017-033 ADDRESS: 393-411 Queen St. S. & 168,170-172,176 & 180 Benton St. PROPERTY OWNER: Polocorp Inc. & Barra On Queen Inc. SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: November 10, 2017 f/ 361 _ 11 490 \ ! % 1 2Z 37�-381 Retained Lands 48 412 152 dad-d3B 399 155 5 d l c Ward 9 ��02 145 158-160 'b 147 �Z 42J f\ QJ „ 145 164\ 4 ) `%11 1 55 151 OQ Tcy z•a FSI Sr 24 15T 59 Lot /�-/ ,? Additions f 10AG3 7d18 21 Mike agner n(Mill 1a•'1 \` {i X�r�� 1 r. a79 27 169 15 S\ Subject Properties Report: The application is proposing to sever lands addressed as 399 Queen Street South (which has merged with 168 Benton Street) from lands addressed as 379-389 Queen Street South, and to add the severed lands with 170-172, 176, and 180 Benton Street. , Staff Report I .R Community Services Department wm kitcheneua In September 2016, Kitchener City Council approved zone change application ZC13/10/Q/GS to apply Special Regulation 517R (as revised) to the proposed severed lands and the lot addition properties to allow for the comprehensive redevelopment with a multiple dwelling development. The proposed development has been site plan approved in principle. The existing four residential buildings along Benton Street are proposed to be demolished. A temporary condominium sales trailer is currently on site at 399 Queen Street South. A site visit was undertaken on November 9, 2017. The proposed severed lands are approximately 31.992 metres wide at Queen Street and 16.764 metres wide at Benton Street, a total depth of 123.176 metres, and a total area of 3214 square metres. View from Queen Street South Planning Comments: The subject lands are within the Mill Courtland -Woodside Park Secondary Plan and are designated as Mixed Use Corridor, Open Space, and Medium Density Commercial Residential. Multiple dwellings are a permitted use with a maximum Floor Space Ratio of 2.0. The lands are within the plan boundary of the PARTS Central Plan which was approved on May 16, 2016 by Kitchener City Council. The portion of the property along Queen Street South is shown as Low Density Mixed Use and the portion along Benton Street is Low Rise Residential. While the properties have split zoning, both the proposed severed lands and lot addition lands are all subject to Special Regulation Provision 517R which provides site specific zoning regulations for the redevelopment proposal. The base zoning of the portion along Queen , Staff Report I Tc� ►� .R Community Services Department wm kitcheneua Street South is Low Intensity Mixed -Use Corridor (MU -1) and the portion along Benton Street is Commercial Residential Two Zone (CR -2). The Benton Street properties are also subject to a special use provision to permit semi-detached and street fronting townhouses. 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 severance and lot additions are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. The size, dimensions and shapes of the proposed lots is suitable for the use of the lands. The lands front onto two established public streets, and both the severed and retained lands can be adequately serviced with connections to municipal services. Planning staff is of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: This project is currently under review by Engineering as part of the site plan approval process and all engineering comments will be addressed as part of that approval. Operations Comments: Park Dedication will be calculated as part of the site plan approval process. Heritage Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the properties along Benton Street is advised that the properties are located within the Cedar Hill Neighbourhood CHL. The owner will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific conservation options. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. In addition, the subject properties along Queen Street South are located within the Victoria Park Area Heritage Conservation District (VPAHCD). As such, they are designated under Part V of the Ontario Heritage Act and subject to the policies and guidelines of the VPAHCD Plan. A copy of the District Plan is available online http://www.kitchener.ca/en/livinginkitchener/resources/Heritage plan victoria park.Pdf. , Staff Report I Tc� ►� .R Community Services Department wm kitcheneua Given that the proposed consent application is to sever lots on title, Heritage Planning staff has no concerns with the subject application. Note that the subject properties are located within the Mill Courtland Woodside Park Secondary Plan. The City will be commencing a secondary plan review in 2018. The land use and zoning of the properties are subject to change. For more information, please contact Lauren Nelson by phone (519-741-2200 ext. 7072) or by email (lauren.nelson(a�kitchener.ca). Environmental Planning Comments: Environmental Planning Staff has no comments on the proposed application. Tree management and storm water management issues are addressed as part of the site plan approval process. RECOMMENDATION: That application and Application B2017-033 requesting to sever lands that are 31.992 metres wide at Queen Street and 16.764 metres wide at Benton Street, a total depth of 123.176 metres, and an approximate total area of 3214 square metres, be approved subject to the following conditions; 1. That the Owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy 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 the City's Mapping Technologist. 2. 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. 3. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an 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. 4. 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 to the satisfaction of the City's Revenue Division. Garett Stevenson, BES, MCIP, RPP Juliane von Westerholt, MCIP, RPP Planner Senior Planner N* Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwate rl oo.ca Carolyn Crozier 575-4757 ext. 3657 File No. D20-20/17 KIT November 15, 2017 Re: Comments for Consent Applications B2017-032 to B2017-047 and CC 2017-001 Committee of Adjustment Hearing November 21, 2017 CITY OF KITCHENER B 2017-032 101 & 105 Mount Hope Street Mohammad Abdullah c/o JEC Properties Inc. The purpose of this application is to create a new lot for residential development. Community Planning Fees Pursuant to Fee By-law 17-001, the applicant is required to submit the consent application fee of $350.00. Regional staff has no objections to the proposed application subject to the following condition: That, prior to final approval, the applicant submits payment to the Region the Consent Application Review Fee of $350.00. Document Number: 2557950 B 2017-033 393-411 Queen Street S., 168, 170-172, 176 and 180 Benton Street Polocorp Inc. The purpose of this application is to sever a parcel of land from 399 Queen Street South and 168 Benton Street and convey it as a lot addition to the lands addressed as 170- 172, 176 and 180 Benton Street. Corridor Planning Noise A noise study, dated January 17, 2017, prepared by IBI Group was submitted for the associated Site Plan application SP17/015/Q/GS. Clarifications on details of the study were requested by Corridor Planning staff on March 13, 2017. Clarification has not yet been received. Prior to final approval, the applicant is required to satisfy outstanding matters pertaining to the noise study, and, if required, enter into a registered development agreement with the Region of Waterloo to implement the findings of the study. Regional staff has no objections to the proposed application, subject to the following condition: 1. That, prior to final approval, the applicant provides clarification to Region staff to satisfy the noise study requirements, and, if necessary, enter into a Registered Development Agreement with the Region of Waterloo to implement the findings of the study. B2017-034 — B2017-037 Courtland Avenue East and Blockline Road Viridis Development Group Inc. The purpose of these applications is to sever three lots for residential/commercial development and retain one lot, and create easements for servicing. Community Planning Fees Pursuant to Fee By-law 17-001, the applicant is required to submit the consent application fee of $350.00 per each new lot created, for a total fee of $1,050.00. Source Water Protection Document Number: 2557950 The applicant is advised that they will be required to submit a Salt Management Plan for the severed and retained lots, prior to Site Plan approval. Corridor Planning Regional Road Dedication While no additional lands are required to satisfy the Regional Official Plan, additional lands are required to accommodate the implementation of a 2.1 metre sidewalk along the entire Courtland Avenue frontage. The applicant must engage an Ontario Land Surveyor (OLS) to prepare a draft reference plan which illustrates the required road allowance widening and/or easement where required. Prior to registering the reference plan, the OLS should submit a draft copy of the plan to the Transportation Planner for review. An electronic copy of the registered plan is to be emailed to the Transportation Planner. Further instructions will come from the Region's Legal Assistant with regard to document preparation and registration. Final registration of the reference plan can be deferred to the Site Plan Application. Traffic Site Circulation & Access Regional staff are working with the applicant to secure a full movement access from Courtland Avenue directly opposite Hillmount Street. Final design and costing will all be deferred to the Site Plan Application. The applicant will be required, prior to final approval of the consent application, to enter into an agreement with the Region of Waterloo to provide reciprocal access easements between the proposed retained lands and the severances to accommodate vehicular, bus and construction traffic. A Regional Road Access Permit will be required for the proposed access to Courtland Avenue. The Access Permit can be deferred to the Site Plan Application. Stormwater Management A lot grading plan and stormwater management report will be required at the Site Plan Application stage. Transit Planning Grand River Transit has been involved in the development of these lands and transit comments will be provided at the Site Plan Application stage. Land Use Compatibility Document Number: 2557950 The applicant is required to address land use compatibility through the associated Official Plan Amendment and Zone Change Applications. Land use compatibility studies include, but are not limited to, road, rail and stationary noise, and vibration studies. Road, stationary, and railway noise and vibration studies have been submitted in support of the aforementioned Official Plan Amendment and Zone Change Applications for these lands. These studies are currently under review by both the Region and rail line authorities (CNR and CPR). Additional study requirements and/or recommendations for mitigation stemming from these studies must be secured through a Registered Development Agreement with the City of Kitchener and/or the Region of Waterloo, or the rail line authorities, as necessary, prior to final approval of these consent applications. Regional staff has no objections to the proposed applications subject to the following conditions: That, prior to final approval, the applicant submits payment to the Region the Consent Application Review Fee of $350.00 for each new lot created, for a total fee of $1,050.00. 2. That, prior to final approval, the applicant enters into a Registered Development Agreement with the Region of Waterloo to provide for reciprocal access easements between the proposed retained lands and the severances to accommodate vehicular, bus and construction traffic. 3. That, prior to final approval, the applicant enters into a Registered Development Agreement with the City of Kitchener and/or the Region of Waterloo, or rail authorities, as necessary, to implement the findings of the following studies, and any addendums, or emerging reports: a. "Virerra Village, Kitchener Ontario, Acoustical Report" (IBI Group, March 31,2017); b. "Courtland and Blockline Development, Kitchener, Ontario" (Aercoustics, April 7 B2017-038 and B2017-039 125 Margaret Avenue 2361693 Ontario Inc. Rail Vibration Impact Study, , 2015). The purpose of these applications is to create a new lot for residential development (132017-038) and to grant easements on the severed and retained lands for driveway access (132017-039). Community Planning Document Number: 2557950 Fees Staff acknowledge receipt of the consent application fee of $350.00. Corridor Planning Noise The severed and retained lands will have impacts from increasing road noise on Margaret Avenue and Wellington Street North. The lands are also in close proximity to a railway mainline. Prior to final approval, the applicant is required to enter into a Registered Development Agreement with the City of Kitchener to provide for the following: 1) That all units on the severed lot be constructed with a forced air -ducted heating system suitably sized and designed with the provision for the installation of air conditioning in the future at the occupant's discretion. 2) That the following noise warning clause in all offers of purchase/sale, or rental agreements for all residential units on the severed lot: The purchasers / tenants are advised that sound levels due to increasing road traffic on Margaret Avenue and Wellington Street North, and rail noise from Goderich Exeter Railway and Canadian National Railway may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). 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 occupant's 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 Region of Waterloo and the Environment and Climate Change (MOECC). 3) That the following noise warning clause will be included on all offers to purchase and sale or rental agreements for all units on both the severed and retained lots: Canadian National Railways/Goderich Exeter Railways or its assigns or it assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. 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/GExR 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" Document Number: 2557950 Regional staff has no objections to the proposed application subject to the following conditions: That, prior to final approval, the applicant enter into a Registered Development Agreement with the City of Kitchener to provide for the following: That all units on the severed lot be constructed with a forced air -ducted heating system suitably sized and designed with the provision for the installation of air conditioning in the future at the occupant's discretion. That the following noise warning clause in all offers of purchase/sale, or rental agreements for all residential units on the severed lot: The purchasers / tenants are advised that sound levels due to increasing road traffic on Margaret Avenue and Wellington Street North, and rail noise from Goderich Exeter Railway and Canadian National Railway may interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). 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 occupant's 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 Region of Waterloo and the Environment and Climate Change (MOECC). That the following noise warning clause will be included on all offers to purchase and sale or rental agreements for all units on both the severed and retained lots: Canadian National Railways/Goderich Exeter Railways or its assigns or it assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. 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/GExR 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" B2017-040 100-110 Fergus Avenue Document Number: 2557950 Emmanuel Bible College The purpose of this application is to sever a parcel of land for residential development. Community Planning Fees Pursuant to Fee By-law 17-001, the applicant is required to submit the consent application fee of $350.00. Corridor Planning Regional Road Dedication A dedicated road widening is required. An Ontario Land Surveyor must determine the exact amount of the road widening along Weber Street East. Additionally, a daylight triangle of 7.62 metres along the new property lines along Weber Street East and Fergus Avenue will be required at owner's cost. A plan showing the required dedicated widening is attached. A draft reference plan for the road widening prepared by an Ontario Land Surveyor must be provided for review by Regional staff, prior to depositing the Reference plan to Land Registry office. The owner must provide a copy of registered Reference plan and owner's legal representative's contact information who would be required to work with Region's Legal division to complete the required documentation for the dedicated road widening. The dedication is required prior to final approval of the consent application. Noise The severed and retained lands will have impacts from increasing road noise on Weber Street, Highway 8 and Fergus Avenue. Prior to final approval of the consent application, the applicant is required to enter into a Registered Development Agreement with the Region of Waterloo to provide for the following: That the following noise warning clause will be included on all offers to purchase and sale or rental agreements for all units on both the severed and retained lots: "The purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC)." Document Number: 2557950 Regional staff has no objections to the proposed application subject to the following conditions: That, prior to final approval, the applicant submits payment to the Region the Consent Application Review Fee of $350.00. 2. That, prior to final approval, the applicant is required to convey the road widening (equal to 26.213 meters) and the 7.62 daylight triangle to the Region. 3. That, prior to final approval, the applicant enters into a Registered Development Agreement to provide for the following: That the following noise warning clause will be included on all offers to purchase and sale or rental agreements for all units on both the severed and retained lots: "The purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street, Highway 8 and Fergus Avenue may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC)." B2017-041 and B2017-042 27 Bismark Avenue 2536306 Ontario Inc. The purpose of these applications is to create a new lot for residential development (B2017-041) and to grant easements on the severed and retained lands for mutual driveway access (B2017-042). Community Planning Fees Pursuant to Fee By-law 17-001, the applicant is required to submit the consent application fee of $350.00. Corridor Planning Noise The subject lands are located within 75 metres vibration influence zone of a main railway line. Prior to final approval, the applicant is required to enter into a Registered Development Agreement with the City of Kitchener to provide for the following: 1) That all units on the severed lot be constructed with a forced air -ducted heating system suitably sized and designed with the provision for the installation of air conditioning in the future at the occupant's discretion. Document Number: 2557950 2) That the following noise warning clause in all offers of purchase/sale, or rental agreements for all residential units on the severed lot: "The purchasers / tenants are advised that sound levels due to increasing rail noise and vibration from Region of Waterloo railway may occasionally interfere with some activities of the dwelling occupants as the sound and vibration levels may exceed the sound and vibration level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). 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 occupant's 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 Region of Waterloo and the Environment and Climate Change (MOECC)" 3) That the following noise warning clause will be included on all offers to purchase and sale or rental agreements for all units on both the severed and retained lots: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. 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." Regional staff has no objections to the proposed application subject to the following conditions: That, prior to final approval, the applicant submits payment to the Region the Consent Application Review Fee of $350.00. 2. That, prior to final approval, the applicant enter into a Registered Development Agreement with the City of Kitchener to provide for the following: That all units on the severed lot be constructed with a forced air -ducted heating system suitably sized and designed with the provision for the installation of air conditioning in the future at the occupant's discretion. That the following noise warning clause in all offers of purchase/sale, or rental agreements for all residential units on the severed lot: "The purchasers / tenants are advised that sound levels due to increasing rail noise and vibration from Region of Waterloo railway may occasionally interfere Document Number: 2557950 with some activities of the dwelling occupants as the sound and vibration levels may exceed the sound and vibration level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). 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 occupant's 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 Region of Waterloo and the Environment and Climate Change (MOECC)" That the following noise warning clause will be included on all offers to purchase and sale or rental agreements for all units on both the severed and retained lots: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. 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." B2017-043 — B2017-047 Plan of Subdivision 58M-569 of Part of Lot 13, Biehn's Tract (Rockcliffe Drive) Community Planning The Region's concerns regarding the subject lands have previously been addressed through the subdivision application 30T-98201 Stage 5a, registered as 58M-569 December 12, 2013. Staff notes the intent of the above applications is to create 6 lots from previous 5 lots and adjust the lot lines accordingly. For clarification it must be noted that that new Municipal Nos. 11, 7, 5 would be subject to conditions as previously applicable to Lots 3 & 4 in the original subdivision agreement; and new Municipal No. 3 (corner lot) would be subject conditions as previously applicable to Lot 5 in the original subdivision agreement with the City (WR791465 November 26, 2013). It is anticipated that based on the final lots configuration the Municipal No. 11 being partially on lands of the original lot 3 in the approved subdivision; for purpose of the noise study, a revision to the original subdivision agreement may not be required. Due to minor adjustments of the lot lines as shown on the Figure 6 -Ultimate Lotting, an update / addendum to the final noise study dated revised February 2014 as accepted by the Region's letter dated April 08, 2014 will not be required for the above applications. Document Number: 2557950 Regional staff has no objections to the proposed application. CC 2017-001 369 and 375 Frederick Street Brent Gingerich, People Care Inc. The purpose of this application is to seek permission to change the conditions of Provisional Consent application B2017-019 to include an additional condition granting a servicing easement. Corridor Planning Noise Corridor Planning staff recently received a Noise Impact Feasibility Study, prepared by Pinchin Ltd., dated March 29, 2017, in support of the original consent application. Staff are currently reviewing the study and any recommendations from the study must be secured through a Registered Development Agreement with the Region of Waterloo prior to final approval of the consent. Regional staff has no objections to the proposed application, subject to the following condition: 1) That, prior to final approval, the applicant, if necessary, based on the review of the submitted noise study, enter into a Registered Development Agreement with the Region of Waterloo to implement the findings of the study. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 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, G� Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner Document Number: 2557950 cc. Juliane vonWesterholt, City of Kitchener (via email) Brian Bateman, City of Kitchener (via email) Document Number: 2557950 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2763 ext.2307 Beth Brown, Supervisor of Resource Planning Fax: (519) 621-4945 E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Garrett Stevenson DATE: November 16, 2017 YOUR FILE: B 2017-033 — 393-411 Queen St. S, 168, 170-172, 176 and 180 Benton Street GRCA FILE: B2017-033 — 379-389 Queen St S-393-411 Queen St S and 168 Benton St RE: Application for Consent B2017-033 379-389 Queen Street South, 393-411 Queen Street South and 168 Benton Street, Kitchener Polocorp Inc. GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above noted consent application. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that a portion of 393-411 Queen Street South is regulated due to the flood fringe of Schneider Creek, and the associated allowance to this feature. Consequently, a portion of the subject lands is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. 2. Legislative/Policy Requirements and Implications It is our understanding that 379-389 Queen Street South has merged on title with 393- 411 Queen Street South and 168 Benton Street. The applicant is proposing to sever 393-411 Queen Street South and 168 Benton Street from 389-389 Queen Street South to put the properties under different ownership. We have no objection to this proposed severance. We also understand that the applicant proposes to sever a below grade portion of 379- 389 Queen Street South to accommodate a proposed below -ground parking structure. We have no objection to this proposed severance, as this portion of the underground parking is outside of the floodplain and we will ensure the entrance to the parking garage located in the flood fringe on 393-411 Queen Street South meets policy requirements through the site plan and GRCA permitting process. 3. Plan Review Fees The GRCA applies Plan Review Fees for Planning Act applications located within GRCA areas of interest. This application -is considered a "minor" consent application; however, File: \\grfs\files\Resource Management Division\Resource Planning\ROW\KITCHENER\2017\Severance\B2017-033 - 378- Page 1 of 2 411 Queen St S and 168 Benton St\B2017-033 - 379-389 Queen St S-393411 Queen St S and 168 Benton St.docx we are reviewing the development through site plan application SP17/015/Q/SG and will not charge an additional plan review fee for the severance application. We trust this information is of assistance. If you have any questions, or require additional information, please contact Trisha Hughes at 519-621-2763 ext.2319 or thughes(a)-grand river: ca. Yours truly, VIVE — - Beth Brown Supervisor of Resource Planning Grand River Conservation Authority C. C. Polocorp Inc. c/o Amanda Stellings, 379 Queen Street South, Kitchener, ON N2G 1W6 * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority. File: \\grfs\files\Resource Management Division\Resource Planning\ROW\KITCHENER\2017\Severance\B2017-033 - 378- Page 2 of 2 411 Queen St S and 168 Benton St\B2017-033 - 379-389 Queen St S-393-411 Queen St S and 168 Benton St.docx