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HomeMy WebLinkAboutDSD-20-018 - B 2019-074 & B 2019-075 - 21 Forwell RdStaff Report K R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 21, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner— 519-741-2200 ext. 7987 WARD: #1 DATE OF REPORT: January 13, 2020 REPORT #: DSD -20-018 SUBJECT: B2019-074 — B2019-075 32 Forwell Road Owner — Gatekey Aggregates Inc Approve with Conditions 'S Kolb Park Parcel C: Parkland Dedication k1 h l r'M Parcel A: Lot Addition to Parcel B: 36 Centennial Rd Lot Addition to y _ 80 Centennial Rd Cy'S �i + , rtF GRAND RN NORTH + 1 I F Lands to be retained Map 1 — Location Map REPORT *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Planning Comments: The subject lands are located at 32 Forwell Road. The majority of the property is designated General Industrial Employment and zoned General Industrial (M-2) with Special Regulations 31R, 55U affecting portions of the lands in By-law 85-1, and EMP -2 (General Industrial Employment) with Site Specific Regulations 89 and 44 affecting portions of the lands in By-law 2019-051. Lands located in close proximity to the Grand River are designated Natural Heritage Conservation and zoned Hazard Land Zone (P-3) in By-law 85-1, and NHC-1 with Environmental Overlays in By-law 2019-051. A guided site walk was conducted on September 4, 2019. The subject lands have an overall area of 23.81 hectares and are currently under-utilized. The applicant has submitted a Master Development Plan demonstrating that the proposed lot additions will allow the balance of the lands to be developed with additional industrial uses. Staff is satisfied that the orientation of the lot additions will provide for sufficient flexibility for the future development and/or subdivision of the retained lands. The applicant is proposing to sever two parcels of land as lot additions to adjoining industrial lands at 36 Centennial Road and 80 Centennial Road. These are shown as Parcel A and Parcel B on Map 1 and the Updated Severance Sketch attached to this report. The Severance Sketch has been updated from the version previously circulated to include Parcel C, which represents the lands that will be conveyed to the City as parkland dedication. A Draft Reference Plan should be prepared based on the updated Severance Sketch, to the satisfaction of the City's Director of Planning, and a condition has been included in this regard. In support of the application a Vegetation Management Plan, Geotechnical Slope Stability Investigation and an Environmental Constraints Plan, were submitted to define the limits of the developable area and to establish the lot boundaries which are outside the areas of environmental constraints. The application was deferred in December 2019 to allow the applicant to provide additional information regarding the Erosion Hazard Limit and the Slope Stability Setback. The owner has completed additional fieldwork and a topographic survey. This information was combined with the Slope Stability Assessment to determine the precise location of the erosion hazard limit and slope stability setback (which defines the limit of development and the eastern limit of Parcel B). The updated plans have been approved by the Grand River Conservation Authority (GRCA) and are also acceptable to the City's Environmental Planner. As a result of this work, the eastern limit of the proposed lot addition to 80 Centennial Road has been revised to coincide with the recommended slope stability setback and buffer, and the Severance Sketch, Master Development Plan and Environmental Constraints Plan (as submitted December 18, 2019) have been updated accordingly. Therefore, the entirety of the lands to be conveyed are outside the area of the environmental constraints. Prior to initiation of any site development works, grading or issuance of a building permit on the lands to be severed or lands to be retained, Site Plan Approval is required, and a condition is recommended in this regard. The City of Kitchener Parks staff has requested the dedication of land to fulfill parkland dedication requirements for the proposed severances. The City of Kitchener wishes to secure lands to permit the long-term, future extension of the Walter Bean Trail, through Kolb Park and along the top of the river bank through Parcel C. The current Walter Bean Trail alignment is along Centennial Road and Forwell Road (shown on Map 1) and is less desirable than a route which will continue along the river to the extent possible. Investigations and study will be required as part of future development(s) for the remainder of the trail alignment through the retained lands. Potential alignments that may be evaluated could be a trail that continues along the Grand River, or which may turn west, south of Parcel C, connecting to Forwell Road. A number of conditions are recommended to facilitate the parkland dedication. First, the parcel to be dedicated includes the area of environmental constraints (Grand River Valley), and a 6 metre Erosion Access Buffer which is beyond the stable top of slope, and is regulated by the GRCA. The 6 metre access buffer is the preferred location of the future trail extension, however the GRCA requires an addendum to the Slope Stability Assessment confirming that construction of a trail in this location will not impact the stability of the slope. Prior to endorsement of the deed, the City must be satisfied that the GRCA will be able to support the trail within the Erosion Access Buffer. A condition has been included in this regard. Second, the City must also be satisfied that the lands conveyed are uncontaminated. As such, prior to acceptance of Parcel C into the City's ownership, a Record of Site Condition (RSC) is required. The timing associated with completion of an RSC is uncertain and may take more than a year to complete. Therefore, the City is recommending that a modified Subdivision Agreement is registered on title of the lands to be retained to facilitate this conveyance. A Letter of Credit guaranteeing the completion of the RSC, and an Acknowledgement and Direction to register a Transfer is required to facilitate this approach. These steps will ensure that the lands will be conveyed to the City, and that the City can secure an RSC before accepting the lands. 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, Planning staff is of the opinion that the proposed lot additions conform to the City's Official Plan and will allow for orderly development that is compatible with the existing industrial area. The dimensions the retained lands and resultant lots comply with regulations of By-law 85-1 and 2019-051 and the parcels are appropriate and suitable for the existing and future use of the lands. The resulting parcels front onto established public streets, and the lands are serviced with independent and adequate connections to municipal services. 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. Based on the foregoing, staff recommends that the applications be approved, subject to conditions_ Operations (Design and Development) Comments: Parkland dedication is required for the application taken as land. The policy standard rate of 2% under the Established Industrial Areas will apply, with the land area for dedication representing 0.048ha of the severed lands. The City does not normally accept hazard lands as parkland dedication; however, the 2% land dedication is not sufficient to satisfy the land requirement for a desired trail connection along the river to the Walter Bean Trail. In this instance, Parks will accept hazard lands as parkland dedication, provided the trail connection can be located within the 6m Erosion Access Allowance, subject to approval by the GRCA. Building Comments: The Building Division has no objections to the proposed consent applications. Transportation Services Comments: Transportation Services has no concerns with the proposed for lot additions to 36 and 80 Centennial Road. However, a further comments and discussion will be provided should the applicant proceed with future development described through the Master Concept Plan. Engineering Services Comments: Engineering has no comments or concerns with the proposed lot additions. All properties (32 Forwell Rd, 36 Centennial Rd and 80 Centennial Rd) have the necessary services. If development is proposed in the future, additional comments and/or requirements will be identified through the associated development applications. Region of Waterloo Comments: Regional staff have no objection to the subject applications. RECOMMENDATIONS: A. That Application B2019-074 requesting consent to sever a parcel of land having a width of approximately 84 metres and an area of approximately 1.33 hectares, (shown as Parcel A on the severance sketch attached to report DSD20-018) to be conveyed as a lot addition to 36 Centennial Road, be approved subject to the following conditions: 1. 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. 2. 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 two full size paper copies 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. 3. That the draft reference plan showing the proposed lot additions and parkland dedication (being Parcel A, Parcel B and Parcel C generally as shown on the severance sketch attached to report DSD20-018) be submitted and approved by the City's Director of Planning, in consultation with the City's Director of Parks and Cemeteries. 4. That the Owner agrees to submit an Addendum to the Slope Stability Assessment prepared by Chung and Vander Doelen Engineering Ltd. (dated November 1, 2019, and updated December 2019) to confirm that construction of a trail within the 6 metre Erosion Access Allowance, shown on Drawing 3, would not impact the slope, to the satisfaction of the Grand River Conservation Authority. 5. That the lands to be severed be added to the abutting lands (being 36 Centennial Road) 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. 6. 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. 7. That the Owner shall enter into a Modified Subdivision Agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following condition: a) That prior to initiation of any site development works, grading or issuance of a building permit the Owner agrees to submit and receive approval of a Site Plan to the satisfaction of the City's Manager of Site Development and Customer Service, which reflects, at minimum, any proposed changes to lot size and/or any proposed changes to site operation. 8. That the Owner shall enter into a Modified Subdivision Agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the lands to be retained which shall include the following conditions (subject to any necessary amendments to parcel descriptions based on deposited reference plan), and shall submit the Letter of Credit, and Acknowledgment and Direction identified therein: a. The Owner agrees that parkland dedication requirements for both Parcel A and Parcel B shall be fulfilled by the dedication of Parcel C to the City of Kitchener at no cost and free of encumbrances. The Owner agrees that Parcel C shall be dedicated to the City upon satisfactory completion of a Record of Site Condition and in accordance with the terms of this registered Agreement. b. The Owner shall deliver to the City, together with the executed copy of this Agreement, a Letter of Credit in the amount of $30,000.00, to the satisfaction of the City Solicitor, to be held for use by the City to complete a Record of Site Condition should one not be completed by the Owner in accordance with the terms of this registered Agreement. a. The Owner agrees to complete a Record of Site Condition by January 31, 2022 for the lands to be dedicated. Should the Record of Site Condition not be received to the satisfaction of the City's Solicitor by January 31, 2022, the City may use the Letter of Credit to have a Record of Site Condition completed. The City, its employees, agents or contractors may, at the City's sole option enter on the lands and so complete the required works to the extent of the monies received under the Letter of Credit. The Letter of Credit, or any portion of the Letter of Credit not otherwise spent by the City to complete the required works herein, shall be released by the City when the required Record of Site Condition has been completed to the satisfaction of the City Solicitor. b. The Owner shall deliver to the City, together with the executed copy of this Agreement, an executed Acknowledgment and Direction to be prepared by the City Solicitor authorizing the City and its solicitor to electronically register a Transfer of title to the lands to be dedicated, in favour of the City, in the event of default by the Owner to complete the Record of Site Condition and convey title to said lands to the City in accordance with the terms and provisions of this registered Agreement. B. That Application B2019-075 requesting consent to sever a parcel of land having a width of approximately 118 metres and an area of approximately 1.06 hectares, (shown as Parcel B on the severance sketch attached to report DSD20-018) to be conveyed as a lot addition to 80 Centennial Road, be approved subject to the following conditions: 1. 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. 2. 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 two full size paper copies 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. 3. That the draft reference plan showing the proposed lot additions and parkland dedication (being Parcel A, Parcel B and Parcel C generally as shown on the severance sketch attached to report DSD20-018) be submitted and approved by the City's Director of Planning, in consultation with the City's Director of Parks and Cemeteries. 4. That the Owner agrees to submit an Addendum to the Slope Stability Assessment prepared by Chung and Vander Doelen Engineering Ltd. (dated November 1, 2019, and updated December 2019) to confirm that construction of a trail within the 6 metre Erosion Access Allowance, shown on Drawing 3, would not impact the slope, to the satisfaction of the Grand River Conservation Authority. 5. That the lands to be severed be added to the abutting lands (being 80 Centennial Road) 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. 6. 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. 7. That the Owner shall enter into a Modified Subdivision Agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following condition: b) That prior to initiation of any site development works, grading or issuance of a building permit the Owner agrees to submit and receive approval of a Site Plan to the satisfaction of the City's Manager of Site Development and Customer Service, which reflects, at minimum, any proposed changes to lot size and/or any proposed changes to site operation. 8. That the Owner shall enter into a Modified Subdivision Agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the lands to be retained which shall include the following conditions (subject to any necessary amendments to parcel descriptions based on deposited reference plan), and shall submit the Letter of Credit, and Acknowledgment and Direction identified therein: a. The Owner agrees that parkland dedication requirements for both Parcel A and Parcel B shall be fulfilled by the dedication of Parcel C to the City of Kitchener at no cost and free of encumbrances. The Owner agrees that Parcel C shall be dedicated to the City upon satisfactory completion of a Record of Site Condition and in accordance with the terms of this registered Agreement. b. The Owner shall deliver to the City, together with the executed copy of this Agreement, a Letter of Credit in the amount of $30,000.00, to the satisfaction of the City Solicitor, to be held for use by the City to complete a Record of Site Condition should one not be completed by the Owner in accordance with the terms of this registered Agreement. c. The Owner agrees to complete a Record of Site Condition by January 31, 2022 for the lands to be dedicated. Should the Record of Site Condition not be received to the satisfaction of the City's Solicitor by January 31, 2022, the City may use the Letter of Credit to have a Record of Site Condition completed. The City, its employees, agents or contractors may, at the City's sole option enter on the lands and so complete the required works to the extent of the monies received under the Letter of Credit. The Letter of Credit, or any portion of the Letter of Credit not otherwise spent by the City to complete the required works herein, shall be released by the City when the required Record of Site Condition has been completed to the satisfaction of the City Solicitor. d. The Owner shall deliver to the City, together with the executed copy of this Agreement, an executed Acknowledgment and Direction to be prepared by the City Solicitor authorizing the City and its solicitor to electronically register a Transfer of title to the lands to be dedicated, in favour of the City, in the event of default by the Owner to complete the Record of Site Condition and convey title to said lands to the City in accordance with the terms and provisions of this registered Agreement. Katie Anderl, MICP, RPP Senior Planner Attachments: Revised Severance Sketch Juliane von Westerholt, MCIP, RPP Senior Planner Staff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: K R www.kitchenerca Committee of Adjustment December 10, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Katie Anderl, Senior Planner— 519-741-2200 ext. 7987 #1 December 2, 2019 DSD19-282 B2019-074 — B2019-075 32 Forwell Road Owner — Gatekey Aggregates Inc Defer Map 1 — Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject lands are located at 32 Forwell Road. The lands are designated and zoned for industrial uses and contain a ready -mix concrete plant, however large areas of the site are under-utilized. The applicant is proposing to sever the lands into several individual parcels for future development, and as a first step they are requesting Consent to convey two parcels of land as lot additions to adjoining industrial lands at 36 and 80 Centennial Rd. The property is located adjacent to the Grand River, contain steep embankments, and are regulated by the Grand River Conservation Authority (GRCA). A number of documents were submitted in support of the consent application including a Vegetation Management Plan, Geotechnical Slope Stability Investigation and an Environmental Constraints Plan. The supporting documentation has been circulated to commenting City Divisions & Agencies. Through review of the documentation, the GRCA, the Region, City Parks and City Planning Staff have requested that the application be deferred so that the applicant may provide additional information regarding the Erosion Hazard Limit and Slope Stability Setback. These limits are requested to be shown on the supporting drawings in order to allow commenting authorities to complete their review. This information will define the limit of development and the location of the proposed lot line for Lot Addition 2. Parks staff is also interested in securing a parkland dedication along the Grand River to allow for a future extension of the Walter Bean Trail. The exact location of such a trail connection and the associated land dedication relies on the GRCA's review and approval of the extent of slope and flood erosion hazards. At the time of writing, the applicant is actively completing additional on-site investigations, and staff anticipate that this information should be available and reviewed for a Committee Meeting early in the winter. Based on the foregoing, staff recommends that the applications be deferred for a period of up to 3 months (March 17, 2020), but that they be permitted to return sooner. Operations (Design and Development) Comments: Requests deferral of the application. Building Comments: The Building Division has no objections to the proposed consent applications. Transportation Services Comments: Transportation Services has no objections to the proposed consent applications. Engineering Services Comments: Engineering Services has no objections to the proposed consent applications. Region of Waterloo Comments: The subject lands at 32 Forwell Road are identified as a High Threat in the Region's Threats Inventory Database. The adjacent lands at 80-88 and 20 & 36 Centennial Road are identified as a High Threat and Known Threat in the Region's Threats Inventory Database. The threat indicators are associated with the former and existing industrial uses on the property including the storage of underground tanks. Regional Staff acknowledges that the Environmental Screening Questionnaire submitted with the subject application has indicated that environmental documents (i.e. a Phase I and II Environmental Site Assessment) have been prepared or issued for the property. Regional Staff has requested these studies from the owner/applicant. Regional Staff requests deferral of the subject applications for 32 Forwell Drive to allow Regional Staff to review any associated environmental documents to determine whether a Record of Site Condition is warranted to assess potential contamination issues on the subject lands. RECOMMENDATIONS: That Applications B2019-074 and B2019-075 be deferred for a period of up to 3 months (March 17, 2020), but that they be permitted to return sooner. Katie Anderl, MICP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner 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 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 D20-20/19 KIT January 10, 2020 Re: Comments for Consent Application B2019-074 to 62019- 075 and B2020-001 through B2020-004 Committee of Adjustment Hearing January 21, 2020 CITY OF KITCHENER B2019-074 and B2019-075 32 Forwell Road Gatekey Aggregates Inc. c/o Justin Bischoff The owner/applicant is proposing two severances from 32 Forwell Road to be added as lot additions to existing abutting lots at 80-88 Centennial Road and 20 & 36 Centennial Road. Regional staff have no objection to the subject applications. B2020-001 to B2020-004 1250, 1270 and 1314 Fischer Hallman Road WAM Fischer -Hallman GP Inc. / One Properties The owner/applicant is proposing consent applications to sever three parcels of land, retaining one parcel, and to facilitate easements over the parcels for access, stormwater and servicing. The subject lands are located at the southeast corner of Fischer Hallman Road and Bleams Road and are subject to Site Plan Approval application SP18/083/F/AP and recently received Council approval to re -zone the lands to a site-specific "Mixed -Use Two" zone with special use regulations. The Zoning By-law Amendment application has been appealed and is currently proceeding through the LPAT process. Document Number: 3190214 Version: 1 Regional Comments: Regional Staff, in consultation with the City of Kitchener, are requesting a deferral of the subject applications for one month. This deferral is to allow Regional Staff additional time to review the subject applications in further detail and consult with the owner/applicant and City Staff to outline conditions of final approval. Regional Staff require additional time to address concerns related to the proposed access roundabout at Fischer -Hallman, site servicing for the subject lands and other relevant matters. Regional Staff request deferral of the subject applications 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 19-037 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, Matthew Colley Planner Document Number: 3190214 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Melissa Larion, Supervisor of Resource Phone: (519) 621-2761 ext. 2247 Planning Fax: (519) 621-4945 E-mail: mlarion@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 2, 2019 YOUR FILE: B 2019-074 & B 2019-075 GRCA FILE: B2019-074 & B2019-075 — 32 Forwell Road RE: Applications for Consent B 2019-074 & B 2019-075 32 Forwell Road, City of Kitchener Gatekey Aggregates Inc. GRCA COMMENT: The Grand River Conservation Authority (GRCA) recommends deferral of these consent applications to allow the applicant to provide additional information outlined below. BACKGROUND: 1. Resource Issues Information currently available at this office indicates that the subject property contains the erosion hazard, river valley and floodplain associated with the Grand River and Kolb Creek as well as the regulated allowances adjacent to these features. The property also contains the regulated allowance to wetlands located on adjacent properties. Based on our review of Figure 1, prepared by IBI Group, dated October 15, 2019: • The proposed lands to be severed and added to 36 Centennial Road are located outside the GRCA regulated area. • The proposed lands to be severed and added to 80 Centennial Road contain the erosion hazard, the Grand River valley as well as the allowance to these feature and the floodplain. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications Due to the presence of the resource features noted above, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. In accordance with GRCA and Provincial Policy, new development, including the creation of new lots, is not permitted in the floodplain or erosion hazards. Upon review of the submitted materials, the proposed applications will not create any new lots as the severed portions are to be added to existing lots. It should also be noted that no new hazards will be added to 80 Centennial Road as both properties already contain a portion of the hazards that are also on the lands to be severed. Page 1 of 2 Based on our review of the Concept Plan, we note that a portion of the land to be added to 80 Centennial Road is within the regulated area. Our current mapping indicates that the property is already developed and contains an area outside of the regulation limit on the existing and proposed lot addition for potential future development. Although GRCA staff do not object to the lot addition concept, we are recommending deferral of these applications to allow the applicant to provide additional information that may impact the lot lines associated with the lot additions. The requested information is listed below: • A Site Plan showing the top of stable slope and the applicable setback that was identified in the submitted Slope Stability Assessment (prepared by Chung & Vander Doelen Engineering Ltd., dated November 1, 2019) We also understand that the City of Kitchener Multi -use Pathways and Trails Master Plan (MMM Group and Ecoplans Limited, 2012) identified a proposed multi -use pathway along the Grand River in this area. If a trail is planned in this location, we request that the trail be included on the Site Plan noted above. The trail and associated grading should be located outside of the identified erosion hazard and setback. Once the additional information is submitted, GRCA staff will undertake a full review of the application and provide further comments. Any future development on the subject lands within the regulated area will require the prior issuance of a GRCA permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. 3. Plan Review Fees These consent applications will be reviewed together and will only require one plan review fee. The applicable plan review fee is the major consent application review fee of $1,060.00. The applicant will be invoiced in the amount of $1,060.00 by copy of this correspondence. We trust this information is of assistance. If you have any questions or require additional information please contact the undersigned. Sincerely, Melissa Larion, MA, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority Encl. * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority. 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Bell Canada Right of Way Floor 2, 140 Bayfield Street Barrie, Ontario L4M 3131 November 28, 2019 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4137 Tel: 705-722-2264 Fax: 705-726-4600 E-mail: charleyne.hall@bell.ca E-mail Only: Holly Dyson — holly. dyson @ kitchener.ca Subject: Applications for Consent B2019-074 and B2019-075 32 Forwell Road Kitchener Bell File: 519-19-546 Thank you for your correspondence dated November 26, 2019. Subsequent to review by our local engineering department, Bell Canada has identified that we require protection for existing facilities. On the attached sketch, the red line indicates the approximate location of active, critical infrastructure. Located on the property 32 Forwell Road, Bell Canada's facilities provide essential access to the network. Of major concern is the ability to access our equipment, particularly in the event of an interruption, or emergency, that would require Bell Canada to restore service to regular telephone lines, alarm services, internet access, and most importantly ensure the continuity of 911 service. Bell Canada requests a 3.Om wide strip to measure 1.5m on either side of the buried facilities, as can be reasonably accommodated. In regards to the buried plant, it may be necessary for a surveyor to arrange for a cable locate to identify its precise location. Since the intention of the requested easement is to protect the integrity of the existing facilities and preserve many services, we request that the cost associated with registration be the responsibility of the landowner. We hope this proposal meets with your approval and request a copy of the decision. Should our request receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and accompanying draft easement documents for our approval prior to registration, along with an acknowledgement and direction for our execution. If you have any questions or concerns, please feel free to contact me. Yours truly, a"17V W Charleyne Hall Right of Way Associate 1