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HomeMy WebLinkAboutDSD-20-028 - B 2020-001 to B 2020-004 - 1250, 1270 & 1314 Fischer Hallman RdStaff Repod Development Services Department 1 11,�,R www.ki tch ener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner — 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ex. 7668 WARD: 5 DATE OF REPORT: February 12, 2020 REPORT #: DSD -20-028 SUBJECT: B2020-001 - B2020-004— 1250, 1270, & 1314 Fischer -Hallman Rd Owner — WAM Fischer -Hallman G.P. Inc. Approve subject to conditions Figure 1: view of subject property looking southeast from Fischer -Hallman Road REPORT Planning Comments: Background: The subject applications were heard at the January 21, 2020 Committee of Adjustment meeting. At that meeting, Planning staff walked -on an updated report, dated January 21, 2020, recommending approval subject to conditions (the report originally circulated to the Committee, dated January 14, 2020, was for deferral). At the meeting, the applicant protested a number of the Region conditions. A discussion ensued and the Committee ultimately decided to defer the application pending further discussions between the Region staff, applicant, and City staff regarding the conditions. On February 7, 2020, Region staff met with the applicant and his planning consultant. City Planning staff was also in attendance. As a result of this meeting, Region staff decided to maintain the general intent of its recommended conditions, but has consolidated conditions related to noise, thereby requiring slightly less process (e.g., all noise agreements are now to be with the Region only, instead of with the City and Region). Accordingly, Planning staff's report remains substantially the same as the January 21, 2020 staff report, notwithstanding the above noted minor changes. Site Location and Context: The subject property is located on the east side of Fischer -Hallman Road, at the northern gateway to the Rosenberg Secondary Plan Area. The property does not contain any buildings. The property is composed of 3 formerly individual properties that have been consolidated. Although the property has three separate addresses, the property is now one lot. The owner / applicant, WAM Fischer -Hallman GP Inc. (also known as One Properties), assembled the three properties in order to develop them comprehensively. The subject lands are adjacent to the main branch of Strasburg Creek and the Strasburg Creek Provincially Significant Wetland Complex (PSW). The lands on the west side of Fischer -Hallman Road are designated High Density Residential within the Rosenberg Secondary Plan and are mostly undeveloped. Huron Business Park is located to the northeast and contains a range of uses, including industrial, office, and religious institution. Planning staff visited the site on January 2, 2020 Zoning By-law Amendment and Appeal In 2016, the Owner submitted a zoning by-law amendment (ZBA) to change the zoning of the property from Business Park zones to several variations of the Medium Intensity Mixed Use Corridor Zone (MU -2). In addition, the ZBA sought to rezone lands with environmental significance, by protecting them with Hazard Land zoning (P-3) for their conservation. This change would bring the zoning into conformity with the Mixed Use Two Official Plan designation of the Rosenberg Secondary Plan. The main purpose of the ZBA was to allow the development of the lands with a mixed-use development concept, to be implemented through a site plan approval process. The development concept features the following: • First Phase (centre of site): Development of approximately 7,300 square metres (80,000 sq.ft.) of commercial floor area, including a 3,340 square metre (36,000 sq.ft.) food store and several attached non-food retail units, and 3 stand-alone commercial buildings with multiple tenants in each. • Second Phase (south end of site): Development of three 10-12 storey apartment buildings comprising 418 total dwelling units with both underground and structured parking. • Third Phase (north end of site): Development of a 6-10 storey mixed-use building (office/retail and residential) at the north end of the site that will be oriented to both the Fischer -Hallman and Bleams frontages. In September 2018, City Council approved the ZBA. However, in October 2018, the ZBA was appealed to the Local Planning Appeal Tribunal (LPAT) by a nearby developer. A hearing was held in August 2019 and a decision from LPAT is currently pending. Site Plan Application In July 2018, the owner submitted a Site Plan Application (SP) for the first phase of development, as described above (Site Plan Application SP18/083/F/AP). The SP also includes development of private roads into the site from Bleams Road and Fischer -Hallman Road. The site plan has evolved positively through the application review, though it remains under review (approval in principle has not yet been granted) pending resolution of certain technical matters, most notably the design for the access at the south end of the site, and how this may impact building locations. Consent Application At this time the owner is requesting approval of the subject consent application in order to assist in implementing the above noted vision for the site. The subject consent application would divide the property in to 4 lots, thereby allowing other developers to own and develop different areas of the property. The consent request application requests both the creation of lots and the establishment of easements for common features, as follows: 1. Creation of Lots Note: the below lot Lot Lot Area in Lot Existing Proposed numbers Type Hectares Frontage (B Use Use correspond to the easement) = Bleams; F purposes only. These specific lots shown on the easements will be defined at a = Fischer - severance sketch Hallman) condition Lot 1 Severed 0.794 74.5(B) Vacant Residential / Easement 2 Access 2 1 and 3 Easement 3 Commercial Lot 2 Retained 3.195 207.4 (F) Vacant Commercial Lot 3 Severed 1.903 39.3 F Vacant Residential Lot 4 Severed 0.792 11.3 (F) Vacant Natural Easement 8 Servicing 2 1 and 3 Easement 9 Heritage 3 1 and 2 Conservation 2. Establishment of Specific Easements Note: the below easement Easement Servient Lot (i.e., Dominant Lot(s) numbers do not correspond to the Purpose the lot that is (i.e., the lot that severance sketch, and are subject to the benefits from the provided for identification easement) easement) purposes only. These specific easements will be defined at a later date, as an approval condition Easement 1 Access 1 2 and 3 Easement 2 Access 2 1 and 3 Easement 3 Access 3 1 and 2 Easement 4 Stormwater 2 1 and 3 Easement 5 Stormwater 3 1 and 2 Easement 6 Stormwater 4 1, 2, and 3 Easement 7 Servicing 1 2 and 3 Easement 8 Servicing 2 1 and 3 Easement 9 Servicing 3 1 and 2 Note that although specific easements are requested, these are to be defined as an approval condition, at a later date, rather than as part of the initial application review. Specific easements are necessary because the property, as a whole, when developed, is proposed function as a unit with common facilities and services. Establishing specific easements will ensure that when the site is divided into 4 lots, the site continues to function as a unit, despite separate ownership of the lots. 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 offers the following comments. The requested consents would facilitate development that has a positive effect on matters of provincial interest, including, for example: • the protection of ecological systems, including natural areas, features and functions; • the orderly development of safe and healthy communities; • the adequate provision of a full range of housing; • the adequate provision of employment opportunities; • the appropriate location of growth and development; • the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; and • the promotion of built form that is well-designed and encourages a sense of place. The requested consents are not premature, are in the public interest, and conform to the City's Official Plan. The adjacent streets are adequate to support the development that would be facilitated through the requested consents. In addition, based on the proposed zoning that was approved by council, but later appealed to LPAT, the property is suitable for the purposes for which it is to be severed. Planning staff recommends a condition to require that the proposed zoning be approved by LPAT, prior to final consent approval and creation of the lots. As of December 2019, the lands have access to Strasburg Creek for stormwater management purposes, via a recently established easement over a portion of the property immediately to the south (1340 Fischer -Hallman Road; refer to Consent Application B2019-027). The dimensions and shapes of the proposed lots, while somewhat unconventional, would facilitate a viable site plan concept. In addition, through the site plan application adequate utilities and municipal services will be provided to the resultant lots. Planning staff recommends a condition to require that the site plan application receive approval in principle and that the related Section 41 Development Agreement be registered on title, prior to final consent approval and creation of the lots. The requested specific easements for stormwater, access, and services will assist in ensuring orderly functioning of the development to be facilitated on the lots to be created. Planning staff recommend that the requested specific easements be defined / identified by way of a condition requiring satisfactory submission of a reference plan, along with a detailed description of each easement. Based on the foregoing and below comments received by City departments and agencies, Planning staff recommends that the Consent Application be approved, subject to the conditions outlined in the Recommendation section of this report. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: Natural heritage matters were identified through the zoning by-law amendment and site plan applications. A Section 41 Development Agreement for Site Plan Application SP18/083/F/AP should be registered on the title of all parcels created. Complete City Environmental Planning comments were made as part of that application in memos from Barbara Steiner, dated 7 June 2019 and 30 July 2019. These comments and conditions will apply to any part of these lands, and all parcels created. Natural heritage concerns / commitments will be addressed through site plan conditions to be contained within an agreement that will be registered on the title of the whole of the lands and that will continue with title of new lots resulting from severance applications. Building Comments: The Building Division has no objections to the proposed consent. Transportation Services Comments: As both abutting roadways fall under the jurisdiction of the Region of Waterloo, Transportation Services has no concerns with the proposed applications. Parks & Cemeteries Comments: The parkland dedication requirement for this submission is deferred and will be assessed at the current site application SP18/083/F/AP, and any future site plan applications. Engineering Comments: Understanding that this property will be going through a detailed site plan process, the clearance of these conditions will be directly related to the site plan review and approval process. • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service these properties, all prior to severance approval. Our records indicate limited municipal services available for the proposed properties. Any further enquiries in this regard the services should be directed to Jason Brule (519-741-2200 ext. 7419). • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system complete with sanitary sewer design sheets will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the buildings can be drained by gravity to the street sewers. If this is not the case, then the owner shall pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. • All services will be privately owned within the parcels of land, therefore easements will be required in favour of the parcel of land it's servicing. Region of Waterloo Comments: Provided under separate cover. GRCA Comments: 1. Resource Issues Information currently available at this office indicates that the subject lands contain erosion hazard and its associated allowance as well as the allowance to a wetland located on an adjacent property. A copy of our resource mapping is attached for your reference. 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. Any future development on 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. As part of a recent permit approval (GRCA Permit 514/19), GRCA reviewed both a satisfactory Environmental Impact Study and a geotechnical analysis which identified the stable top of slope and a 6 metre access allowance. The Consent Sketch (prepared by Speight, Van Nostrand and Gibson Ltd.) is consistent with the approved geotechnical analysis in that Lot 4 contains all of the erosion hazard, the 6 metre access allowance and the regulated area to the wetland. It is our understanding that Lot 4 will not be developed and zoned as "Natural Heritage Conservation". Only Lots 1 to 3 will be permitted to be developed. As noted previously, any future development will need to conform to the Alder Creek Watershed Study and Upper Strasburg Creek Subwatershed Plan. 3. Plan Review Fees These consent applications were reviewed together and will only require one plan review fee. The applicable plan review fee is the minor consent application review fee of $420.00, which the applicant will be invoiced by copy of this correspondence. RECOMMENDATION A. That Consent Application B2020-001 requesting consent to: a. create a new lot (i.e., Lot 1) with a lot width of approximately 74.5 metres along Bleams Road and an area of approximately 0.8 hectares, and b. create easements over Lot 1 for access and servicing, be approved. subject to the followina 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(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 dimensions and shapes of the proposed lots be in general conformity with those shown on the Consent Sketch provided with the application form, to the satisfaction of the City's Director of Planning. 4. That the Zoning By-law Amendment (Application # ZC17/003/F/AP) currently under appeal as LPAT Case No. 180832 receive final approval by the Local Planning Appeal Tribunal, to the satisfaction of the City's Director of Planning and City Solicitor. 5. That the Section 41 Development Agreement related to the approval of Site Plan Application SP18/083/F/AP be registered on title of the whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the City's Director of Planning and City Solicitor. 6. That the Owner submit and obtain approval of a functional servicing report for the whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the City's Director of Engineering Services and Region of Waterloo. 7. That the Owner provide a draft reference plan showing the requested specific easements, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the City's Director of Planning, City's Director of Engineering Services, and City Solicitor. 8. That the Owner establish blanket easements for any additional shared facilities (e.g., parking), to the satisfaction of the City's Director of Planning and City Solicitor. 9. That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City 10. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 11. That the Owner shall submit a draft copy of the proposed Transfer for the severed parcel for review and approval, to the satisfaction of the City Solicitor. 12. That the shall owner make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed and retained lands. 13. That the owner prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 14. That the owner prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 15. That prior to final approval, the owner/applicant submit the consent review fee of $350.00 per new lot created to the Region of Waterloo. 16. The owner/applicant enter into an agreement with the Region of Waterloo, to submit a detailed Environmental and Stationary Noise Study prior to Site Plan Approval, and enter into a further supplementary agreement to implement the recommendations of the noise study. 17. Notwithstanding the above -stated condition, the owner/applicant is required to enter into a development agreement with the Region of Waterloo to include the following warning clause in any offers to purchase and/or rental agreements: "Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and industrial facilities, the sound from which may at times be audible." 18. That prior to final approval, the owner/applicant submit a final Stormwater Management Report for review and approval by the Region of Waterloo. 19. That the Owner provide a draft reference plan showing the requested specific easements for access, stormwater and servicing, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the Region of Waterloo. 20. That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the Region, in consultation with the City: a. A clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. A clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released, or otherwise dealt with without the express written consent of the City. 21. That the owner/applicant provide the Region a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the Region's Solicitor to be provided to the Region Solicitor. 22. That prior to final approval, as recommended in the Transportation Impact Study entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of Kitchener" authored by WSP (Apri12018) provide a functional design for the proposed southerly access on Fischer -Hallman Road (interim traffic control signal/permanent roundabout), to the satisfaction of the Region. 23. That prior to final approval, the owner shall enter into an agreement with the Region of Waterloo to provide the functional design, approved cost estimate, and letter of credit all to the satisfaction of the Region of Waterloo, for the Region of Waterloo to install the interim traffic control signals at the southerly most access of the site to Fischer -Hallman Road, and the dedication of the lands required from the developer to implement the traffic control signal, free and clear of all encumbrances at no expense to the Region of Waterloo; 24. That prior to final approval, the owner shall enter into an agreement with the Region to provide the approved Preliminary Roundabout Design, approved cost estimate, and letter of credit, all to the satisfaction of the Region of Waterloo, to secure the funds required for the Region of Waterloo to remove the traffic control signals at the southerly most access of the site to Fischer -Hallman Road and install a permanent centre aligned roundabout in its place, and the dedication of the lands required from the developer to implement the permanent centre aligned roundabout. The Letter of Credit shall include all costs for land acquisition by the Region (including expropriation costs) for all required lands from properties not owned by the Developer, free and clear of all encumbrances at no expense to the Region of Waterloo. B. That Consent Application B2020-002 requesting consent to create easements over the retained lot (i.e., Lot 2) for access, stormwater, and servicing, 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(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 dimensions and shapes of the proposed lots be in general conformity with those shown on the Consent Sketch provided with the application form, to the satisfaction of the City's Director of Planning. 4. That the Zoning By-law Amendment (Application # ZC17/003/F/AP) currently under appeal as LPAT Case No. 180832 receive final approval by the Local Planning Appeal Tribunal, to the satisfaction of the City's Director of Planning and City Solicitor. 5. That the Section 41 Development Agreement related to the approval of Site Plan Application SP18/083/F/AP be registered on title of the whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the City's Director of Planning and City Solicitor. 6. That the Owner submit and obtain approval of a functional servicing report for the whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the City's Director of Engineering Services and Region of Waterloo. 7. That the Owner provide a draft reference plan showing the requested specific easements, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the City's Director of Planning, City's Director of Engineering Services, and City Solicitor. 8. That the Owner establish blanket easements for any additional shared facilities (e.g., parking), to the satisfaction of the City's Director of Planning and City Solicitor. 9. That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City 10. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 11. That the Owner shall submit a draft copy of the proposed Transfer for the severed parcel for review and approval, to the satisfaction of the City Solicitor. 12. That the shall owner make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed and retained lands. 13. That the owner prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 14. That the owner prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 15. That prior to final approval, the owner/applicant submit the consent review fee of $350.00 per new lot created to the Region of Waterloo. 16. The owner/applicant enter into an agreement with the Region of Waterloo, to submit a detailed Environmental and Stationary Noise Study prior to Site Plan Approval, and enter into a further supplementary agreement to implement the recommendations of the noise study. 17. Notwithstanding the above -stated condition, the owner/applicant is required to enter into a development agreement with the Region of Waterloo to include the following warning clause in any offers to purchase and/or rental agreements: "Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and industrial facilities, the sound from which may at times be audible." 18. That prior to final approval, the owner/applicant submit a final Stormwater Management Report for review and approval by the Region of Waterloo. 19. That the Owner provide a draft reference plan showing the requested specific easements for access, stormwater and servicing, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the Region of Waterloo. 20. That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the Region, in consultation with the City: a. A clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. A clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released, or otherwise dealt with without the express written consent of the City. 21. That the owner/applicant provide the Region a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the Region's Solicitor to be provided to the Region Solicitor. 22. That prior to final approval, as recommended in the Transportation Impact Study entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of Kitchener" authored by WSP (Apri12018) provide a functional design for the proposed southerly access on Fischer -Hallman Road (interim traffic control signal/permanent roundabout), to the satisfaction of the Region. 23. That prior to final approval, the owner shall enter into an agreement with the Region of Waterloo to provide the functional design, approved cost estimate, and letter of credit all to the satisfaction of the Region of Waterloo, for the Region of Waterloo to install the interim traffic control signals at the southerly most access of the site to Fischer -Hallman Road, and the dedication of the lands required from the developer to implement the traffic control signal, free and clear of all encumbrances at no expense to the Region of Waterloo; 24. That prior to final approval, the owner shall enter into an agreement with the Region to provide the approved Preliminary Roundabout Design, approved cost estimate, and letter of credit, all to the satisfaction of the Region of Waterloo, to secure the funds required for the Region of Waterloo to remove the traffic control signals at the southerly most access of the site to Fischer -Hallman Road and install a permanent centre aligned roundabout in its place, and the dedication of the lands required from the developer to implement the permanent centre aligned roundabout. The Letter of Credit shall include all costs for land acquisition by the Region (including expropriation costs) for all required lands from properties not owned by the Developer, free and clear of all encumbrances at no expense to the Region of Waterloo. C. That Consent Application B2020-003 requesting consent to: a. create a new lot (i.e., Lot 3) with a lot width of approximately 39.3 metres along Fischer -Hallman Road and an area of approximately 1.9 hectares, and b. create easements over Lot 3 for access, stormwater, and servicing, be approved. subject to the followina 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(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 dimensions and shapes of the proposed lots be in general conformity with those shown on the Consent Sketch provided with the application form, to the satisfaction of the City's Director of Planning. 4. That the Zoning By-law Amendment (Application # ZC17/003/F/AP) currently under appeal as LPAT Case No. 180832 receive final approval by the Local Planning Appeal Tribunal, to the satisfaction of the City's Director of Planning and City Solicitor. 5. That the Section 41 Development Agreement related to the approval of Site Plan Application SP18/083/F/AP be registered on title of the whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the City's Director of Planning and City Solicitor. 6. That the Owner submit and obtain approval of a functional servicing report for the whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the City's Director of Engineering Services and Region of Waterloo. 7. That the Owner provide a draft reference plan showing the requested specific easements, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the City's Director of Planning, City's Director of Engineering Services, and City Solicitor. 8. That the Owner establish blanket easements for any additional shared facilities (e.g., parking), to the satisfaction of the City's Director of Planning and City Solicitor. 9. That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City 10. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 11. That the Owner shall submit a draft copy of the proposed Transfer for the severed parcel for review and approval, to the satisfaction of the City Solicitor. 12. That the shall owner make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed and retained lands. 13. That the owner prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 14. That the owner prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 15. That prior to final approval, the owner/applicant submit the consent review fee of $350.00 per new lot created to the Region of Waterloo. 16. The owner/applicant enter into an agreement with the Region of Waterloo, to submit a detailed Environmental and Stationary Noise Study prior to Site Plan Approval, and enter into a further supplementary agreement to implement the recommendations of the noise study. 17. Notwithstanding the above -stated condition, the owner/applicant is required to enter into a development agreement with the Region of Waterloo to include the following warning clause in any offers to purchase and/or rental agreements: "Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and industrial facilities, the sound from which may at times be audible." 18. That prior to final approval, the owner/applicant submit a final Stormwater Management Report for review and approval by the Region of Waterloo. 19. That the Owner provide a draft reference plan showing the requested specific easements for access, stormwater and servicing, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the Region of Waterloo. 20. That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the Region, in consultation with the City: a. A clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. A clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released, or otherwise dealt with without the express written consent of the City. 21. That the owner/applicant provide the Region a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the Region's Solicitor to be provided to the Region Solicitor. 22. That prior to final approval, as recommended in the Transportation Impact Study entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of Kitchener" authored by WSP (Apri12018) provide a functional design for the proposed southerly access on Fischer -Hallman Road (interim traffic control signal/permanent roundabout), to the satisfaction of the Region. 23. That prior to final approval, the owner shall enter into an agreement with the Region of Waterloo to provide the functional design, approved cost estimate, and letter of credit all to the satisfaction of the Region of Waterloo, for the Region of Waterloo to install the interim traffic control signals at the southerly most access of the site to Fischer -Hallman Road, and the dedication of the lands required from the developer to implement the traffic control signal, free and clear of all encumbrances at no expense to the Region of Waterloo; 24. That prior to final approval, the owner shall enter into an agreement with the Region to provide the approved Preliminary Roundabout Design, approved cost estimate, and letter of credit, all to the satisfaction of the Region of Waterloo, to secure the funds required for the Region of Waterloo to remove the traffic control signals at the southerly most access of the site to Fischer -Hallman Road and install a permanent centre aligned roundabout in its place, and the dedication of the lands required from the developer to implement the permanent centre aligned roundabout. The Letter of Credit shall include all costs for land acquisition by the Region (including expropriation costs) for all required lands from properties not owned by the Developer, free and clear of all encumbrances at no expense to the Region of Waterloo. D. That Consent Application B2020-004 requesting consent to: a. create a new lot (i.e., Lot 4) with a lot width of approximately 11.3 metres along Fischer -Hallman Road and an area of approximately 0.8 hectares, and b. create easements over Lot 4 for stormwater, be approved. subject to the followina 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(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized 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 dimensions and shapes of the proposed lots be in general conformity with those shown on the Consent Sketch provided with the application form, to the satisfaction of the City's Director of Planning. 4. That the Zoning By-law Amendment (Application # ZC17/003/F/AP) currently under appeal as LPAT Case No. 180832 receive final approval by the Local Planning Appeal Tribunal, to the satisfaction of the City's Director of Planning and City Solicitor. 5. That the Section 41 Development Agreement related to the approval of Site Plan Application SP18/083/F/AP be registered on title of the whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the City's Director of Planning and City Solicitor. 6. That the Owner submit and obtain approval of a functional servicing report for the whole of the subject lands addressed as 1250-1314 Fischer -Hallman Road, to the satisfaction of the City's Director of Engineering Services and Region of Waterloo. 7. That the Owner provide a draft reference plan showing the requested specific easements, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the City's Director of Planning, City's Director of Engineering Services, and City Solicitor. 8. That the Owner establish blanket easements for any additional shared facilities (e.g., parking), to the satisfaction of the City's Director of Planning and City Solicitor. 9. That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 10. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 11. That the Owner shall submit a draft copy of the proposed Transfer for the severed parcel for review and approval, to the satisfaction of the City Solicitor. 12. That the shall owner make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed and retained lands. 13. That the owner prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 14. That the owner prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 15. That prior to final approval, the owner/applicant submit the consent review fee of $350.00 per new lot created to the Region of Waterloo. 16. The owner/applicant enter into an agreement with the Region of Waterloo, to submit a detailed Environmental and Stationary Noise Study prior to Site Plan Approval, and enter into a further supplementary agreement to implement the recommendations of the noise study. 17. Notwithstanding the above -stated condition, the owner/applicant is required to enter into a development agreement with the Region of Waterloo to include the following warning clause in any offers to purchase and/or rental agreements: "Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and industrial facilities, the sound from which may at times be audible." 18. That prior to final approval, the owner/applicant submit a final Stormwater Management Report for review and approval by the Region of Waterloo. 19. That the Owner provide a draft reference plan showing the requested specific easements for access, stormwater and servicing, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the Region of Waterloo. 20. That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the Region, in consultation with the City: a. A clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. A clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released, or otherwise dealt with without the express written consent of the City. 21. That the owner/applicant provide the Region a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the Region's Solicitor to be provided to the Region Solicitor. 22. That prior to final approval, as recommended in the Transportation Impact Study entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of Kitchener" authored by WSP (Apri12018) provide a functional design for the proposed southerly access on Fischer -Hallman Road (interim traffic control signal/permanent roundabout), to the satisfaction of the Region. 23. That prior to final approval, the owner shall enter into an agreement with the Region of Waterloo to provide the functional design, approved cost estimate, and letter of credit all to the satisfaction of the Region of Waterloo, for the Region of Waterloo to install the interim traffic control signals at the southerly most access of the site to Fischer -Hallman Road, and the dedication of the lands required from the developer to implement the traffic control signal, free and clear of all encumbrances at no expense to the Region of Waterloo; 24. That prior to final approval, the owner shall enter into an agreement with the Region to provide the approved Preliminary Roundabout Design, approved cost estimate, and letter of credit, all to the satisfaction of the Region of Waterloo, to secure the funds required for the Region of Waterloo to remove the traffic control signals at the southerly most access of the site to Fischer -Hallman Road and install a permanent centre aligned roundabout in its place, and the dedication of the lands required from the developer to implement the permanent centre aligned roundabout. The Letter of Credit shall include all costs for land acquisition by the Region (including expropriation costs) for all required lands from properties not owned by the Developer, free and clear of all encumbrances at no expense to the Region of Waterloo. Andrew Pinnell, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Attachments: 0 Consent Sketch submitted with application form Consent Sketch submitted with application form .ops REWM�p'SPWIP�m PUN 1471 CONSENT SKETCH CITY OF KITCHENER 1350, 1370, AND 1314 FISCHER HALLMAN ROAD WAM FISCHER HALLMAN G.P. BLE,W5 ROAD _ — _ - AAff! I LANR_S TO BE SEVERE ' AND EASEMENTS Lor s 1 LOT 1— DECISIONS 41 and #4 rr }}} � h p f 1. 0 T + 1 0o794ha l-1.962ac n ,waF a —FR= f nuzr ➢ } W7 it 1 - RAW 20 •• I W 241 J n 4 RHO PART OF LOT 2 RDGISFUWS COMPILED PLAN 1171 a CITY OF KITCHENER aaPwL w.Ra.um a +Y�7aLOP Y6YE � we 4 Mw.�w i�f.saw a ob%N uiml Ii1BXAlld1 HQIE 6 rxa'eaa�s`ereiiirvr YEf4C a,. as E ewe curnrx,E 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 February 12, 2020 Re: Comments for Consent Application B2020-001 through B2020-004 Committee of Adjustment Hearing February 18, 2020 CITY OF KITCHENER 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. Regional Comments: Regional Staff had requested in comments dated January 10, 2020 that the subject applications be deferred to allow additional time for Regional Staff to consult with the owner/applicant and City Staff to outline conditions of final approval. In consultation with the owner/applicant and the City of Kitchener, have reviewed the subject applications in further detail and are satisfied with addressing any relevant concerns through conditions of final approval or at the future site plan application stage. Document Number: 3224599 Version: 1 Regional Fee: The owner/applicant is required to submit the consent review fee of $350.00 per new lot created ($350.00 x 3 = $1050.00) prior to final approval of the subject applications. Noise: Regional Staff acknowledge that the owner/applicant submitted a noise study entitled "Noise Feasibiltiy Study, Proposed Mixed -Use Development, 1250, 1270, 1314 Fischer - Hallman Road, Kitchener, ON" authored by HGC Engineering (December 2016) in support of the proposed development. Regional Staff concurred with the recommendations of the study and that a detailed noise study would be secured through a holding provision as part of the proposed zoning by-law application. Regional Staff acknowledge that the detailed noise study be completed prior to Site Plan Approval and that the owner/applicant is required to secure implementation of these studies as part of the consent application. The owner/applicant is required to submit a detailed Environmental and Stationary Noise study prior to site plan approval on the subject lands. The owner/applicant is also required to enter into further supplementary agreements to implement the recommendations of the noise study. The noise study must assess road traffic from Fischer -Hallman Road (RR#58) and Bleams Road. The Assessment must also address the possible impact of noise generated by the proposed development on all noise -sensitive uses in the vicinity and on the development itself, as well as any off-site noise sources identified by the noise consultant that may have an impact on the proposed development. Please ensure that a signed Owner/Authorized Agent Statement and Consultant Statutory Declaration accompanies the noise assessments submitted to the Region. Notwithstanding the requirement for a detailed final noise study, the owner/applicant is required to enter into an agreement with the Region of Waterloo as part of the consent application. The recommendations of the noise study submitted by HGC Engineering (December 2016) required that a warning clause be secured in a development agreement for sensitive uses, and that the warning clause be included in any offers to purchase and/or rental agreements: "Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and industrial facilities, the sound from which may at times be audible. " Functional Servicing: Regional Staff are satisfied with the City of Kitchener condition to complete a functional servicing report to the satisfaction of the City and Region prior to final approval. Document Number: 3224599 Version: 1 Stormwater Management: Regional Staff require the owner/applicant to submit a final Stormwater Management Report for the subject development, prior to final approval of the consent applications. Easements: The owner/applicant is requesting approval of the subject consent applications to establish the creation of lots and easements for common features. Regional Staff note that the easements are to be defined as an approval condition, at a later date, rather than as part of the initial application review. Specific easements are necessary because the property, as a whole, when developed is proposed to function as a unit with common facilities and services. The specific easements are needed to ensure that when the site is divided into separate lots, the site functions as a unit, despite separate ownership. It is Regional Staff's understanding that the easements to be established would be reciprocal easements pertaining to access, stormwater, and servicing. Regional Staff agree with the City's conditions pertaining to the easements being established as conditions of final approval. Regional Staff require the owner/applicant to consult with Regional and City Staff on the establishment of any required easements prior to final approval of the subject applications. Record of Site Condition: Regional Staff acknowledge the proposed Zoning By -Law text for the subject lands excludes residential development at 1270 Fischer -Hallman Road (proposed retained lands), which is proposed to be developed with commercial uses. However, the text does not prohibit multiple dwellings on the retained lands. Regional Staff acknowledge that it is at the discretion of the Chief Building Official under Regulation 153/04 to address whether a RSC is warranted prior to issuance of any building permit on the proposed retained lands given the potential for a sensitive use. Access: Regional Staff acknowledge that through the Zoning By -Law Amendment application the owner/applicant has submitted a roundabout entrance submission and associated preliminary cost estimate for both proposed signals and a future roundabout at the proposed access at the south end of the site at Fischer Hallman Road. Regional Staff acknowledge that the review of the roundabout design, in conjunction with the TIS entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of Kitchener" authored by WSP (April 2018) is on-going. Regional Staff acknowledge that any proposed access may impact the proposed existing lot configurations. Additional lands may be required to be dedicated to the Region to accommodate any proposed access at this location. Document Number: 3224599 Version: 1 Regional Staff require the owner/applicant to enter into an agreement with the Region to provide a functional Design, approved cost estimate, letter of credit, all to the satisfaction of the Region of Waterloo, for the Region of Waterloo to install the interim traffic control signals at the southerly most access of the site to Fischer -Hallman Road, and the dedication of the lands required from the developer to implement the traffic control signal, free and clear of all encumbrances at no expense to the Region of Waterloo; and Regional Staff require the owner/applicant to enter into an agreement with the Region to provide a Preliminary Roundabout Design, approved cost estimate and letter of credit, all to the satisfaction of the Region of Waterloo, to secure the funds required for the Region of Waterloo to remove the traffic control signals at the southerly most access of the site to Fischer -Hallman Road and install a permanent centre aligned roundabout in its place, and the dedication of the lands required from the developer to implement the permanent centre aligned roundabout. The Letter of Credit shall include all costs for land acquisition by the Region (including expropriation costs) for all required lands from properties not owned by the Developer, free and clear of all encumbrances at no expense to the Region of Waterloo. Regional Staff have no objections to the applications, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the consent review fee of $350.00 per new lot created to the Region of Waterloo. 2) The owner/applicant enter into an agreement with the Region of Waterloo, to submit a detailed Environmental and Stationary Noise Study prior to Site Plan Approval, and enter into a further supplementary agreement to implement the recommendations of the noise study. 3) Notwithstanding the above -stated condition, the owner/applicant is required to enter into a development agreement with the Region of Waterloo to include the following warning clause in any offers to purchase and/or rental agreements: "Purchasers/tenants are advised of the proximity of nearby commercial, retail/office and industrial facilities, the sound from which may at times be audible." 4) That prior to final approval, the owner/applicant submit a final Stormwater Management Report for review and approval by the Region of Waterloo. 5) That the Owner provide a draft reference plan showing the requested specific easements for access, stormwater and servicing, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the Region of Waterloo. Document Number: 3224599 Version: 1 6) That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the Region, in consultation with the City: a. A clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. A clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released, or otherwise dealt with without the express written consent of the City. 7) That the owner/applicant provide the Region a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the Region's Solicitor to be provided to the Region Solicitor. 8) That prior to final approval, as recommended in the Transportation Impact Study entitled "Transportation Impact Study, 1250, 1270, and 1314 Fischer -Hallman Road, City of Kitchener" authored by WSP (Apri12018) provide a functional design for the proposed southerly access on Fischer -Hallman Road (interim traffic control signal/permanent roundabout), to the satisfaction of the Region. 9) That prior to final approval, the owner shall enter into an agreement with the Region of Waterloo to provide the functional design, approved cost estimate, and letter of credit all to the satisfaction of the Region of Waterloo, for the Region of Waterloo to install the interim traffic control signals at the southerly most access of the site to Fischer -Hallman Road, and the dedication of the lands required from the developer to implement the traffic control signal, free and clear of all encumbrances at no expense to the Region of Waterloo; 10)That prior to final approval, the owner shall enter into an agreement with the Region to provide the approved Preliminary Roundabout Design, approved cost estimate, and letter of credit, all to the satisfaction of the Region of Waterloo, to secure the funds required for the Region of Waterloo to remove the traffic control signals at the southerly most access of the site to Fischer -Hallman Road and install a permanent centre aligned roundabout in its place, and the dedication of the lands required from the developer to implement the permanent centre aligned roundabout. The Letter of Credit shall include all costs for land acquisition by the Region (including expropriation costs) for all required lands from properties not owned by the Developer, free and clear of all encumbrances at no expense to the Region of Waterloo. Document Number: 3224599 Version: 1 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: 3224599 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1 R 5W6 Melissa Larion, Supervisor of Resource Phone: (519) 621-2761 ext. 2247 Planning Fax: (519) 621-4945 E-mail: mlarion@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: January 9, 2019 YOUR FILE: B 2020-001 to B2020-004 GRCA FILE: B 2020-001 to B2020-004 RE: Applications for Consent B2020-001 to B2020-004 1250, 1270 and 1314 Fischer Hallman Road WAM Fischer -Hallman GP Inc./One Properties GRCA COMMENT: The Grand River Conservation Authority (GRCA) has no objection to the approval of the consent applications. BACKGROUND: 1. Resource Issues Information currently available at this office indicates that the subject lands contain erosion hazard and its associated allowance as well as the allowance to a wetland located on an adjacent property. A copy of our resource mapping is attached for your reference. 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. Any future development on 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. As part of a recent permit approval (GRCA Permit 514/19), GRCA reviewed both a satisfactory Environmental Impact Study and a geotechnical analysis which identified the stable top of slope and a 6 metre access allowance. The Consent Sketch (prepared by Speight, Van Nostrand and Gibson Ltd.) is consistent with the approved geotechnical analysis in that Lot 4 contains all of the erosion hazard, the 6 metre access allowance and the regulated area to the wetland. It is our understanding that Lot 4 will not be developed and zoned as "Natural Heritage Conservation". Only Lots 1 to 3 will be permitted to be developed. As noted previously, any future development will need to conform to the Alder Creek Watershed Study and Upper Strasburg Creek Subwatershed Plan. Page 1 of 2 3. Plan Review Fees These consent applications were reviewed together and will only require one plan review fee. The applicable plan review fee is the minor consent application review fee of $420.00, which the applicant will be invoiced 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. cc: WAM Fischer -Hallman G.P. Inc. c/o J. Marshall — Suite 2710, 333 Bay Street, Toronto, ON M5H 2R2 Mathew Campbell, Zelinka Priamo Ltd. (email) Andrew Pinnell, City of Kitchener (email) * 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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