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HomeMy WebLinkAboutDSD-18-192 - B 2018-127 - 385 Frederick StStaff Repod KN`:t F.\FR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 11, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner— 519-741-2200 ext.7987 WARD: #10 DATE OF REPORT: December 3, 2018 REPORT #: DSD -18-192 SUBJECT: B2018-127 — 385 Frederick Street Owner — FM Limited Partnership c/o EIWO Canadian Management Ltd. Approve with Conditions REPORT Planning Comments: The owner of the subject lands, FM Limited Partnership c/o EIWO Canadian Management, is requesting consent for a lease in excess of 21 years for the Tim Horton's restaurant currently under construction. The applicant has requested that the lease apply to the restaurant, drive-thru facility, garage area, and outdoor patio area, as shown on the consent sketch submitted in support of the application. Approval of the consent would permit the lease of the building to TDL Group Corp for a period of time in excess of 21 years and would not have any negative impacts on the remainder of the commercial plaza or its parking areas. PHOTO: 385 Frederick Street — Tim Horton's under construction at Frederick Mall (photo taken: November 19, 2018) *** This information is available in u,�cessible formats upon request. *** Please call 519-741-2345 or TTY 1-:.'66-969-9994 for assistance. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that a lease in excess of 21 years is desirable, appropriate, suitable for the development of the restaurant. The consent is not considered to be premature or pre -determining the outcome of future planning processes. Staff is of the opinion that the proposed development conforms to the Official Plan, and is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that the application be approved, subject to conditions. Building Comments: No objections. Traffic Comments: No concerns. Engineering Comments: No concerns. RECOMMENDATION That application B2018-127 for consent for a lease in excess of 21 years in favour of TDL Group Corp, for the Tim Horton's Restaurant at 385 Frederick Street, 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 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), if required by the City Clerk. 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. Katie Anderl, MCI P, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo File No. D20-20/18 KIT December 4, 2018 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SEHVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2018-121 through B2018-127 Committee of Adjustment Hearing December 11, 2018 CITY OF KITCHENER B2018-121 N.A.K. Holdings Inc. / Latton Properties Inc. 59 Irvin Street The owner/applicant is proposing to convey the rear portion of 59 Irvin Street to the existing lot to the south which consists of 79, 83, 87 Scott Street; 68, 82 Weber Street East; and 15, 25, 29 Pearl Place. The lot addition will increase the size of the existing parcel to the south and the future use has not been determined. Regional staff has no objection to the application. B2018-122 1841362 Ontario Inc. 20 Victoria Marie Court and 15 Prince Albert Boulevard The purpose of this application is to sever a portion of Block 4 of 58M-561 for the purpose of sale in respect to the ownership and development of Building C and D identified in the Victoria Common project. The proposed severance affects the centre portion of Block 4 on 58M-561. The proposed severance is in the interests of the potential sale of Buildings C and D identified in the development parcel Document Number: 2874293 Version: 1 Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Oscar and Sharon Lutz 218 Woolwich Street The owner/applicant is proposing a lot addition to the property immediately to east owned by Principia Development Ltd. to provide for the complete extension of Field Sparrow Crescent. Archaeological Assessment: Regional Staff require the completion of an Archeological Assessment for the proposed severed property prior to final approval of the consent application. This is due to the proximity to Known Archaeological Resources (about 10m from the property line), and its proximity to historically mapped buildings, and to watercourses (including the Grand River). • As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment for the entire severed property, and that any adverse impacts to significant archaeological resources found shall be mitigated, through preservation of the resource and/or removal and documentation, at the expense of the owner. • The applicant must submit the Archaeological Assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the Ministry's acceptance letter and the Assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. • Regional Staff request that if a Stage 3 is recommended by the licensed Archaeologist, that the Region of Waterloo be circulated the Stage 1 and 2 Assessments and be consulted prior to beginning the Stage 3 Assessment. Water Services: The existing subject property is located in Waterloo Zone 4 with a static hydraulic grade line of 381 mASL. Any development with a finished road elevation below 324.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Please note when the severed section of land is merged to Stage 2 of 30T-11205 it will be located in a different pressure zone. It will be in pressure zone Kitchener Zone 4a with a static hydraulic grade line of 363.2 mASL. Document Number: 2874293 Version: 1 Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval the applicant complete an Archaeological Assessment for the entire severed property and provide the Region of Waterloo with the Ministry of Culture, Tourism and Sport acceptance letter. B2018-124 Milorad Gutovic 34 Third Avenue The owner/applicant is proposing a severance to create a new residential lot. Corridor Planning: At this location the severed and retained lands may experience traffic noise from Provincial Highways (Highway 7 and 8). In lieu of a Transportation Noise Study, Corridor Planning would be prepared to recommend that the owner enter into an agreement with the City of Kitchener for the following noise warning clause: "Purchasers/tenants are advised that sound levels due to high volume of road traffic on Highway 7 and 8 may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks (MOECP) Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the Owner enter into a registered agreement with the City of Kitchener to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): Document Number: 2874293 Version: 1 Purchasers/tenants are advised that sound levels due to high volume of road traffic on Highway 7 and 8 may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks (MOECP). B2018-125 Edmir and Monika Hasanaj 60 Kehl Street The owner/applicant is proposing a severance to create a new residential lot. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2018-126 Nenad Gutovic 53 Second Avenue The owner/applicant is proposing a severance to create a new residential lot. Corridor Planning: At this location the severed and retained lands may experience traffic noise from Provincial Highways (Highway 7 and 8). In lieu of a Transportation Noise Study, Corridor Planning would be prepared to recommend that the owner enter into an agreement with the City of Kitchener for the following noise warning clause: "Purchasers/tenants are advised that sound levels due to high volume of road traffic on Highway 7 and 8 may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks (MOECP)". Document Number: 2874293 Version: 1 Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the Owner enter into a registered agreement with the City of Kitchener to include the following warning clause in all agreements of purchase and sale and/or rental agreements (for the severed and retained parcels): Purchasers/tenants are advised that sound levels due to high volume of road traffic on Highway 7 and 8 may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks (MOECP). B2018-127 FM Limited Partnership c/o EIWO Canadian Management Ltd. 385 Frederick Street The owner/applicant is proposing to recognize a Lease in Excess of twenty-one (21) years. Regional staff has no objection to the application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley Planner Document Number: 2874293 Version: 1 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 3, 2018 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2018-014 321 Fischer Hallman Road SG 2018-015 371 Franklin Street North FN 2018-003 626 Blair Creek Drive Applications for Minor Variance: A 2018-116 359 Alice Avenue A 2018-123 106 Ahrens Street West A 2018-125 810 Frederick Street A 2018-126 468 Trussler Road A 2018-128 24 Crosswinds Drive A 2018-129 398 Rivertrail Avenue A 2018-130 374, 380 & 384 Prospect Avenue A 2018-131 414 & 424 Prospect Avenue A 2018-133 121 Walter Street A 2018-134 76 Grand Flats Trail A 2018-135 171 Rivertrail Avenue A 2018-136 248 Shady Glen Crescent A 2018-137 1 Goodrich Drive/1 Chandaria Place A 2018-138 242, 254 & 262 Queen Street South A 2018-139 16 Chapel Hill Drive Applications for Consent: B 2018-121 59 Irvin Street B 2018-122 20 Victoria Marie Court/15 Prince Albert Boulevard B 2018-124 34 Third Avenue B 2018-126 53 Second Avenue B 2018-127 385 Frederick Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.