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Home My WebLink AboutDSD-19-201 - B 2019-056 - 1000 Victoria St NStaff Report Development Services Department wAl—�R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: August 14, 2019 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: August 14, 2019 REPORT #: DSD -19-201 SUBJECT: B2019-056 — 1000 Victoria Street North Owner — 132450 Ontario Inc, 1324248 Ontario Inc. & Glenang Inc.. Approve with Conditions REPORT Planning Comments: The owner of the subject lands, is requesting consent for a lease in excess of 21 years for the Tim Horton's restaurant currently located on the subject site. The applicant has indicated that the lease will only apply to the restaurant building. No changes are proposed to the existing site layout at this time. Approval of the consent would permit the lease of the building to TDL Group for a period of time in excess of 21 years. The original lease was for a period of 20 years, and was executed in 1998, and is now proposed to be further extended. PHOTO: 1000 Victoria Street North (photo taken July 30, 2019) *** This information is availaUo formats upon request. *** Please call 519-741-2345 or TT'. 1-866-969-9994 for assistance. The subject lands are designated Commercial and are located in an Urban Corridor. The property is zoned Service Industrial Zone (M-3) in By-law 85-1 and COM -2 (108) in the By-law 2019-051. The existing use as a restaurant with a drive-through is permitted, and the existing building complies with zoning. Staff has observed that the overall site layout generally continues to comply with the approved site plan, however it appears that the barrier free spaces differ from the approved plan (despite complying with current by-law regulations), and the striping of the spaces along the carpet store has faded significantly. Prior to endorsement of the deed, staff recommend that the owner be required to apply for a minor change to the approved site plan to document the adjusted parking layout and to restripe the parking lot so that it conforms to the approved site plan. Staff also note that an easement is registered over adjacent lands to provide for the existing drive-through. As the lease is only proposed to apply to the building, staff is of the opinion that the terms of easement agreement are separate from the lease currently being considered. 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. 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 B2019-056 for consent for a lease in excess of 21 years in favour of The TDL Group, for the Tim Horton's restaurant at 1000 Victoria Street North, 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. 3. That the Owner shall restripe the parking lot to comply with the approved site plan to the satisfaction of the City's Manager of Development Review, prior to endorsement of the deed. Katie Anderl, MCI P, RPP Senior Planner Juliane von Westerholt, MCIP, RPP 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 U 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 August 7, 2019 Re: Comments for Consent Application B2019-055 through B2019-057 Committee of Adjustment Hearing August 20, 2019 CITY OF KITCHENER B2019-055 119 Waterloo Street Rajesh and Rupa Marwah The owner/applicant is proposing a lot severance to permit the construction of semi- detached dwellings. Regional Comments: Fee: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new lot. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-056 1000 Victoria Street North Dillon Consulting Limited The owner/applicant is proposing a lease greater than 21 years. Regional Staff has no objection to the application. Document Number: 3073055 Version: 1 B2019-057 45 and 47 Heiman Street 2645826 Ontario Inc. The owner/applicant is proposing a severance to allow for semi-detached dwellings. Regional Comments: Fee: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new 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 2019. Other: Regional staff advises there are no airport specific comments for the above applications. However, the owner/applicant is advised that these lands fall under the Region of Waterloo International Airport Zoning Regulated Area. The subject residents may be subject to presence and noise of flying aircraft. For any further information please contact Kevin Campbell @ 519-648-2256 x8511 Email: KCampbell(a)regionofwaterloo.ca Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 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, 4��_✓_ Matthew Colley Planner Document Number: 3073055 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West 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, CPT Resource Planning Technician Grand River Conservation Authority xThese 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