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Home My WebLink AboutDSD-20-052 - B 2020-010 - 123 Pioneer DrStaff Report vex Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 4 DATE OF REPORT: March 9, 2020 REPORT NUMBER: DSD -20-052 SUBJECT: Application B2020-010 123 Pioneer Drive Recommendation: Approve 't Ariel Photograph: 123 Pioneer Road Report: The lands are designated as Commercial and located within a Community Node. The property is zoned as Community Shopping Centre Zone (C-3) in Zoning By-law 85-1 and zoned as General Commercial (COM -2) with Site Specific Provision 24 in Zoning By-law 2019-051. This specific building is part of a comprehensively planned development and is currently used as "Tim Hortons" restaurant. A site visit was conducted on March 5, 2020. This application requests permission to enter into a lease agreement for the building and drive through. Staff Report KN x Development Services Department wwwkitchener.ca Under section 50.(3) of the Planning Act no person shall "enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more unless ... (f) a consent is given to convey, mortgage or charge the land, or grant, assign or exercise a power of appointment in respect of the land or enter into an agreement in respect of the land". Staff is of the opinion that the requested consent would not have any negative impacts and support the proposed lease. Further, staff is of the opinion that the proposed lease in excess of 21 years is consistent with the policy statements issued under subsection 3(1) of the Planning Act, does not conflict with any applicable provincial plans, and conforms to the City's Official Plan. The approved zoning permits the proposed restaurant use. Based on the foregoing, Planning staff recommends that the application requesting a lease agreement in excess of 21 years the building and drive through be approved. Building Comments: The Building Division has no objections to the proposed application. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage comments or concerns. Engineering Comments: Engineering has no comments regarding the application. Operations Comments: Park land dedication will not be required on the severed parcel, as no new development lot will be created as a result of the severance. Environmental Planning Comments: No environmental comments or concerns. RECOMMENDATION: That application B2020-010 requesting consent to enter into a lease agreement for a period of 21 years or more for the building and drive through, be approved. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner N* Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 *Z11PPUa1Z [17 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-5754400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT March 5, 2020 Re: Comments for Consent Application B2020-010 through B2020-019 Committee of Adjustment Hearing March 17, 2020 CITY OF KITCHENER 123 Pioneer Drive CP Reit Ontario Properties Limited The owner/applicant is proposing a lease greater than 21 years for the existing Tim Hortons location and associated parking on the subject lands. Regional Staff has no objection to the proposed application. B2020-011 98 Strange Street Mohammad Abdullah c/o JEC Properties Inc. The owner/applicant is proposing a severance to split the existing lot to facilitate the development of a semi-detached building. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Noise: Regional Staff acknowledge that the subject development is within 300 metres of a rail line owned by Canadian National Railway. The owner/applicant is required to enter into an agreement with the City of Kitchener to register the following noise warning clause on title for the dwellings on the proposed severed and retained lands: Document Number: 3241892 Version: 1 "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to register the following noise warning clause on title for the dwellings on the proposed severed and retained lands: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." B2020-012 to B2020-019 Valencia Avenue Activa Holdings Inc. The owner/applicant is requesting to create rear yard access easements for the street fronting townhouse blocks fronting onto Valencia Avenue. These properties are within Stage of the Huron Village Subdivision (File No. 30T-01201). Regional Staff has no objection to the proposed application. Document Number: 3241892 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: 3241892 Version: 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue 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, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority.