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Home My WebLink AboutDSD-20-159 - B 2020-026 - 225 Fairway Rd SStaff Report Development Services Department 1 :.x www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext.7987 WARD: #3 DATE OF REPORT: September 9, 2020 REPORT #: DSD -20-159 SUBJECT: B2020-026 — 225 Fairway Road South Owner — CF/Realty Holdings Inc. Approve with Conditions PHOTO: 225 Fairway Road South (photo taken June 10, 2020) Planning Comments: The owner of the subject lands is requesting consent for a lease in excess of 21 years for a Chick- fil-A restaurant, which has received Site Plan Approval. The applicant has requested that the lease apply to the entire area shown on the Site Plan as being associated with the development. As shown on the image below this includes but is not limited to buildings, drive-thru, parking areas, sidewalks and patio. Approval of the consent would permit the lease to CHICK-FIL-A-CANADA ULC for a period of time in excess of 21 years and would not have any negative impacts on the remainder of the commercial plaza. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. W II s.� r ' 7,4 iii i sR c�A: Mg PROPOSCQ u' RES7AURAN7 16 Asphal; ItDdva Iorc Limit of Lease JAC L------ - ITP J 4 FiiEC �.I s It 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, 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: As this property is still considered one property, Engineering has no concerns. All on-site works will be reviewed and approved through the site plan process. RECOMMENDATION That application B2020-026 for consent for a lease in excess of 21 years in favour of CHICK-FIL-A-CANADA ULC, for a restaurant at 225 Fairway Road South, be approved, subject to the following conditions: 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 must 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 receives approval of the draft reference plan (as required by the City Clerk), from the City's Director of Planning. Katie Anderl, MCIP, RPP Senior Planner 944"I'l- 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 Bth Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT October 9, 2020 Re: Comments for Consent Application B2020-026 Committee of Adjustment Hearing October 20, 2020 CITY OF KITCHENER B2020-026 225 Fairway Road South Cadillac Fairview The owner/applicant is proposing to permit a commercial lease for the future Chick-Fil-A at the northwest corner of the subject property for longer than a 21 -year period. The development is subject to Site Plan Application SP 19/047/F/KA. Environmental Site Assessment: The subject lands are identified as a High and Medium Threat in the Region's Threats Inventory Database. The threat indicators are associated with the former commercial/industrial uses on the property (newspaper/printing building). In accordance with the Region's Implementation Guideline For The Review of Development Applications On Or Adjacent To Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is required prior to the approval of a consent application for a lease in excess of 21 years where lands have been identified as a high or medium potential threat of contamination Regional Staff have reviewed environmental documents prepared for the proposed Chick Fil-A location. The assessment investigated the use of the site as the former Waterloo Record building and conducted ground -penetrating radar to confirm the locations of former underground tanks. Following a review of the proposal and additional documentation provided, Regional Staff have no further concerns related to site contamination. Regional Staff have no objection to the subject application. Document Number: 3420229 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, I Moe r_� Matthew Colley, MCIP, RPP Planner Document Number: 3420229 Version: 1 Staff Report Development Services Department 1 :.x www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext.7987 WARD: #3 DATE OF REPORT: September 9, 2020 REPORT #: DSD -20-138 SUBJECT: B2020-026 — 225 Fairway Road South Owner — CF/Realty Holdings Inc. DEFER PHOTO: 225 Fairway Road South (photo taken June 10 , 2020) Planning Comments: The owner of the subject lands is requesting consent for a lease in excess of 21 years for a Chick- fil-A restaurant, which has received Site Plan Approval. The applicant has requested that the lease apply to the entire area shown on the Site Plan as being associated with the development. As shown on the image below this includes but is not limited to buildings, drive-thru, parking areas, sidewalks and patio. *** This information is available in accessible formats upon request. *** Please call 519-741-23aF or TTY 1-856-969-9994 for assistance. • 7,4 zrao PROPOSED u RCSTAURANT 486 12 SG}A �� C�HC'nET It Drive (or L a•ayl f17q� .'I IS °. [Limit of Lease nllldgasJ[ Asphal; Regional btatt Mas requested deferral of the subject application for 11b F -airway Road South to allow Regional Staff to review any associated environmental documents to determine whether a Record of Site Condition is warranted to assess potential contamination issues on the subject lands. Regional correspondence is attached. RECOMMENDATION That application B2020-026 for consent for a lease in excess of 21 years in favour of CHICK-FIL-A-CANADA ULC, for a restaurant at 225 Fairway Road South, be deferred. Katie Anderl, MCI P, RPP Senior Planner Juliane von Westerholt, MCIP, RPP 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 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT September 8 2020 Re: Comments for Consent Application B2020-026 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-026 225 Fairway Road South Cadillac Fairview The owner/applicant is proposing to permit a commercial lease for the future Chick-Fil-A at the northwest corner of the subject property for longer than a 21 -year period. The development is subject to Site Plan Application SP 19/047/F/KA. Environmental Site Assessment: The subject lands are identified as a High and Medium Threat in the Region's Threats Inventory Database. The threat indicators are associated with the former commercial/industrial uses on the property (newspaper/printing building). Regional Staff acknowledge that the Environmental Screening Questionnaire submitted with the subject application did not indicate the current or previous land uses or whether any environmental documents (i.e. Phase I or Phase II Environmental Site Assessment) have been prepared or issued for the property. Regional Staff request clarification on this matter and if any studies have been completed that these studies be provided to the Region for review to determine whether there is a potential issue for site contamination. Regional Staff request deferral of the subject application for 225 Fairway Road South to allow Regional Staff to review any associated environmental documents to determine whether a Record of Site Condition is warranted to assess potential contamination issues on the subject lands. Regional staff recommend deferral of the subject 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 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, 1'4- - Matthew Colley, Planner September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River