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HomeMy WebLinkAboutDSD-2022-034 - B 2022-002 - 670 Fairway Road South Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 18, 2022 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: January 7, 2022 REPORT NO.: DSD-2022-034 SUBJECT: Consent Application B2022-002 670 Fairway Road South Owner Mona Terra Holdings Corporation Applicant- David Igelman- Design Plan Services Inc. RECOMMENDATION: That application B2022-002 for consent for a lease in excess of 21 years in favour of REDBERRY CROWN RESTAUARANTS LP, for a restaurant and drive-thru at 670 Fairway Road South, be approved, subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that 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 3. That the Owner receives approval of the draft reference plan (as required by the City Clerk) 4. That the the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor if required. 5. That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 6. That prior to final approval, the owner/applicant must submit a valid section 59 notice to the satisfaction of the Region of Waterloo. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The application is requesting to enter into a lease exceeding 21 years for a restaurant. The building is existing and no new Gross Floor Area (GFA) is proposed. Location Map: 670 Fairway Road South REPORT: BACKGROUND: The property is designated as Commercial an Urban Corridor Map. The property is zoned as Commercial Campus Zone (C-8) with special regulation provision 297R in Zoning By-law 85-1. The building at 670 Fairway Road South received an occupancy certificate for Tim Hortons restaurant in 1991. The owner has recently changed the tenant to a Burger King restaurant within the existing building. Planning Comments: The owner of the subject lands is requesting consent for a lease in excess of 21 years for a Burger King restaurant. The applicant has requested that the lease apply to the area shown on the draft reference plan submitted with the application. As shown on the image below this includes but is not limited to the building, drive-thru, parking areas, and walkaways. Approval of the consent would permit the lease to REDBERRY CROWN RESTAUARANTS LP for a period of time in excess of 21 years and would not have any negative impacts on the remainder of the commercial plaza. 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 tor the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that the application be approved, subject to conditions. Draft Reference Plan View of Existing Restaurant Building (December 21, 2021) Building Comments: The Building Division has no objections to the proposed consent. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: No Environmental Planning concerns. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: As no lands are being severed Engineering has no requirements. Parks /Operations Comments: No concerns or requirements. Parkland Dedication will be deferred. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Peter Ellis 519-503-2536 D20-20/22 KIT January 7, 2022 Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2022-001, B2022-002, B2022- 003, and B2022-004 to B2022-006 Committee of Adjustment Hearing January 18, 2022 CITY OF KITCHENER B2022-001 26 Edgewood Drive A & F Greenfield Homes Ltd. The owner/applicant is proposing to sever the existing lot into two parcels for a newly constructed semi-detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. 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. Document Number: 3912612 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. _____________________ B2022-002 670 Fairway Road South Mona Terra Holdings Corp / Design Plan Services Inc (c/o David Igelman) The owner/applicant is proposing to identify the existing building and parking area around the building for a lease beyond 21 years. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. 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. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. ___________________ B2022-003 74 Rutherford Drive Mirjana and Pero Perencevic / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the lot into two parcels. Staff note that this application appears to be a resubmission of consent application B2021-054 from October 2021. Document Number: 3912612 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take-off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. __________________ B2022-004, B2022-005, and B2022-006 32 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing to sever the existing lot into 4 parcels for the creation of two semi-detached dwellings (4 units). Staff note that this is a resubmission of consent applications B2020-007, B2020-008, and B2020-009 (February 2020). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 for each consent application ($350.00 x 3 applications = $1,050.00) prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Document Number: 3912612 Archaeological Assessment (Advisory Comments): Regional Staff advise that the subject property possesses the potential for the recovery of archaeological resources. For this reason, the owner/applicant should be made aware that: If archaeological resources are discovered during the development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Tourism, Sport and Culture industries. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or; If human remains/or a grave site is discovered during development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Airport Zoning (Advisory Comments): Regional Staff advise that the subject lands are located within airport zoning regulated area and specifically under the runway take-off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact: Kevin B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca 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 for each consent application. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. _______________ Document Number: 3912612 General Comments Any future development on the lands subject to the above-noted consent application 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, Peter Ellis, MES Principal Planner Document Number: 3912612 January 6, 2022 Sarah Goldrup Via email Committee Administrator City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: Committee of Adjustment Meeting – January 18, 2022 ______________________________________________________________________ Applications for Minor Variance A 2022-001 85 Green Valley Drive A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place A 2022-003 53 Margaret Avenue A 2022-004 470 Blair Creek Drive A 2022-005 86 Chestnut Street A 2022-006 49 Lower Mercer Street A 2022-008 210 Waterloo Street A 2022-010 129 Max Becker Drive A 2022-011 43 Maurice Street Applications for Consent B 2022-001 26 Edgewood Drive B 2022-002 670 Fairway Road South B 2022-003 74 Rutherford Drive B 2022-004 to 006 32 Burgetz Avenue 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 at jconroy@grandriver.ca or 519-621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. 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.