HomeMy WebLinkAboutDSD-2025-043 - B 2025-002 - 685 Fischer Hallman Road
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Arwa Alzoor, Planner, 519-783-8903
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: January 24, 2025
REPORT NO.: DSD-2025-043
SUBJECT: Consent Application B2025-002 - 685 Fischer Hallman Road
RECOMMENDATION:
That Consent Application B2025-002 for 685 Fischer Hallman Road to facilitate a
Lease Agreement in excess of 21 years in favour of , for an
existing restaurant with a drive-through, BE APPROVED, subject to the following
conditions:
1. associated
fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and
City Solicitor, if required.
2. 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(ies) to the
3. That the owner provides 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 size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
4. That the Owner verify, in writing, whether the Lease Agreement, is affected by any
required or existing easements and/or restricted covenants, to confirm the
necessary arrangements for servicing, shared parking and access are in place.
5. That the Owner verify, in writing, that the subject property has been developed in
accordance with the Approved Site Plan Agreement, and if necessary, the Site
Plan Agreement is to be amended to include any required revisions and/or
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
updates.
6.That the Owner verify, in writing, that the Lease Agreement complies with and
fulfils all pertinent provisions of the Ontario Planning Act.
7. That the Owner/Developer submit a copy of the signed mutual access agreement
for both severed and retained parcels to the satisfaction of the Regional
Municipality of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application requesting consent to enter into a
long-term lease exceeding 21 years for a restaurant and drive-through located on the
lands addressed as 685 Fischer Hallman Road. The building is existing, and no new
development is proposed.
The key finding of this report is that the long-term lease be approved as it will not
impact or restrict the existing and ultimate development of the subject lands
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located within a commercial plaza at the southwest corner of
Fisher Hallman Road and Ottawa Street South.
The subject property is identified as a City Node Urban Structure and is
on Map 3
-2) with Site-Specific Provision (35) in
Zoning By-law 2019-051.
Figure 1: Location Map
Figure 2: Zoning Map
The purpose of the applicationis to request alease agreement apply to the area shown in
the red-highlighted area lease sketch, shown inFigure 3below, submitted with the
application. This area is 706.4B-
through.
The owner of a commercial plaza located at 685 Fischer-Hallman Road is requesting
consent, as per Section 50 (3) of the Ontario Planning Act, to permit the execution of a long-
term lease (agreement) with for a period exceeding 21 years in
duration. The building is existing, and no new Gross Floor Area (GFA) is proposed.
Site Plan Application SP01/06/FGR to permit the development of the commercial plaza,
having 4 buildings and 209 parking spaces, was approved, and a Section 41 Agreement
was registered on July 11, 2002. The site has been fully developed and, according to City
records, there are no outstanding site matters to address. The site was planned and
developed comprehensively as a plaza complex with all the buildings utilizing and sharing
the parking areas, walkways, and two approved accesses for the site via Ottawa Street
South and Fischer Hallman Road.
Application B2023-020 and B2023-034 are two previously approved long-term lease
applications for the subject property for Buildings A and D, which were approved by the
Committee of Adjustment.
Figure 3: Site plan- Wendy's Restaurant and Drive-through
Figure 4:
st
Planning staff visited the site on January 31, 2025
Figure 5: Picture of the restaurant Drive-through
Figure 6: Picture from the side of the drive-through and the abutting lot access
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Planning Statement (PPS 2024)
Regional Official Plan (ROP):
As the proposal is to facilitate a long-term lease of existing Building for a period greater
than 21 years, no lots are being created or lot lines being adjusted, and no physical changes
opinion that no sections of the
PPS or Regional Official Plan are specifically relevant, and that the application would
conform to these plans and policies.
With respect to the Official Plan, no new parcels will be created through this application. The
consent will not frustrate the planned function or ability of the site to operate (with shared
access and parking) or appear to impede the outcome of any future planning processes.
The use of property is in conformity with the
In considering that the intent of the proposal is to facilitate an administrative consent required
by the Planning Act and that no changes are proposed to the existing, permitted commercial
development on th
adversely impact any policies of the Official Plan.
Zoning By-law 2019-051
-law the use of the subject lands for a commercial is a
permitted use COM-2, and the site as developed comprehensively complies
with the Zoning By-law with respect to setbacks and parking. The long-term lease would not
negatively impact the remainder of the commercial plaza, and no minor variances are
required as a result of the long-term lease.
Planning Conclusions/Comments:
The long-term lease will not impact or restrict the existing and ultimate development of the
subject lands and is considered to be appropriate and in accordance with the policies of the
Official Plan and the criteria set out in Section 51 (24) of the Planning Act.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
The lands are designated Built-Up Area within the Urban Area Boundary in the ROP,
The subject lands are located at the corner of Ottawa St S (RR#4) and Fischer-Hallman
Rd (RR#58), with access to both Regional Roads. To allow for the continued use of the
existing access(es), a copy of a signed mutual access agreement for both the severed and
retained parcels is required by the Region as a condition of approval.
Grand River Conservation Authority Comments:
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties
do not contain any natural hazards such as watercourses, floodplains, shorelines,
wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and,
therefore, a permission from GRCA is not required.
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
of the 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
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
th
150 Frederick Street, 8floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Erica Ali
W. Phone: 226-751-3388
File: D20-20/25 KIT
January 31, 2025
VIA EMAIL
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Re: Comments on Consent Applications: B2025-002 to B2025-004
Committee of Adjustment Hearing February 18, 2025
City of Kitchener
Please accept the following comments for the above-noted Consent applications to be
considered at the upcoming Committee of Adjustment Hearing.
AM File No: B 2025-002
Address: 685 Fischer-Hallman Rd
Location: TRACT GERMAN COMPANY PT LOT 47 RP 58R13851 PT 1
Owner: 1465762 Ontario Ltd c/o Sharon Shaw (Kingsley Property Management)
Applicant: CTS Planning & Land Development c/o Chris Stoyanovich
Owner/applicant is seeking consent to sever part of parcel to register lease over 21
years for landslocated at the corner of regional roads, Ottawa St S and Fischer
Hallman. This amends the existing lease between the tenant (PPFWEN Restaurant
Inc) and the property owner (1465762 Ontario Ltd). The consent is for an irregular
shaped part of land with restaurant/ drive-thru (706.4 sqm) within the commercial
shopping plaza (15, 226 sqm). There is no proposed change to land use or site
alteration.
The lands are designated Built-Up Area within the Urban Area Boundary in the ROP,
designated Commercial in the City’s Official Plan, and zoned COM 2(35)
“Neighbourhood Shopping Centre”.
Regional Road Access
The subject lands are located at the corner of Ottawa St S (RR#4) and Fischer-Hallman
Rd (RR#58), with access to both Regional Roads.To allow for the continued use of the
existing access(es), acopy of a signed mutual access agreement for both the severed
and retained parcels isrequired by the Region as condition ofapproval.
Threats Inventory Database
The following information is provideduntil
such time as access to the Threat Inventory
Database (TID) has been transferred to the
Area Municipality.
On review of the Threat Inventory Database,
there are no records associated with the
subject lands, and one record associated with
the adjacent property at 1425 Ottawa St S,
identifying a high-levelthreat (Kitchener-
Wilmot Hydro Inc -Electrical Utility Site).
In summary, Regional Staff has no objectionto this application subject to the
following condition(s):
1.That the Owner/Developersubmit a copy of the signed mutual access agreement
for both severed and retained parcels to the satisfaction of the Regional
Municipality of Waterloo.
AM File No: B2025-003
Address: 180 Ahrens St W
Description: PLAN 75 PT LOT 1 PT LOT 2
Owner: David Craig Dumart
Applicant: David Craig Dumart
Owner/applicant proposes consent to sever to create new residential lot; being severed
lot - 318 sqm area with 14.8m frontage on Wilhem St; and retained lot – 372 sqm area
with 13.7m frontage on Ahren St W and 24m frontage on Wilhem St. The application
states existing lot is vacant (partially completed foundation with building permit),
proposes future single detached dwelling on each lot.. The lands are designated Built-
up Area within the Urban Area boundary in the ROP, designated Low Rise Residential
in the City Official Plan, and zoned RES-4.
Threats Inventory Database
The following information is provided in the interim, until such time as access to the
Threat Inventory Database (TID) has been transferred to the Area Municipality. On
review of the Threat Inventory Database, there are no records associated with the
subject lands or adjacent lands.
Regional Fees
Regional staff have not received the fee for consent review of $350 per application. The
payment of fee will be required as a condition of approval.
In summary, Regional Staff has no objection to this application subject to the
following condition(s):
1. That the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
AM File No: B2025-004 (lot creation); B2025-005 (easement)
Address: 86 Florence Ave
Description: PLAN 308 LOT 110 PT LOT 109 PT LOT 111 PT LOT 116
Owner: Knezevic Mirko
Applicant: Bobicon Ltd C/O Boban Jokanovic
Owner/applicant proposes consent to sever for new lot creation and access easement.
Severed lot is proposed 582.59sqm area with 9.91m frontage; retained lot is 512.73
sqm area with 10.52m frontage; and easement is 70.71sqm area, with 48.77m depth
and 1.45m width. Redevelopment is proposed for a single detached dwelling with 4
units on each lot. Access easement is proposed for shared drive to access rear parking
located on both lots. The lands are designated Built-up Area within the Urban Area
boundary in the ROP, designated Low Rise Residential in the City Official Plan, and
zoned RES-4.
Threats Inventory Database
The following information is provided in the interim, until such time as access to the
Threat Inventory Database (TID) has been transferred to the Area Municipality. On
review of the Threat Inventory Database, there are no records associated with the
subject lands or adjacent lands.
Regional Fees
Regional staff have not received the fee for consent review of $350 per application. The
payment of fee will be required as a condition of approval.
In summary, Regional Staff has no objection to this application subject to the
following condition(s):
1. That the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
General Comments
Any submission requirements may be subject to peer review, at the owner/
Owner/Developer’s expense as per By-law 23-062. If any other applications are
required to facilitate the application, note that fees are subject to change and additional
requirements may apply.
Any future development on the lands subject to the above-noted consent applications
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Prior to final approval, City staff must be in receipt of the above-
noted Regional condition clearances.
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.
Thank you,
Erica Ali RPP
Planner, Regional Growth, Development and Sustainability Services
Regional Municipality of Waterloo
January 31, 2025via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting February 18, 2025
Applications for Minor Variance
A 2025-00619 Carlin Avenue
A 2025-007864 King Street West
A 2025-0081035 Ottawa Street North
A 2025-009775 Queen Street South
A2025-010180 Ahrens Street West
A 2025-01186 Florence Avenue
A 2025-01286 Florence Avenue
Applicationsfor Consent
B 2025-002685 Fischer Hallman Road
B 2025-003180 Ahrens Street West
B 2025-00486 Florence Avenue
B 2025-00586 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:LANDUSEPLANNING
To:Committee of Adjustment (SM)
Subject:Kitchener - 685 Fischer Hallman Road - B 2025-002
Date:Thursday, January 30, 2025 1:49:19 PM
Hello,
We are in receipt of your Application for Consent, B 2025-002 dated 2025-01-23. We have reviewed the documents
concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues
affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities’ the Owner/Applicant should consult their local area
Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision
group at subdivision@Hydroone.com or 1-866-272-3330.
To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com)
Please select “Search” and locate the address in question by entering the address or by zooming in and out of the map.
If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail
CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre
If you have any questions please feel free to contact myself.
Thank you,
Dennis De Rango
Specialized Services Team Lead,
Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis.DeRango@HydroOne.com