HomeMy WebLinkAboutDSD-2025-210 - B 2025-016 - 1950 Fischer Hallman Rd
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 20, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: May 7, 2025
REPORT NO.: DSD-2025-210
SUBJECT: Consent Application B2025-016 1950 Fischer Hallman Road
RECOMMENDATION:
That Consent Application B2025-016 for 1950 Fischer Hallman Road to facilitate a
Lease Agreement for an area of 1,457 square metres in excess of 21 years in favour
of , in accordance with the Site Plan Drawing, Attachment
submitted with Consent Application B2025-016, BE APPROVED, subject to the
following conditions:
1.
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
Submission Standards to the
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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Plan Agreement is to be amended to include any required revisions and/or
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 the consent review fee of $350 to the Regional
Municipality of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review and make recommendations with respect to the
Consent Application for a long-term lease agreement for 1950 Fischer Hallman Road.
The key finding of this report is that staff recommends that the application be
approved with conditions.
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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the southwestern area of the City at the southeastern
corner of the intersection of Fischer Hallman Road and Huron Road. The subject property
features several commercial buildings and the full build out of the property is currently
underway. The long-term lease application applies to the McDonalds restaurant on the
property.
Community Node Urban Structure and is
Mixed- on Map 22e Rosenberg Secondary Plan Land Use Plan in
2014 Official Plan.
Medium Intensity Mixed Use Corridor Zone (MU-2, 637R, 424U
Zoning By-law 85-1.
The purpose of the application is to facilitate a Lease Agreement in excess of 21 years in
. The leased area totals approximately 1,457 square
metres and consists of the restaurant building, drive-through stacking lanes, 7 parking
spaces, and some associated landscaped/walkway areas surrounding these lands.
The owner of located at 1950 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 Schlegel Urban Developments Corp for a
period exceeding 21 years in duration.
The building is existing and no new Gross Floor Area (GFA) is proposed.
Figure 1: View Of McDInterior Of Subject Property (Taken May 2, 2025)
Figure 2: View Of McDRoad (Taken May 2, 2025)
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 restaurant for a period greater
than 21 years, no lots are being created or lot lines being adjusted, and no physical changes
inion that no sections of the
PPS, Growth Plan 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 w
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
developme
adversely impact any policies of the Official Plan.
Zoning By-law 85-1
-law the use of the subject lands for a restaurant is a
permitted MU-Zone 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 property and no minor variances are required as a
result of the long-term lease.
Environmental Planning Comments:
No Environmental comments or concerns.
Heritage Planning Comments:
No concerns. The property is located adjacent to the Huron Road Cultural Heritage
Landscape (CHL), and to 1944 Fischer Hallman Road, which is listed as a non-designated
property of cultural heritage value or interest on the City's Municipal Heritage Register.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
As there is no lot being created Engineering has no concerns.
Parks/Operations Division Comments:
Long term lease. No new lot is created, and no parkland dedication is required.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
That the Owner/Developer submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
GRCA Comments:
GRCA has no objection to the approval of the above application. The subject property
does not contain any natural hazards such as watercourses, floodplains, shorelines,
wetlands, or valley slopes. The property is 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 85-1
ATTACHMENTS:
Attachment A Site Plan
ATTACHMENT A:
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
Will Towns, MCIP, RPP
519-616-1868
File: D20-20/25 KIT
May 5, 2025
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
CofA@kitchener.ca
Re: Comments on Consent Applications: B2025-014 to B2025-017
Committee of Adjustment Hearing, May 20, 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.
Document Number: 4971747 Version: 2 Page 1 of 8
File No: B2025-014
Address: 508 Fall Harvest Place
Description:Lot 27, Plan 58M-527
Owner: Mark Fackoury
Applicant: Tony Bocchino
The owner/applicant is seeking consent to add lands currently owned by the Grand
River Conservation Authority to a residential lotlocatedat 508 Fall Harvest Place. The
application proposesto sever 180.2 square metres from Part 3, 58R-7207 and add
these lands to 508 Fall Harvest Place.
Regional staff have reviewed the application and have the following comments to
provide:
Environmental Threats: For City staff’s awareness, the Threat Inventory Database
(TID) identifies no threats on or adjacent to 508 Fall Harvest Place.
Regional Fees: Regional staff acknowledge receipt of the required $350 feesfor review
of a consent application (received May 1, 2025). No additional fees are required.
Regional staff have no objection to this application.
Document Number: 4971747 Version: 2 Page 2 of 8
File No: B2025-015
Address: 512 Fall Harvest Place
Description: Lot 26, Plan 58M-527
Owner: Deer Ridge Heights Inc.
Applicant: Tony Bocchino
The owner/applicant is seeking consent to add lands currently owned by the Grand
River Conservation Authority to a residential lot at 512 Fall Harvest Place. The
application seeks to sever 342.5 square metres Part 3, 58R-7207 and add these lands
to 512 Fall Harvest Place.
Regional staff have reviewed the application and have the following comments to
provide:
Environmental Threats: For City staff’s awareness, the Threat Inventory Database
(TID) identifies no threats on or adjacent to 512 Fall Harvest Place.
Regional Fees: Regional staff acknowledge receipt of the required $350 fees for review
of a consent application (received May 1, 2025). No additional fees are required.
Regional staff have no objection to this application.
Document Number: 4971747 Version: 2 Page 3 of 8
File No: B2025-016
Address: 1950 Fischer Hallman Road
Description: Part Lots 158 and 159 German Company Tract
Owner: Schlegel Urban Developments Corp.
Applicant: GSP Group (c/o Richard Kelly-Ruetz)
The owner/applicant has applied for a consent to facilitate a long-term lease in excess
of 21 years in favour of a McDonald’s on the subject lands (as previously reviewed by
Regionalstaff through site plan application SP23/024/F/CD). The proposed lease area
is approximately 1,457.1 square metres and consists of the restaurant building, stacked
drive-through lanes, seven parking spaces, and associated landscaping and walkway
areas.
Regional staff have reviewed the application and have the following comments to
provide:
Threats Inventory Database: For City staff’s awareness, the Threat Inventory
Database (TID) identifies no threats on or adjacent to 1950 Fischer Hallman Road.
Regional Consent Review Fee: Regional staff have not received the fee for consent
review of $350 per application. The fee payment is requested as a condition of
approval.
Regional staff have no objection to B2025-016 subject to the following condition:
1. That the Owner/Developer submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
Document Number: 4971747 Version: 2 Page 4 of 8
File No: B2025-017
Address: 864 King Street West
Description: XLT 306, 319-320 PL 385 KITCHENER; PT LT 304-305, 312 PL 385
KITCHENER AS IN1309823, SAVE & EXCEPT PTS 1 & 2 ON EX PL
WR838553 & PTS 1, 6 & 7, 58R18537;T/W & S/T 725378; T/W 694748
Owners: Vive Development Corp.
Applicant: Craig Dumart
The owner/applicant is seeking consent to sever lands at 864 King Street West to
create a new parcel totalling 3,045.1 square metres to facilitate the development of the
lands in two phases with a 45-storey residential development inclusive of 304 residential
units. The retained parcel is proposed to be 3,259.6 square metres. A blanket easement
is also proposed that would apply to both properties for access and servicing. Regional
staff provided pre-submission consultation comments on this proposal on March 4,
2025.
Source Water Protection: The property is located within an area subject to Part IVof
the Clean Water Act. Regional staff note that the applicant negotiated a provisional Risk
Management Plan with the Risk Management Official (rmo@regionofwaterloo.ca) in fall
2024 applicable to previous zoning by-law amendment application ZBA24/022/K/ES;
staff also understand that a final Risk Management Plan is currently being negotiated
with the applicant in association with an in-progress site plan application. A valid
Section 59 Notice for site plan has not yet been issued.
Notwithstanding the above and consistent with pre-consultation comments, issuance of
a valid Notice of Source Protection Plan Compliance (Section 59 Notice) is required for
this consent application (to be required as a condition) separate from the Risk
Management Plan process for site plan. The applicant is asked to contact the Risk
Management Official to obtain the Notice for this consent application.
Environmental Noise: The Region is in receipt of a noise study related to the proposed
development on these lands entitled “Noise Feasibility Study, Proposed Residential
Development, 864-872 King Street West, Kitchener, Regional Municipality of Waterloo,
ON” (prepared by HGC Engineering, dated July 24, 2024). Regional staff have reviewed
the study in relation to the Regional road noise source (King Street West) and have no
concerns with the study or its recommendations (which pertain only to the retained
lands). Regional staff request that the owner/developer enter into a registered
agreement with the Region to implement the study’s recommendations. Specifically, the
following will be required for inclusion in the agreement:
- The provision of central air conditioning for all units.
- Noise warning clauses included in any agreements of Offers of Purchase and
Sale, lease/rental agreements and condominium declarations:
East, west, and south facades:
Type B:
Document Number: 4971747 Version: 2 Page 5 of 8
Purchasers/tenants are advised that despite the inclusion of noise control
features in the development and within the building units, sound levels due to
increasing road traffic (King Street West) may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the sound level
limits of the Municipality and the Ministry of the Environment, Conservation and
Parks.
Type C:
This dwelling unit has been designed with the provision for adding central air
conditioning at the occupant’s discretion. Installation of central air conditioning by
the occupant in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks.
Regional staffalsonote that an update to the noise study will be required in association
with a future Planning Act application pertaining to the proposed Phase 2 of the
development(to be located on the severed lands).
Environmental Threats: For the City’s awareness, the Regional Threats Inventory
Databaseidentifies“high”threats identified in the Regional Threats Inventory Database
for the subject lands(associated with past operations of Electrohome Ltd. and CTV
Television Inc.),as well as records of anhistorical landfill on and adjacent to the subject
lands.This information was also provided to the applicant in Regional comments
associated with ZBA24/022/K/ES on September 13, 2024.
Document Number: 4971747Version: 2Page 6of 8
Regional Consent Review Fee: Regional staff have not received the fee for consent
application review of $350 as per Regional By-law 24-052. The fee payment is
requested as a condition of consent approval.
Regional staff have no objection to Consent File B2025-016 subject to the
following conditions:
1. That the Owner/Developer provide a valid Notice of Source Protection
Plan Compliance (Section 59 Notice) to the satisfaction of the Regional
Municipality of Waterloo.
2. That for the retained lands, the Owner/Developer enter into a registered
development agreement with the Regional Municipality of Waterloo to
implement the environmental noise recommendations specific to noise
impacts from King Street West (Regional Road No. 8) identified in the
noise study report entitled “Noise Feasibility Study, Proposed Residential
Development, 864-872 King Street West, Kitchener, Regional Municipality
of Waterloo, ON” (prepared by HGC Engineering, dated July 24, 2024).
For the severed lands, the agreement shall also specify that an update to
the noise study assessing noise impacts associated with King Street West
shall be completed prior to site plan approval of any future development
on these lands.
3. That the Owner/Developer submit the consent review fee of $350 per
application to the Regional Municipality of Waterloo.
Document Number: 4971747 Version: 2 Page 7 of 8
General Comments:
If any other applications are required to facilitate the application additional fees and/or
requirements may apply. Any submission requirements may be subject to peer review,
at the owner/applicant’s expense as per By-law 24-052.
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.
Thank you,
Will Towns, MCIP RPP
Senior Planner
Regional Growth, Development and Sustainability Services
Regional Municipality of Waterloo
Document Number: 4971747 Version: 2 Page 8 of 8
May 5, 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 May 20, 2025
Applications for Minor Variance
A 2025-0212880 King Street EastA 2025-04942 Orchard Mill Crescent
A 2025-04382 Brunswick AvenueA 2025-050244 Samuel Street
A 2025-04484 Brunswick AvenueA 2025-051503 Victoria Street North
A 2025-045191 Morgan AvenueA 2025-052573 Guelph Street
A 2025-046241 Huck CrescentA 2025-053575 Guelph Street
A 2025-04714 Jansen AvenueA 2025-054864 King Street West
A 2025-04824 Amherst Drive
Applicationsfor Consent
B 2025-0161950 Fischer Hallman Road
B 2025-017864 King Street West
Grand River Conservation Authority (GRCA) staffhavereviewed 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
CƩƚƒʹ LANDUSEPLANNING <LandUsePlanning@HydroOne.com>
{ĻƓƷʹ Monday, May 12, 2025 2:57 PM
ƚʹ Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
{ǒĬƆĻĭƷʹ KITCHENER - 1950 Fischer Hallman Rd - B2025-016
Hello,
We are in receipt of your Application for Consent, B2025-016 dated 2025-04-11. We have
reviewed the documents concerning the noted Plan and have no comments or concerns at
Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage D
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)
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,
Land Use Planning Department
Hydro One Networks Inc.
Email: LandUsePlanning@HydroOne.com