HomeMy WebLinkAboutDSD-2025-178 - A 2025-028 - 250 Riverbend Drive
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 15, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Sean Harrigan, Senior Planning Technician, 519-783-8934
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: April 4, 2025
REPORT NO.: DSD-2025-178
SUBJECT: Minor Variance Application A2025-028 250 Riverbend Drive
RECOMMENDATION:
That Minor Variance Application A2025-028 for 250 Riverbend Drive requesting relief
from Section 5.6, Table 5-5, of Zoning By-law 2019-051, to permit a minimum parking
requirement of 52 parking spaces (1 parking space per 57 square metres of gross
floor area) instead of the minimum required 90 parking spaces (1 parking space per
33 square metres of gross floor area), in accordance with Site Plan Application
SP24/066/R/SH, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review the requested minor variance to lower the
required minimum parking spaces for the existing and proposed buildings in
accordance with Site Plan Application SPA24/066/R/SH.
The key finding of this report is that staff are satisfied that the minor variance meets
the 4 tests in the Planning Act.
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
and this re
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the northeast side of Riverbend Drive, south of the
Grand River, and east of Highway 7. The property has approximately 350 metres of
frontage on Riverbend Drive and currently contains the Humane Society of Kitchener
Waterloo and Stratford Perth.
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Figure 1: Location Map (250 Riverbend Drive shown in Red)
Industrial Employment Areason
Map 2 Business Park Employment
on Map 3
General Business Park Employment Zone (EMP-5), with Site
Specific Provisions(78), (79) and (83)-1) in Zoning
By-law 2019-051. The proposed development, parking, and site alterations are contained
entirely within the lands zoned EMP-5 (78), (79), (83) Zone.
The purpose of the application is to review the requested minor variance to permit a
minimum of 52 parking spaces instead of the required 90 parking spaces to facilitate the
construction of a new building with 1,119 square metres of gross floor area located
approximately 31 metres northwest of the existing building, which is proposed to remain.
This new building is proposed to be used as additional space for existing employees and
operations and to help alleviate overcrowding within the animal shelter. The proposed
development cannot satisfy the requirement for a minimum of 90 parking spaces required
by Zoning By-law 2019-051 Section 5.6, Table 5-5 due to constraints with the NHC-1
zone, floodplain, and stormwater management concerns.
Figure 2: Site Plan
Figure 3: Proposed New Building Location
Figure 4: Existing Building
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The property is designated Business Park Employment
on Map 3 All existing and
proposed development, site alterations, and parking are contained within the lands
and do not impact the lands designated
As per Official Plan policy 15.D.6.34, new development or redevelopment will contribute to
a quality image of the Business Park Employment Area by incorporating quality building
and landscape designs and where possible, locate loading areas and large parking areas
at the side and rear of buildings. The parking for the existing and proposed building is
located along the side and rear of the proposed new building and as such, satisfies this
Official Plan policy.
As per Official Plan section 13.C.8, the general objectives for vehicle parking are to ensure
adequate parking standards are in place and to reduce parking space demand in support
of active transportation and transit. To this regard, staff are satisfied that the proposed
parking reduction is adequate for both the existing and proposed buildings for the Humane
Society given that the number of employees and daily operations are not expected to
change after the new building is complete. Furthermore, the proposed development
satisfies the minimum required Class A and B Bicycle Parking thereby supporting active
transportation. As such, staff are satisfied that the proposed variance will maintain the
general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the Zoning By-law with respect to minimum parking requirements are
to ensure there is adequate parking located on-site and to ensure no negative impacts to
adjacent properties or city streets due to parking demands. To this regard, the applicant
has provided parking date that confirms the average daily parking use is about 38 parking
spaces per day. The proposed new building is strictly for more space for existing services
and employees, and the Humane Society is not adding addition personnel to their
operations. As such, the parking demand is not expected to increase and staff are
satisfied that the proposed 52 parking spaces are adequate for the use of the property. It
eneral intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
As mentioned above, the average daily parking use of 38 parking spaces is well below the
proposed 52 parking spaces for the existing and proposed buildings. As such, staff are
satisfied that the effects of the proposed variance are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed new building and modifications to the existing parking area are considered
desirable for the appropriate development and use of the land as it will allow the Humane
Society to expand their operations and intensify the use of the property. Furthermore, the
reduced amount of required parking will allow for more landscaping and green spaces
which is generally desirable for the subject property. As such, staff are satisfied that the
proposed variance is desirable for the appropriate development of the land.
Grand River Conservation Authority Comments:
The GRCA has no objection to the proposed minor variance application.
Environmental Planning Comments:
Environmental and Tree Management concerns have been addressed via Site Plan
Application SP24/066/R/SH.
Heritage Planning Comments:
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and
prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS
serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 250
Riverbend Drive contains a portion of the Walter Bean Trail CHL. However, the proposed
development is limited to the paved area and is not anticipated to have any adverse
impacts on the CHL. Thus, staff have no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
Engineering has no concerns.
Parks and Cemeteries/Forestry Division Comments:
All Parks requirements will be addressed through Site Plan Application SP24/066/R/SH.
Transportation Planning Comments:
Transportation staff discussed the parking requirement with the applicant (DC&F Corp.) as
part of the Site Plan approval process. In January 2025, parking utilization data was provided
for the existing use and after reviewing the information, Transportation Services have no
2
concerns with the proposed 52 minimum parking spaces (1 space per 57 m of GFA) instead
2
of 90 minimum parking spaces (1 space per 33 m of GFA) as adequate parking will be
provided on-site.
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
Official Plan (2014)
Zoning By-law 2019-051
March 27, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting April 15, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 028 – 250 Riverbend Drive - No Concerns
2) A 2025 – 029 – 315 Wellington Street North – No Concerns
3) A 2025 – 030 – 63 General Drive – No Concerns
4) A 2025 – 031 – 26 Berwick Place – No Concerns
5) A 2025 – 032 – 217 Vanier Drive – No Concerns
6) A 2025 – 033 – 887 Frederick Street – No Concerns
7) A 2025 – 034 – 34 Hohner Avenue – No Concerns
8) A 2025 – 035 – 53 Rusholme Road – No Concerns
9) A 2025 – 036 – 15 Scenic Drive – No Concerns
10) A 2025 – 037 – 265 Breithaupt Street – No Concerns
11) A 2025 – 038 – 206 Shelley Drive – No Concerns
12) A 2025 – 039 – 195 Victoria Street North – No Concerns
13) A 2025 – 040 – 160 Charles Best Place – No Concerns
14) A 2025 – 041 – 249 West Oak Trail – No Concerns
15) A 2025 – 042 – 1100 Union Street – No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
Document Number: 4942954
thereof and may require payment of Regional Development Charges for these
developmentsprior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Joshua Beech Falshaw
Transportation Planner
jbeechfalshaw@regionofwaterloo.ca
Document Number: 4942954
March 31, 2025 via email
GRCA File: A2025-028 250 Riverbend Drive
Marilyn Mills
City of Kitchener
200 King Street West
Kitchener, ON N2G 4O7
Dear Marilyn Mills,
Re: Application for Minor Variance A 2025-028
250 Riverbend Drive, City of Kitchener
The Humane Society of Kitchener Waterloo & Stratford Perth
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted minor
variance application requesting reduced parking requirements.
Recommendation
The GRCA has no objection to the proposed minor variance application.
GRCA Comments
GRCA has reviewed this application under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement
(PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public
body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that the subject property contains
the Grand River, its associated floodplain and erosion hazard, and the regulated
allowance adjacent to these features.
Due to the presence of the above-noted features, most of the subject property is
regulated by the GRCA under Ontario Regulation 41/24 Prohibited Activities,
Exemptions and Permits Regulation. Any future development or other alteration within
the regulated area will require prior written approval from GRCA in the form of a permit
pursuant to Ontario Regulation 41/24.
It is understood that the proposed minor variance application requests reduced parking
requirements to facilitate a new building on the property. GRCA staff previously
reviewed the proposed development through the site plan approval process and the
development is outside of the regulated area noted above. As such, the GRCA has no
objection to the approval of this minor variance application.
We wish to acknowledge receipt of the applicable plan review fee associated with the
review of SP/24/066/R/SH. As such, a plan review fee for this application is not
required.
Should you have any questions, please contact me at 519-621-2763 ext. 2228 or
aherreman@grandriver.ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Enclosed: GRCA Mapping
Copy:The Humane Society of Kitchener Waterloo & Stratford Perth(via email)
DC & F Corp. (via email)
Author: ah
Date: Mar 31, 2025
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