HomeMy WebLinkAboutDSD-2025-161 - A 2025-041 - 249 West Oak Trail
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: Tim Seyler, Senior Planner, 519-783-8920
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: April 2, 2025
REPORT NO.: DSD-2025-161
SUBJECT: Minor Variance Application A2025-041 249 West Oak Trail
RECOMMENDATION:
That Minor Variance Application A2025-041 for 249 West Oak Trail requesting relief
from the following sections of Zoning By-law 85-1:
i) Section 6.1.1.2 d) to permit 18 parking spaces to have a width of 2.4 metres and
a length of 4.8 metres, instead of the minimum required width of 2.6 metres and
minimum required length of 5.5 metres; and
ii) Section 6.1.2 b) vi) B) to permit a visitor parking requirement of 17 spaces (10%
of the required parking) instead of the minimum visitor parking requirement of
35 spaces (20% of the required parking);
to facilitate the development of a multiple dwelling consisting of 172 dwelling units
in accordance with Site Plan Application SPF25/005/W/TS, dated March 4, 2025, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
construction of a multiple dwelling consisting of 172 dwelling units.
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
s website with the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
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BACKGROUND:
The subject property is located at the Northwest corner of West Oak Trail and Fischer
Hallman Roadand is currently vacant.
Figure 1: Location Map: 249 West Oak Trail
Community Node Urban Structure and is
and 22e Rosenberg Secondary
Land Use Plan 1994 Official Plan.
Medium Intensity Mixed Use Corridor Zone (MU-2with Special
Use Provision 435U, Special Regulation Provision 648R, and Holding Provision 70H, in
Zoning By-law 85-1.
The purpose of the application is to review a minor variance application to permit a 172
unit residential multiple dwelling. The applicant is proposing an 8 storey, 172 residential
unit building. The property is within Zoning By-law 85-1, and the applicant is requesting a
parking reduction which meets the regulations within Zoning By-law 2019-051. If the new
zoning was in effect, none of the variances would be required. Given the uncertainty of
when the secondary plans will be reviewed and brought within Zoning By-law 2019-051
the applicant would like to move forward with the development with parking requirements
that meet and comply with Zoning By-law 2019-051.
Figure 2: Conditionally Approved Site Plan 249 West Oak Trail
Figure 3: Current site conditions 249 West Oak Trail
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 subject lands are designated Mixed Use One and Mixed Use Two. Both the Mixed
Use One and Mixed Use Two designations are generally intended to provide
commercial uses as well as permitted multiple dwelling units to achieve a residential
density race generally between 100 to 400 units per hectare. Building heights are also
encouraged to be between 3 and 10 storeys and have appropriate massing and be
compatible with the adjacent land. The proposed development has been reviewed by staff
and are satisfied the proposed variances support an appropriate form of development.
Staff is of the opinion the that variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Parking
The intent of the minimum visitor parking regulations is to ensure that there is enough
visitor parking within the property for residents and their visitors. The reduction of parking
results in 17 less visitor parking spaces provided on site. However, the 10% of the
required parking rate is the preferred parking calculation in Zoning By-law 2019-051. Staff
are satisfied that the visitor parking provided will be sufficient for the development. Further,
the property has provided Class A and Class B bicycle parking rates, and future EV
parking rates that are required in 2019-051.
Parking space dimensions (Compact vehicle spaces)
The intent of the minimum parking dimension regulation is to ensure that parking spaces
can adequately accommodate a variety of vehicle sizes. Through the creation of Zoning
By-law 2019-051 it was recommended that the By-law be updated to include compact
vehicle spaces. New developments are permitted to have compact vehicle spaces where
10 or more parking spaces are required at a rate of 10% of the total parking spaces. The
proposal is providing 189 parking spaces, and the 18 requested compact spaces is below
the 10% that By-law 2019-051 permits.
Both parking variances meet the future Zoning By-law regulations that will be enforced at
the time of the By-law update for the property. Staff is of the opinion that the requested
variances meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variances are minor as the variances that are
requested are to support a new residential development. The proposed variances would not
be required if the property was within Zoning By-law 2019-051 and will not present any
significant impacts to adjacent properties or the overall streetscape and neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variances aredesirable and appropriate for the development and use of the
land as their approval will facilitate the construction of a new residential development within a
mixed-use neighbourhood.
Environmental Planning Comments:
No Natural Heritage concerns. There are no trees on this block, and any Tree
Management Plan compliance would be addressed by Urban Design as part of the Site
Plan Approval.
Heritage Planning Comments:
No heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
Engineering division has no comments.
Parks and Cemeteries/Forestry Division Comments:
All Parks requirements will be addressed through SPF25/004/W/TS.
Transportation Planning Comments:
As part of the Site Plan Approval process in February 2025, Transportation Services
supported the proposed visitor and compact car parking variances being sought.
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 (1994 and 2014)
Zoning By-law 85-1
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 28, 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 April15, 2025
Applications for Minor Variance
A 2025-013160 Grand River BoulevardA 2025-03615 Scenic Drive
A 2025-029315 Wellington Street NorthA 2025-037265 Breithaupt Street
A 2025-03063 General DriveA 2025-038206 Shelley Drive
A 2025-03126 Berwick PlaceA 2025-039195 Victoria Street North
A 2025-032217 Vanier DriveA 2025-040160 Charles Best Place
A 2025-033887 Frederick StreetA 2025-041249 West Oak Trail
A 2025-03434 Hohner AvenueA 2025-0421100 Union Street
A 2025-03553 Rusholme Road
Applicationsfor Consent
B 2025-009179Jansen AvenueB2025-012112 Kehl Street
B2025-01057 & 59 Iron Gate StreetB2025-0131100 Union Street
B 2025-011400 Westwood Drive
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