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HomeMy WebLinkAboutDSD-2025-474 - A 2025-117 - 2922 King Street East Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 9, 2025 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: November 20, 2025 REPORT NO.: DSD-2025-474 SUBJECT: Minor Variance Application A2025-117 2922 King Street East RECOMMENDATION: That Minor Variance Application A2025-117 for 2922 King Street East requesting relief from Section 5.6 a), Table 5-5, of Zoning By-law 2019-51 to permit a parking requirement of 17 parking spaces (one parking space per 26.8 m2 of Gross Floor Area (GFA)) instead of the minimum required 24 parking spaces (one parking space per 19 m2 of Gross Floor Area (GFA)) to convert an existing building to a ealth Clinic Use, in accordance with 'Conditionally Approved' Site Plan Application SPB25/077/K, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a Minor Variance Application to reduce the number of required parking spaces to be able to convert the existing building into a ealth Clinic (dentist office). The key finding of this report is that the requested Minor Variance meets the 4 tests of the Planning Act. 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 on Centreville Chicopee neighbourhood, west of Fairway Road South on King Street East. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map Figure 2: Zoning Map Urban CorridorUrban Structure and is Commercial General CommercialZone (COM-2)in Zoning By-law 2019-051. The purpose of this application is to review a proposal to convert the existing building into a ealth Clinic(dental office). The building was constructed around 1970 and has historically accommodated multiple commercial uses, including personal services, retail, and restaurants. Currently, a Stamp Plan B Site Plan Application has been submitted to assess the change of use to a ealth Clinic (dental office) and to review a request for a parking reduction. Under the zoning requirements, a ealth Clinic must provide a minimum of one parking space per 19 m² of Gross Floor area (GFA). For this site, this equates to a minimum parking requirement of 24 parking spaces. However, the property currently provides only 17 parking spaces. Stamp Plan B Site Plan Application SPB25/077/K has been circulated to all applicable divisions and agencies and has received onditional Approval, subject to the approval of the required Minor Variance for a reduction in the required parking provision. Figure 3: The Proposed Site Plan Development and Housing Approvals staff visited the site on November 20, 2025. Figure 4: Front Image of the Subject Property Figure 5: Back Image of the Subject Property Figure 6: Side Image showing the site with the rear fence area 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 Lands designated as Commercial are intended to provide a range of retail and service commercial uses that cater primarily to the weekly and daily needs of residents within the surrounding neighbourhoods. The permitted uses on lands designated Commercial may include the uses listed in Policy 15.D.5.16, which indicates the use ealth Offices and Health Clinics permitted use in this land use designation. In addition, Policy 13.C.8.2 sThe City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available Policy 13.C.8.3 The City will periodically review its policies and parking standards for various land uses to establish parking standards which encourage the use of alternative means of transportation. The proposed ealth Clinic is intending to provide Class A and Class B bicycle parking and the property is located on an established active regional road with access to public transit. the requested variance meets the intent of the OfficialPlan. General Intent of the Zoning By-law The intent of the Zoning By-law requiring 24 parking spaces for the proposed health clinic use is to ensure accessibility and convenience for patients, as clinics typically generate frequent short-term visits. It also aims to minimize spillover parking on nearby streets, supporting smooth traffic circulation and reducing disruption to surrounding areas. The subject site is located on a main road with strong connectivity and access to public transportation. Grand River Transit Route 8 has a stop directly in front of the property, providing a convenient alternative to driving. In addition, the applicant has incorporated both Class A and Class B bicycle parking, promoting cycling and aligning with municipal objectives for sustainable transportation. These measures help reduce reliance on private vehicles and, consequently, the demand for on-site parking. Furthermore, there is existing on-street parking within the surrounding neighborhood that can accommodate short-term parking needs during the day, offering flexibility for visitors without requiring additional on-site spaces. In addition, the Transportation Services Staff provided comments supporting the parking reduction. Based on these considerations, the requested variance maintains the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested variance is considered minor as it represents a reduction of seven (7) parking spaces from the zoning requirement. The site provides two Class A bicycle parking spaces and five Class B bicycle parking spaces, supporting active transportation. Additionally, the property is located on a main road with a Grand River Transit bus stop for an active route directly in front of the site, offering convenient public transit access. These factors collectively reduce the demand for private vehicles and mitigate the impact of the parking reduction. Based on these considerations, the effects of the variance can be considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is considered appropriate for the development and use of the land as it will facilitate the establishment of a health clinic in an existing building, overall supporting an update to the building and public areas on the subject property. It will enable a new dentist office to set up business with access to public transit and in close proximity to nearby residential neighbourhoods. Environmental Planning Comments: No comment/concern. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. ABuilding Permit Application has been made for the change of use to a dental office. Engineering Division Comments: Engineering has no concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. All Parks and Forestry requirements will be addressed through the Stamp Plan B Site Plan Application for 2922 King Street East. Transportation Planning Comments: Transportation Services has worked closely with the applicant and acknowledges the existing site conditions, including the 17 current parking spaces. The applicant is introducing one (1) new barrier-free parking space where none previously existed and adding Class A bicycle parking, which was not previously provided. Additionally, the peak parking demand for this development is offset from the residential peak demand, so no conflicts are anticipated. Therefore, Transportation Services supports the proposed reduction in parking spaces from 24 to 17. Region of Waterloo Comments: No concerns. Six Nations of the Grand River Elected Council (SNGREC) Comments: Parking Minimums - SNGREC supports the reduced parking minimums. Site Plan Related Comments: Bird and Light Friendly Design SNGREC requests that the building is designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, directing light downwards, and more. guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices- Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective- lighting.pdf Landscaping: SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery 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 This report has been posted to the 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 interested parties to find additional inform 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 November 18th, 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 MeetingDecember 9, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1)A 2025 – 117 – 2922 King Street East – No Concerns 2)A 2025 – 118 – 630 Benninger Drive – No Concerns 3)A 2025 – 119 – 455 Old Chicopee Trail – No Concerns 4)A 2025 – 120 – 532 Courtland Avenue East – No Concerns 5)A 2025 – 121 – 546 Courtland Avenue East – No Concerns 6)A 2025 – 122 – 117 Samuel Street – No Concerns 7)A 2025 – 123 – 20 Gildner Street – No Concerns 8)A 2025 – 124 – 131 Gage Avenue – No Concerns 9)A 2025 – 125 – 50-56 Weber Street West & 107 Young Street – No Concerns 10)A 2025 – 126 – 1720 Glasgow Street – No Concerns 11)A 2025 – 127 – 71 Blucher 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 thereof and may require payment of Regional Development Charges for these developments prior 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. Document Number: 5129065 085291 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: 5129065 November 21, 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 December 9, 2025 Applications for Minor Variance A 2025-1172922 King Street East A 2025-118630 Benninger Drive A 2025-119455 Old Chicopee Trail A 2025-122117 Samuel Street A 2025-12320 Gildner Street A 2025-12550-56 Weber Street West & 107 Young Street A 2025-12771 Blucher Street Applications for Consent B 2025-032776 Rockway Drive B 2025-033104 Brentwood Avenue B 2025-03471 Blucher Street B 2025-03567 Blucher Street Grand River Conservation Authority (GRCA) staff havereviewed 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:Emmett Vanson To:Committee of Adjustment (SM) Cc:Peter Graham Subject:SNGREC Environmental Comments Re: Committee of Adjustment Application Review - December 9, 2025 Meeting Date:Monday, November 17, 2025 11:52:44 AM Attachments:Outlook-01a2z2tl.png SNGREC Env Comments re Kitchener CoA Dec 9 meeting.pdf Hello, Attached are my environmental comments on behalf of Six Nations of the Grand River Elected Council (SNGREC) regarding the Dec 9th Committee of Adjustments meeting. Please note that due to lack of previous consultation, most comments relate to the site plan or design of the application rather than the minor variance itself. Please ensure that this is communicated to the proponents when comments are passed on. I did not have any comments for any minor variances that not referenced in the attached documents. Thank you for taking my comments. Please do not hesitate to reach out if you have any questions or concerns or connect me with proponents if they have questions or concerns. Niá:wen (thank you), Emmett Vanson, BSc. (he/him) Land Use and Stewardship Technician Six Nations of the Grand River Elected Council - Lands and Resources Department - Consultation and Accommodation Process Team lrlust@sixnations.ca Confidentiality Notice: This email, including any attachments, is for the sole purpose of the intended recipients and may contain private, confidential, and privileged information. Any unauthorized review; use, disclosure or distribution is prohibited. If you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the sender by reply email and destroy all copies of the original. From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Sent: Friday, November 14, 2025 4:13 PM To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Subject: \[External\] ACTION REQUIRED - Committee of Adjustment Application Review - December 9, 2025 Meeting Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 9, 2025, have been loaded and circulated through ShareFile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must be sent to CofA@kitchener.ca no later than 12 noon on Monday, November 24, 2025. If you have no comments for the Committee's consideration, you do not need to respond. Connie Owen Administrative Clerk | Legislated Services | City of Kitchener 519-741-2203 | TTY 1-866-969-9994 | cofa@kitchener.ca Six Nations of the Grand River Elected Council Lands and Resources Land Use Team 1721 Chiefswood Road, Ohsweken ON N0A 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Nov 17, 2025 To:City of KitchenerCommittee of AdjustmentVia: Email Greetings, Included are my environmental comments on behalf of Six Nations of the Grand River Elected Council (SNGREC) th regardingthe Dec 9Committee of Adjustmentsmeeting. Please note that due to lack of previous consultation, most comments relate to the site plan or design ofthe application rather than the minor variance itself. Please ensure that this is communicated to the proponents when comments are passed on. 1720 Glasgow St Site Plan Related Comments: Birdand LightFriendlyDesign SNGREC requests that the building is designed using birdand lightfriendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, directing light downwards,andmore. birdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf Landscaping SNGREC requiresthat native plant species are prioritizedin landscaping efforts,andthatinvasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. SNGREC requests the replacement of Mugho Pine andHicks Yew from the Plant Listwith native species. capacity allows. Page 1of 6 Six Nations of the Grand River Elected Council Lands and Resources Land Use Team 1721 Chiefswood Road, Ohsweken ON N0A 1M0 Tel: 519-445-0330 Fax: 519-753-3449 107 Young St W Site Plan Related Comments: Birdand LightFriendlyDesign SNGREC requests that the building is designed using birdand lightfriendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, directing light downwards,andmore. birdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf Landscaping SNGREC requiresthat native plant species are prioritizedin landscaping efforts,andthatinvasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery 131 Gage Avenue Site Plan Related Comments: Birdand LightFriendlyDesign SNGREC requests that the building is designed using birdand lightfriendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, directing light downwards,andmore. birdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf Page 2of 6 Six Nations of the Grand River Elected Council Lands and Resources Land Use Team 1721 Chiefswood Road, Ohsweken ON N0A 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Landscaping SNGREC requiresthat native plant species are prioritizedin landscaping efforts,andthatinvasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery 532&546Courtland Ave E Site Plan Related Comments: Birdand LightFriendlyDesign SNGREC requests that the building is designed using birdand lightfriendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, directing light downwards,andmore. birdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf Landscaping SNGREC requiresthat native plant species are prioritizedin landscaping efforts,andthatinvasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery Page 3of 6 Six Nations of the Grand River Elected Council Lands and Resources Land Use Team 1721 Chiefswood Road, Ohsweken ON N0A 1M0 Tel: 519-445-0330 Fax: 519-753-3449 630 Benninger Drive Treaty RightsAccommodation and Compensation Further development of the land infringes on Six Nations Aboriginal and Treaty Rights by essentially guaranteeing land will not be returned to a natural state and by negatively impacting the environment through emissions and use of resources. Developments on this land fall under the Duty to Consult and Accommodate, meaning Six Nations of the Grand River must be consulted with andaccommodated for impacts to their rights. SNGREC requiresthat this development is paired with compensation for impacts to these rights and to the environment. Compensation should include environmental enhancement and could also include other forms such as increased numbers of affordable units and discounts for Six Nations people. Please contact lrlust@sixnations.cato schedule a meeting to collaborate on determining compensation. SNGREC requires commitment to compensation before Detail Design. Minor Variance-SpecificComment: Parking SNGREC encourages minimizing parkingand does not support the increased parking minimums. New developments should have a transit-oriented future in mindand should avoid promoting car-centric living. Instead, developers should be considering mixed-use developments andworking with the City to implement transit options. Site Plan RelatedComments: Landscaping SNGREC requiresthat native plant species are prioritizedin landscaping efforts,andthatinvasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery SNGREC strongly encourages the creation of pollinator gardens using native plant species in landscaped areas not intended for human movement. Pollinator gardens can offer food, breeding space,and sanctuary for pollinatorsthat are harmed by human expansionas they lose functional habitat,and their remaining habitat becomes more fragmented. Community gardens could also be implemented alongside pollinator gardens foran Page 4of 6 Six Nations of the Grand River Elected Council Lands and Resources Land Use Team 1721 Chiefswood Road, Ohsweken ON N0A 1M0 Tel: 519-445-0330 Fax: 519-753-3449 added community benefit.These will also increase the visual attractiveness of the area. Birdand LightFriendlyDesign SNGREC requests that the buildings and streetscapes are designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and directing light downwards. birdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf 2922 KingSt E Parking Minimums SNGREC supports the reduced parking minimums. Site Plan Related Comments: Birdand LightFriendlyDesign SNGREC requests that the building is designed using birdand lightfriendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, directing light downwards,andmore. birdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf Landscaping SNGREC requiresthat native plant species are prioritizedin landscaping efforts,andthatinvasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery Page 5of 6 Six Nations of the Grand River Elected Council Lands and Resources Land Use Team 1721 Chiefswood Road, Ohsweken ON N0A 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Thank you for taking my comments. Please do not hesitate to reach out if you have any questions or concernsor connect me with proponents if they have questions or concerns. Niá:wen (Thank you)and kind regards Emmett Vanson, Land Use and Stewardship Technician Six Nations of the Grand River Elected CouncilLands and Resources Consultation and Accommodation Process Team Page 6of 6