HomeMy WebLinkAboutDSD-2023-321 - Official Plan Amendment Application OPA23/009/T/CD - Zoning By-law Amendment Application ZBA23/014/T/CD - 50 Thaler Ave and 300 Kinzie Ave - City of Kitchener and Waterloo Catholic District School BoardStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: December 4, 2023
SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext.
7319
PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073
Adam Zufferli, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 2
DATE OF REPORT:
REPORT NO.:
November 6, 2023
DSD -2023-321
SUBJECT: Official Plan Amendment Application OPA23/009/T/CD
Zoning By-law Amendment Application ZBA23/014/T/CD
50 Thaler Avenue and 300 Kinzie Avenue
City of Kitchener and Waterloo Catholic District School Board
RECOMMENDATION:
That Official Plan Amendment Application OPA23/009/T/CD for the City of Kitchener
and Waterloo Catholic District School Board requesting a change of the Urban
Structure component on the lands specified and illustrated on Schedule `A' and
requesting a change in land use designation on the lands specified and illustrated
on Schedule `B', be adopted, in the form shown in the Official Plan Amendment
attached to Report DSD -2023-321 as Appendix `A', and accordingly forwarded to the
Region of Waterloo for approval; and
That Zoning By-law Amendment Application ZBA23/014/T/CD for the City of
Kitchener and Waterloo Catholic District School Board be approved in the form
shown in the `Proposed By-law', and `Map No. 1, attached to Report DSD -2023-321
as Appendix `B'; and further.
REPORT HIGHLIGHTS:
The purpose of this report is to evaluate and provide a planning recommendation
regarding the Official Plan Amendment and Zoning By-law Amendment Applications
for the subject lands located at 50 Thaler Avenue and 300 Kinzie Avenue. It is
planning staff's recommendation that the Official Plan and Zoning By-law Amendment
Applications be approved.
The proposed Amendments support the land exchange between the City of Kitchener
(City) and the Waterloo Catholic District School Board (WCDSB) which will convey the
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Page 4 of 355
entirety of the City -owned property at 300 Kinzie Avenue to the WCDSB in exchange
for a portion of the WCDSB-owned property at 50 Thaler Avenue.
The new park location is a better location for a park within the existing neighbourhood
and provides less vehicular conflict and noise from River Road East. The parcel of
land the school will receive will allow for a parking lot situated closer to River Road
keeping vehicular traffic to the front of the school facing River Road and out of the
existing neighbourhood. The lands being swapped are identical in size and there is no
net land loss to either party as a result of the land swap.
Community engagement included:
o circulation of a preliminary notice letter to property owners and residents within
240 metres of the subject site;
o installation of a large billboard notice sign on the properties;
o follow up one-on-one correspondence with members of the public;
o Neighbourhood Meeting held on July 27, 2023;
o postcard advising of the statutory public meeting was circulated to all residents
and property owners within 240 metres of the subject site, those who responded to
the preliminary circulation; and those who attended the Neighbourhood Meeting;
o notice of the public meeting was published in The Record on November 10, 2023.
This report supports the delivery of core services.
EXECUTIVE SUMMARY:
The City of Kitchener and the Waterloo Catholic District School Board are proposing to
change the Official Plan Urban Structure identification and the land use designation for the
lands shown as 'Area 1' on Figure 1 from 'Green Areas' and 'Open Space' to 'Community
Areas' and 'Institutional' and for the lands shown as 'Area 2' on 'Figure 1 from 'Community
Areas' and 'Institutional' to 'Green Areas' and 'Open Space' in the City of Kitchener Official
Plan. The applicant is also proposing to change the zoning for the lands shown as 'Area 1'
on 'Figure 1 from 'Open Space: Greenways Zone (OSR-2)' to 'Neighbourhood Institutional
Zone (INS -1)' and to change the zoning for the lands shown as 'Area 2' on 'Figure 1 from
'Neighbourhood Institutional Zone (INS -1)' to 'Recreation Zone (OSR-1)' in Zoning By-law
2019-051. The proposed Amendments support the land exchange between the City of
Kitchener (City) and the Waterloo Catholic District School Board (WCDSB) which will
convey the entirety of the City -owned property at 300 Kinzie Avenue to the WCDSB in
exchange for a portion of the WCDSB-owned property at 50 Thaler Avenue to allow for the
relocation of a City owned Park from Kinzie Avenue to along Thaler Avenue and a future
elementary school fronting on River Road East, Burgetz Avenue and Kinzie Avenue. Staff
are recommending that the applications be approved.
Page 5 of 355
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BACKGROUND:
The City of Kitchener (City) and the Waterloo Catholic District School Board (WCDSB)
have made applications for an Official Plan Amendment and Zoning By-law Amendment to
facilitate a land exchange between the Waterloo Catholic District School Board and the
City of Kitchener to allow for the relocation of a City -owned Park from Kinzie Avenue to
along Thaler Avenue and a future elementary school fronting on River Road East, Burgetz
Avenue and Kinzie Avenue.
The lands are split between two components in the City's Urban Structure. The lands
known municipally as 300 Kinzie Avenue are shown as `Green Areas' on Map 2 — Urban
Structure in the City of Kitchener Official Plan. The lands known municipally as 50 Thaler
Avenue are shown as `Community Areas' on Map 2 — Urban Structure in the City of
Kitchener Official Plan.
The Official Plan designation for the subject lands is split between the two parcels. The
lands known municipally as 300 Kinzie Avenue are designated as `Open Space' on Map 3
— Land Use in the City of Kitchener Official Plan. The lands known municipally as 50
Thaler Avenue are designated as `Institutional' on Map 3 — Land Use in the City of
Kitchener Official Plan.
The application for an Official Plan Amendment to the Urban Structure identification on
Map 2 in the City of Kitchener's Official Plan is required to change `Area 1' on Figure 1
from `Green Areas' to `Community Areas' and for the lands shown as `Area 2' on `Figure 1
from `Community Areas' to `Green Areas', which will allow the proposed land use
designations.
Page 6 of 355
The application for an Official Plan Amendment then proposes to change the land use
designation on the lands shown as `Area Von Figure 1 from `Open Space' to `Institutional'
and for the lands shown as `Area 2' on `Figure 1 from `Institutional' to `Open Space'.
The existing zoning for the subject lands is split between the two parcels. The lands known
municipally as 300 Kinzie Avenue is zoned `Open Space: Greenways Zone (OSR-2)' in
Zoning By-law 2019-051. The primary purpose of the `OSR-2' zone is for green space and
buffers as part of a comprehensive and connected open space system. This zone also
permits a range of open space uses, including parks for both active and passive
recreation. The lands known municipally as 50 Thaler Avenue is zoned `Neighbourhood
Institutional (INS -1)' in Zoning By-law 2019-051. The `INS -1' zone permits institutional
uses up to a maximum gross floor area and does not permit large institutional uses.
The application for a Zoning By-law Amendment proposes to change the zoning for the
lands shown as `Area 1' on Figure 1 from `OSR-2' in Zoning By-law 2019-051 to `INS -1'
and to change the zoning for the lands shown as `Area 2' on Figure 1 from `INS -1' to
`OSR-1' in Zoning By-law 2019-051.
Site Context:
The subject lands are municipally addressed as 50 Thaler Avenue and 300 Kinzie Avenue.
The subject lands are located in the Centreville Chicopee neighbourhood and are bounded
by Thaler Avenue to the west, Burgetz Avenue and Kinzie Avenue to the south, River
Road to the east, and the rear lot line of residential lots to the north. The surrounding
neighbourhood contains a variety of low-rise residential dwelling types on lots of various
sizes. The lands at 50 Thaler Avenue are currently vacant. These lands were formerly
home to St. Patrick's Catholic Elementary School, which was demolished in 2016. The
lands at 300 Kinzie Avenue are currently used as Kinzie Park, a small City park with a
playground.
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Page 7 of 355
REPORT:
The subject lands are proposed to be redeveloped with a two-storey Catholic Elementary
School and Early Years Learning Centre. The City -owned park is proposed to be
relocated. To facilitate the future use of the subject lands, the City of Kitchener (City) will
exchange the City -owned lands at 300 Kinzie Avenue for a portion of the lands owned by
the Waterloo Catholic District School Board (WCDSB) at 50 Thaler Avenue. The lands
shown as `Area 1' on Figure 1 will be conveyed to the WCDSB and will be used as a
parking lot for the future school and learning centre. The lands shown as `Area 2' on
Figure 1 will be conveyed to the City and where the new City Owned park will be
relocated.
Figure 3 — Concept Site Plan
To facilitate the proposed use of the lands, an Official Plan Amendment and Zoning By-law
Amendment are required to amend the urban structure and change the land use
designation and zoning on the subject lands.
The portion of the subject lands known municipally as 50 Thaler Avenue is currently
identified and designated `Community Areas' and `Institutional' in the City of Kitchener
Official Plan and zoned as `Neighbourhood Institutional Zone (INS -1)' in Zoning By-law
2019-051. The portion of the subject lands known municipally as 300 Kinzie Avenue is
currently identified and designated `Green Areas' and `Open Space' in the City of
Kitchener Official Plan and zoned as `Open Space: Greenways Zone (OSR-2)' in Zoning
By-law 2019-051.
Page 8 of 355
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Figure 3 — Concept Site Plan
To facilitate the proposed use of the lands, an Official Plan Amendment and Zoning By-law
Amendment are required to amend the urban structure and change the land use
designation and zoning on the subject lands.
The portion of the subject lands known municipally as 50 Thaler Avenue is currently
identified and designated `Community Areas' and `Institutional' in the City of Kitchener
Official Plan and zoned as `Neighbourhood Institutional Zone (INS -1)' in Zoning By-law
2019-051. The portion of the subject lands known municipally as 300 Kinzie Avenue is
currently identified and designated `Green Areas' and `Open Space' in the City of
Kitchener Official Plan and zoned as `Open Space: Greenways Zone (OSR-2)' in Zoning
By-law 2019-051.
Page 8 of 355
The existing Official Plan policies permit a range of institutional uses to be located on a
portion of the subject lands addressed as 50 Thaler Avenue and permit a range of open
space and recreational uses to be located on a portion of the subject lands addressed as
300 Kinzie Avenue. The application for Official Plan Amendment is needed to change the
land use designation on portions of the subject lands in order to facilitate the future use of
the lands.
The Urban Structure in the City of Kitchener Official Plan is required to be amended to
change `Area Von Figure 1 from `Green Areas' to `Community Areas' and for the lands
shown as `Area 2' on `Figure 1 from `Community Areas' to `Green Areas', which will allow
the proposed land use designations.
The proposed Official Plan Amendment is to change the land use designation on the lands
shown as `Area 1' on Figure 1 from `Open Space' to `Institutional' and for the lands shown
as `Area 2' on Figure 1 from `Institutional' to `Open Space'.
The application for a Zoning By-law Amendment is needed to change the zoning on
portions of the subject lands in order to facilitate the future use of the lands. The proposed
Zoning By-law Amendment is to change the zoning on the lands shown as `Area 1' on
Figure 1 from `Open Space Greenways Zone (OSR-2)' to `Neighbourhood Institutional
Zone (INS -1)' and for the lands shown as `Area 2' on Figure 1 from `Neighbourhood
Institutional Zone (INS -1)' to `Recreation Zone (OSR-1)'.
There are no Site Specific provisions or Holding provisions associated with this Zoning By-
law Amendment application.
Planning Analysis:
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that the
Minister, the council of a municipality, a local board, a planning board and the Tribunal, in
carrying out their responsibilities under this Act, shall have regard to, among other matters,
matters of provincial interest such as,
f) The adequate provision and efficient use of communication, transportation, sewage
and water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of a full range of housing, including affordable housing;
k) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
q) The promotion of development that is designed to be sustainable, to support public
transit and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible, attractive
and vibrant;
s) The mitigation of greenhouse gas emissions and adaptation to a changing climate.
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These matters of provincial interest are addressed and are implemented through the
Provincial Policy Statement, 2020, as it directs how and where development is to occur.
The City's Official Plan is the most important vehicle for the implementation of the
Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to.
The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide
land use planning policy document, potentially replacing the Provincial Policy Statement
and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, with a singular
Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this
report was prepared.
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS, 2020) provides policy direction on matters of
provincial interest related to land use planning and development. Section 1.5.1(b) of the
PPS (2020) promotes the creation of healthy and active communities through planning
and providing for a full range and equitable distribution of publicly -accessible built and
natural settings for recreation. Section 1.6 of the PPS (2020) promotes the provision of
parkland and open space as green infrastructure to compliment the built environment. The
applications for an Official Plan Amendment and a Zoning By-law Amendment would
facilitate the revitalization of the vacant lands with institutional uses and parkland to
support a healthy and active community.
Planning staff is of the opinion that the proposed applications to facilitate the use of the
subject lands as a Catholic Elementary School and Early Years Learning Centre and City
park are complementary to the surrounding community, helps to foster healthy and active
communities, and will make use of the existing infrastructure. No new public roads would
be required for the proposed development and Engineering staff have confirmed there are
no concerns with the proposed amendments to the subject lands.
Based on the foregoing, staff is of the opinion that this proposal is in conformity with the
PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth
Plan):
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living, make efficient use of land and
infrastructure, provide for a range, and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation. Policies
of the Growth Plan promote growth within strategic growth areas including major transit
station areas, in order to provide a focus for investments in transit and other types of
infrastructure.
Policies 2.2.1.4 states that complete communities will:
a) feature a diverse mix of land uses, including residential and employment uses, and
convenient access to local stores, services, and public service facilities;
Page 10 of 355
b) improve social equity and overall quality of life, including human health, for people
of all ages, abilities, and incomes;
c) provide a diverse range and mix of housing options, including additional residential
units and affordable housing, to accommodate people at all stages of life, and to
accommodate the needs of all household sizes and incomes;
d) expand convenient access to:
i. a range of transportation options, including options for the safe, comfortable
and convenient use of active transportation;
ii. public service facilities, co -located and integrated in community hubs;
iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails,
and other recreational facilities; and
iv. healthy, local, and affordable food options, including through urban agriculture;
e) provide for a more compact built form and a vibrant public realm, including public
open spaces;
f) mitigate and adapt to the impacts of a changing climate, improve resilience and
reduce greenhouse gas emissions, and contribute to environmental sustainability;
and
g) integrate green infrastructure and appropriate low impact development.
Policy 3.2.8.6 states that new public service facilities, including hospitals and schools,
should be located in settlement areas and preference should be given to sites that are
easily accessible by active transportation and transit, where that service is available.
Policy 4.5.2.2 states that municipalities are encouraged to establish an open space system
within settlement areas, which may include opportunities for urban agriculture, rooftop
gardens, communal courtyards, and public parks.
The Growth Plan supports planning for a range and mix of land uses within
neighbourhoods to create complete communities. The Growth Plan emphasizes the
importance of active transportation and public transit in providing a range of transportation
options to new public service facilities. The Growth Plan also supports planning for
parkland within settlement areas. The subject lands are serviced by GRT Route 1 Queen -
River and are centrally located within the Centreville Chicopee neighbourhood, enabling
access by multiple modes of transportation. The proposed uses of the subject lands will
support the development of the Centreville Chicopee neighbourhood as a complete
community and provide valuable parkland in a more suitable location.
Planning staff is of the opinion that the applications conform to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be
within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The
proposed development conforms to Section 25 of the ROP as the proposed development
supports the achievement of the minimum annual intensification targets within the
delineated Built -Up Area. Growth is directed to the Built Up Area of the Region to make
better use of infrastructure that can assist in transitioning the Region into an energy
efficient, low carbon community. Furthermore, intensification within the Built -Up Area
assists the gradual transition of existing neighbourhoods within the Region into 15 -minute
Page 11 of 355
neighbourhoods that are compact, well connected places that allow all people of all ages
and abilities to access the needs for daily living within 15 minutes by walking, cycling or
rolling.
The Region of Waterloo have indicated they have no objections to the proposed
application (Appendix `D'). Planning staff are of the opinion that the applications conform
to the Regional Official Plan as the redevelopment of the subject lands with a future school
and park will contribute to the transition of the existing neighbourhood into a 15 minute
community.
City of Kitchener Official Plan (OP):
The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision
is further articulated and implemented through the guiding principles, goals, objectives,
and policies which are set out in the Plan. The Vision and Goals of the OP strive to build
an innovative, vibrant, attractive, safe, complete and healthy community.
Urban Structure
The Official Plan establishes an Urban Structure for the City of Kitchener and provides
policies for directing growth and development within this structure. The subject lands are
currently split between two components of the urban structure.
The lands addressed as 50 Thaler Avenue are currently identified as `Community Areas' in
the City's Urban Structure (Map 2). The planned function of Community Areas is to provide
for residential uses as well as non-residential supporting uses intended to serve the
immediate residential areas, including parkland. Within lands identified as `Community
Areas' on Map 2, the applicable land use designation can include Institutional (the current
and proposed land use designation), and Open Space (the proposed land use
designation). The proposal would have the land use designation on the lands addressed
as 50 Thaler Avenue be split between Institutional and Open Space.
The lands addressed as 300 Kinzie Avenue are currently identified as `Green Areas' in the
City's Urban Structure (Map 2). The planned function of Green Areas is to protect and
conserve the ecological functions and features and passive and active recreation that
these areas provide. Within lands identified as `Green Areas' on Map 2, the applicable
land use designation may be Open Space (the current land use designation) but may not
be Institutional (the proposed land use designation).
To facilitate the proposed land uses changes, an amendment to the Urban Structure - Map
2 — in the City of Kitchener's Official Plan is required. Staff are supportive of the
amendments to the Urban Structure of the subject lands which will amend `Area 1' on
Figure 1 from `Green Areas' to `Community Areas' and change the lands shown as `Area
2' on `Figure 1 from `Community Areas' to `Green Areas', which will allow the proposed
land use designations.
Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law
Amendment will support a development that not only complies with the City's policies for
Community Areas and Green Areas but also contributes to the vision for a sustainable and
more sustainable city.
Page 12 of 355
Land use Designation
The Official Plan designation for the subject lands is split between the two parcels. The
lands known municipally as 300 Kinzie Avenue are designated as `Open Space' on Map 3
— Land Use in the City of Kitchener Official Plan while the lands known municipally
addressed as 50 Thaler Avenue are designated as `Institutional' on Map 3 — Land Use in
the City of Kitchener Official Plan.
Institutional
The primary use of land within the Institutional land use designation is intended for
institutional uses that are of a community or regional nature, such as secondary and post-
secondary educational facilities, long-term care facilities and social, cultural and
administrative facilities. This land use designation also includes small-scale institutional
uses compatible with surrounding uses such as public and private elementary schools,
libraries, day care centres, and places of worship.
Policy 15.D.7.4 of the City of Kitchener's Official Plan allows for the redesignation of the
site to an appropriate alternative land use designation only after examination of the
following options for part or all of the site: a) the use of the site for a suitable alternative
institutional purpose; b) acquisition of the site or a portion of it by the City for institutional
or open space use, based on the park needs of the surrounding area; and, c) the use of
the site to meet housing targets, particularly for special needs or affordable housing.
The proposed amendment is appropriate and conforms with these policies as the subject
lands will be used for the development of a city owned park.
Open Space
Open Space is a valuable resource to the community and contributes to the quality of life
in Kitchener. The primary intent of the Open Space land use category is to provide for a
comprehensive and connected open space system of parks and trails, a buffer between
land uses, and increase the opportunities for recreation and general enjoyment of an area
while having regard for the City's natural areas that not designated as part of the Natural
Heritage System.
Policy 15.D.10.6. states that an application for the redesignation of Open Space for other
purposes may be given due consideration by the City, subject to the application of the
other policies in this Plan. However, the City will not be obligated to redesignate or to
purchase any land if there is an existing or potential hazard that is not feasible for the
owner to overcome.
Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law
Amendment will support a development that complies with the City's policies for the Open
Space and Institutional land use designations.
Complete Community
A complete community creates and provides access to a mix of land uses including a
range and mix of housing, including affordable housing, recreation, commerce, community
and cultural facilities, health care facilities, employment, parks and open spaces that are
distributed and connected in a coherent and efficient manner. A complete community also
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supports the use of public transit and active transportation, enabling residents to meet
most of their daily needs within a short distance of their homes. Kitchener will be planned
as a complete community that creates opportunities for all people to live, work and interact
within close proximity. Planning for a complete community will aid in reducing the cost of
infrastructure and servicing, encourage the use of public transit and active modes of
transportation, promote social interaction, and foster a sense of community.
The proposal will contribute to a complete community by relocating parkland to a more
suitable area in the nieghbourhood and allow for the development of more compatible
future school site. These uses are complimentary to the surrounding neighbourhood,
which contains a range and mix of low-rise residential housing typologies.
City -owned Park:
The proposed development will relocate the existing park from its current location at 300
Kinzie Avenue to lands abutting Thaler Avenue. Planning staff is of the opinion that the
proposed location for the park is more ideal. The relocated park will be located interior to
the subject lands adjacent to residential uses, allowing more households to be within
walking distance of valuable community amenity.
Transportation Policies:
The Official Plan supports an integrated transportation system which incorporates active
transportation, allows for the movement of people and goods and promotes a vibrant,
healthy community using land use designations and urban design initiatives that make a
wide range of transportation choices viable. The subject lands are located along Route 1
Queen -River of the GRT bus network.
The proposed Official Plan Amendment and Zoning By-law Amendment Applications
support a mix of uses that will contribute to a complete community. The location of the
proposed school building will result in a compatible built form that fosters walkability within
a pedestrian -friendly environment that allows walking to be safe, comfortable, barrier -free
and a convenient form of urban travel. Additionally, secured and visitor bicycle parking is
required as part of the Zoning By-law.
Official Plan Conclusions
The application for an Official Plan Amendment is needed to change the urban structure
component identification and the land use designation on portions of the subject lands in
order to facilitate the future use of the lands. The proposed Official Plan Amendment is to
change the urban structure identification and land use designation on the lands shown as
`Area 1' on `Figure 1 from `Green Areas' and `Open Space' to `Community Areas' and
`Institutional' and for the lands shown as `Area 2' on `Figure 1 from `Community Areas' and
`Institutional' to `Green Areas' and `Open Space'. Based on the above -noted policies and
planning analysis, staff is of the opinion that the proposed Official Plan Amendment
represents good planning and recommends that the proposed Official Plan Amendment be
approved in the form shown in Appendix "A".
Proposed Zoning By-law Amendment:
The existing zoning for the subject lands is split between the two parcels. The lands known
municipally as 300 Kinzie Avenue are zoned `Open Space: Greenways Zone (OSR-2)' in
Page 14 of 355
Zoning By-law 2019-051. The primary purpose of the `OSR-2' zone is for green space and
buffers as part of a comprehensive and connected open space system. This zone also
permits a range of open space uses, including parks for both active and passive
recreation. The lands known municipally as 50 Thaler Avenue are zoned `Neighbourhood
Institutional (INS -1)' in Zoning By-law 2019-051. The INS -1 zone permits institutional uses
up to a maximum gross floor area and does not permit large institutional uses.
The proposed amendments to change the zoning on the two parcels are required to
facilitate a land exchange between the City of Kitchener and the Waterloo Region Catholic
District School Board.
The proposed Zoning By-law Amendment is to change the zoning on the lands shown as
`Area 1' on Figure 1 from `Open Space: Greenways Zone (OSR-2)' to `Neighbourhood
Institutional Zone (INS -1)' and for the lands shown as `Area 2' on Figure 1 from
`Neighbourhood Institutional Zone (INS -1)' to `Recreation Zone (OSR-1)' in Zoning By-law
2019-051. There are no Site Specific provisions or Holding provisions associated with this
Zoning By-law Amendment Application.
Proposed Zoning By-law Amendment Conclusions
Staff is of the opinion that the proposed Zoning By-law Amendment Application represents
good planning as it will facilitate the redevelopment of the lands with an elementary school
and early years learning centre and the relocation of City parkland that is compatible with
the existing neighbourhood, which will add visual interest at the street level, provide
enhanced landscaping that will contribute to the streetscape, and which will appropriately
accommodate on-site parking needs. Staff are supportive of the proposed development
and recommend that the proposed Zoning By-law Amendment be approved as shown in
Appendix `B'.
Department and Agency Comments:
Circulation of the Official Plan Amendment and Zoning By-law Amendment was
undertaken on June 13, 2023 to all applicable City departments and other review
authorities. No major concerns were identified by any commenting City department or
agency and any necessary revisions and updates were made. Copies of the comments
are found in Appendix "C" of this report.
WHAT WE HEARD
3 people provided comments
A City -led Neighbourhood Meetings held on July 27, 2023 and
approximately 5 different users logged on.
625 households (occupants and property owners) were
circulated and notified
Page 15 of 355
Community Input & Staff Responses
Staff received written responses from 3 residents with respect to the proposed
development. These are included in Appendix `D'. A Neighbourhood Meeting was held on
July 27, 2023. In addition, staff had follow-up one-on-one correspondence with members
of the public. A summary of what we heard, and staff responses are noted below.
What We Heard
Staff Comment
Residents support the
Staff received emails in support of the proposed
amendments and development
development from residents who were happy to see
of the school and city -owned
the lands proposed to be developed with a new city
park.
park and school for families.
The park should not change
City of Kitchener Parks staff reviewed the proposed
location. Some residents do not
new location of Kinzie Park and are supportive of the
support relocating the park and
land swap and relocation for various reasons:
prefer the location of the existing
park.
1) Frontage — Thaler Ave. frontage is within a
quieter neighbourhood fabric and provides less
vehicular conflict and noise from River Road East.
2) Compatible with adjacent residential — Green
space adjacent to residential lots backing onto 50
Thaler Avenue are more compatible than drive aisles
and parking lot use.
3) Compatible with School Site Design — aligning
school green space with adjacent public green space
within the site design will allow for improved
pedestrian flow.
4) Bus drop-off along River Road East — Keeping
vehicular traffic to the front of the school facing River
Road creates a buffer between the quieter green
space in the rear of the property.
Planning Conclusions
In considering the foregoing, staff are supportive of the proposed Official Plan Amendment
and Zoning By-law Amendment Applications to permit 50 Thaler Avenue and 300 Kinzie
Avenue to be developed with an elementary school and early years learning centre and
facilitate the relocation of City parkland. Staff is of the opinion that the subject applications
are consistent with policies of the Provincial Policy Statement, conform to Growth Plan for
the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener
Official Plan and represent good planning. It is recommended that the applications be
approved.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Page 16 of 355
The recommendation of this report supports the achievement of the City's strategic vision
through the delivery of core service.
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 City's website with the agenda in advance
of the Council / Committee meeting. A large notice sign was posted on the property and
information regarding the application was posted to the City's website in June 2023.
Following the initial circulation referenced below, an additional postcard advising of the
statutory public meeting was circulated to all residents and property owners within 240
metres of the subject lands, those responding to the preliminary circulation and who
attended the Neighbourhood Meetings. Notice of the Statutory Public Meeting was also
posted in The Record on November 10, 2023 (a copy of the Notice may be found in
Appendix `C').
CONSULT — The proposed Official Plan Amendment and Zoning By-law Amendment were
circulated to residents and property owners within 240 metres of the subject lands on June
13, 2023. In response to this circulation, staff received written responses from 3 members
of the public, which were summarized as part of this staff report. Planning staff also had
one-on-one conversations with residents on the telephone and responded to emails.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R.S.O. 1990, c. P.13
• Growth Plan, 2020
• Provincial Policy Statement, 2020
• Region of Waterloo Official Plan
• City of Kitchener Official Plan (2014)
• City of Kitchener Zoning By-law 2019-051
N AN I ATM 41l WS
Stevenson, Garett - Manager of Development Review, Planning Division
Malone -Wright — Supervisor, Development Applications, Planning Division
APPROVED BY: Readman, Justin - General Manager, Development Services
APPENDIX&
Appendix A —
Proposed Official Plan Amendment
Appendix B —
Proposed Zoning By-law Amendment
Appendix C —
Newspaper Notice
Appendix D —
Department and Agency Comments
Appendix E —
Public Comments
Page 17 of 355
Page 18 of 355
AMENDMENT NO. XX. TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
50 Thaler Avenue and 300 Kinzie Avenue
Page 19 of 355
AMENDMENT NO.XX TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
50 Thaler Avenue and 300 Kinzie Avenue
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPENDICES
APPENDIX 1 Notice of the Meeting of Planning & Strategic Initiatives
Committee of December 4, 2023
APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives
Committee December 4, 2023
APPENDIX 3 Minutes of the Meeting of City Council
Page 20 of 355
AMENDMENT NO.XX TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 — TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. XX to the Official Plan of the City
of Kitchener (2014). This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is to amend:
• Map 2 —Urban Structure by changing the Urban Structure identification for lands,
municipally addressed as 50 Thaler Avenue and 300 Kinzie Avenue as follows:
• Map 2 is amended by changing the land use designations of affected lands as
follows:
o Area 1 - From Green Areas to Community Areas.
o Area 2 -From Community Area to Green Areas.
• Map 3 — Land Use by redesignating lands, municipally addressed as 50 Thaler
Avenue and 300 Kinzie Avenue as follows:
• Map 3 is amended by changing the land use designations of affected lands as
follows:
o Area 1 - From Open Space to Institutional.
o Area 2 - From Institutional to Open Space.
SECTION 3 — BASIS OF THE AMENDMENT
Planning Analysis
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that
the Minister, the council of a municipality, a local board, a planning board and the
Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among
other matters, matters of provincial interest such as,
f) The adequate provision and efficient use of communication, transportation,
sewage and water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of a full range of housing, including affordable housing;
k) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
q) The promotion of development that is designed to be sustainable, to support
public transit and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible, attractive
and vibrant;
Page 21 of 355
s) The mitigation of greenhouse gas emissions and adaptation to a changing
climate.
These matters of provincial interest are addressed and are implemented through the
Provincial Policy Statement, 2020, as it directs how and where development is to occur.
The City's Official Plan is the most important vehicle for the implementation of the
Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to.
The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide
land use planning policy document, potentially replacing the Provincial Policy Statement
and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, with a singular
Provincial Planning Statement (PPS) which is in draft form and not in effect at the time
this report was prepared.
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS, 2020) provides policy direction on matters of
provincial interest related to land use planning and development. Section 1.5.1(b) of the
PPS (2020) promotes the creation of healthy and active communities through planning
and providing for a full range and equitable distribution of publicly -accessible built and
natural settings for recreation. Section 1.6 of the PPS (2020) promotes the provision of
parkland and open space as green infrastructure to compliment the built environment.
The applications for an Official Plan Amendment and a Zoning By-law Amendment
would facilitate the revitalization of the vacant lands with institutional uses and parkland
to support a healthy and active community.
Planning staff is of the opinion that the proposed applications to facilitate the use of the
subject lands as a Catholic Elementary School and Early Years Learning Centre and
City park are complementary to the surrounding community, helps to foster healthy and
active communities, and will make use of the existing infrastructure. No new public
roads would be required for the proposed development and Engineering staff have
confirmed there are no concerns with the proposed amendments to the subject lands.
Based on the foregoing, staff is of the opinion that this proposal is in conformity with the
PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth
Plan):
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living, make efficient use of land and
infrastructure, provide for a range, and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation.
Policies of the Growth Plan promote growth within strategic growth areas including
major transit station areas, in order to provide a focus for investments in transit and
other types of infrastructure.
Policies 2.2.1.4 states that complete communities will:
Page 22 of 355
a) feature a diverse mix of land uses, including residential and employment uses,
and convenient access to local stores, services, and public service facilities;
b) improve social equity and overall quality of life, including human health, for
people of all ages, abilities, and incomes;
c) provide a diverse range and mix of housing options, including additional
residential units and affordable housing, to accommodate people at all stages of
life, and to accommodate the needs of all household sizes and incomes;
d) expand convenient access to:
i. a range of transportation options, including options for the safe, comfortable
and convenient use of active transportation;
ii. public service facilities, co -located and integrated in community hubs;
iii. an appropriate supply of safe, publicly -accessible open spaces, parks, trails,
and other recreational facilities; and
iv. healthy, local, and affordable food options, including through urban
agriculture;
e) provide for a more compact built form and a vibrant public realm, including public
open spaces;
f) mitigate and adapt to the impacts of a changing climate, improve resilience and
reduce greenhouse gas emissions, and contribute to environmental
sustainability; and
g) integrate green infrastructure and appropriate low impact development.
Policy 3.2.8.6 states that new public service facilities, including hospitals and schools,
should be located in settlement areas and preference should be given to sites that are
easily accessible by active transportation and transit, where that service is available.
Policy 4.5.2.2 states that municipalities are encouraged to establish an open space
system within settlement areas, which may include opportunities for urban agriculture,
rooftop gardens, communal courtyards, and public parks.
The Growth Plan supports planning for a range and mix of land uses within
neighbourhoods to create complete communities. The Growth Plan emphasizes the
importance of active transportation and public transit in providing a range of
transportation options to new public service facilities. The Growth Plan also supports
planning for parkland within settlement areas. The subject lands are serviced by GRT
Route 1 Queen -River and are centrally located within the Centreville Chicopee
neighbourhood, enabling access by multiple modes of transportation. The proposed
uses of the subject lands will support the development of the Centreville Chicopee
neighbourhood as a complete community and provide valuable parkland in a more
suitable location.
Planning staff is of the opinion that the applications conform to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will
be within the Urban Area. The subject lands are designated Built -Up Area in the ROP.
The proposed development conforms to Section 25 of the ROP as the proposed
Page 23 of 355
development supports the achievement of the minimum annual intensification targets
within the delineated Built -Up Area. Growth is directed to the Built Up Area of the
Region to make better use of infrastructure that can assist in transitioning the Region
into an energy efficient, low carbon community. Furthermore, intensification within the
Built -Up Area assists the gradual transition of existing neighbourhoods within the
Region into 15 -minute neighbourhoods that are compact, well connected places that
allow all people of all ages and abilities to access the needs for daily living within 15
minutes by walking, cycling or rolling.
The Region of Waterloo have indicated they have no objections to the proposed
application (Appendix `D'). Planning staff are of the opinion that the applications
conform to the Regional Official Plan as the redevelopment of the subject lands with a
future school and park will contribute to the transition of the existing neighbourhood into
a 15 minute community.
City of Kitchener Official Plan (OP):
The City of Kitchener OP provides the long-term land use vision for Kitchener. The
vision is further articulated and implemented through the guiding principles, goals,
objectives, and policies which are set out in the Plan. The Vision and Goals of the OP
strive to build an innovative, vibrant, attractive, safe, complete and healthy community.
Urban Structure
The Official Plan establishes an Urban Structure for the City of Kitchener and provides
policies for directing growth and development within this structure. The subject lands
are currently split between two components of the urban structure.
The lands addressed as 50 Thaler Avenue are currently identified as `Community Areas'
in the City's Urban Structure (Map 2). The planned function of Community Areas is to
provide for residential uses as well as non-residential supporting uses intended to serve
the immediate residential areas, including parkland. Within lands identified as
`Community Areas' on Map 2, the applicable land use designation can include
Institutional (the current and proposed land use designation), and Open Space (the
proposed land use designation). The proposal would have the land use designation on
the lands addressed as 50 Thaler Avenue be split between Institutional and Open
Space.
The lands addressed as 300 Kinzie Avenue are currently identified as `Green Areas' in
the City's Urban Structure (Map 2). The planned function of Green Areas is to protect
and conserve the ecological functions and features and passive and active recreation
that these areas provide. Within lands identified as `Green Areas' on Map 2, the
applicable land use designation may be Open Space (the current land use designation)
but may not be Institutional (the proposed land use designation).
To facilitate the proposed land uses changes, an amendment to the Urban Structure -
Map 2 — in the City of Kitchener's Official Plan is required. Staff are supportive of the
amendments to the Urban Structure of the subject lands which will amend `Area 1' on
Figure 1 from `Green Areas' to `Community Areas' and change the lands shown as
Page 24 of 355
`Area 2' on `Figure 1 from `Community Areas' to `Green Areas', which will allow the
proposed land use designations.
Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law
Amendment will support a development that not only complies with the City's policies for
Community Areas and Green Areas but also contributes to the vision for a sustainable
and more sustainable city.
Land use Designation
The Official Plan designation for the subject lands is split between the two parcels. The
lands known municipally as 300 Kinzie Avenue are designated as `Open Space' on Map
3 — Land Use in the City of Kitchener Official Plan while the lands known municipally
addressed as 50 Thaler Avenue are designated as `Institutional' on Map 3 — Land Use
in the City of Kitchener Official Plan.
Institutional
The primary use of land within the Institutional land use designation is intended for
institutional uses that are of a community or regional nature, such as secondary and
post -secondary educational facilities, long-term care facilities and social, cultural and
administrative facilities. This land use designation also includes small-scale institutional
uses compatible with surrounding uses such as public and private elementary schools,
libraries, day care centres, and places of worship.
Policy 15.D.7.4 of the City of Kitchener's Official Plan allows for the redesignation of the
site to an appropriate alternative land use designation only after examination of the
following options for part or all of the site: a) the use of the site for a suitable alternative
institutional purpose; b) acquisition of the site or a portion of it by the City for
institutional or open space use, based on the park needs of the surrounding area; and,
c) the use of the site to meet housing targets, particularly for special needs or affordable
housing.
The proposed amendment is appropriate and conforms with these policies as the
subject lands will be used for the development of a city owned park.
Open Space
Open Space is a valuable resource to the community and contributes to the quality of
life in Kitchener. The primary intent of the Open Space land use category is to provide
for a comprehensive and connected open space system of parks and trails, a buffer
between land uses, and increase the opportunities for recreation and general enjoyment
of an area while having regard for the City's natural areas that not designated as part of
the Natural Heritage System.
Policy 15.D.10.6. states that an application for the redesignation of Open Space for
other purposes may be given due consideration by the City, subject to the application of
the other policies in this Plan. However, the City will not be obligated to redesignate or
to purchase any land if there is an existing or potential hazard that is not feasible for the
owner to overcome.
Page 25 of 355
Staff is of the opinion that the proposed Official Plan Amendment and Zoning By-law
Amendment will support a development that complies with the City's policies for the
Open Space and Institutional land use designations.
Complete Community
A complete community creates and provides access to a mix of land uses including a
range and mix of housing, including affordable housing, recreation, commerce,
community and cultural facilities, health care facilities, employment, parks and open
spaces that are distributed and connected in a coherent and efficient manner. A
complete community also supports the use of public transit and active transportation,
enabling residents to meet most of their daily needs within a short distance of their
homes. Kitchener will be planned as a complete community that creates opportunities
for all people to live, work and interact within close proximity. Planning for a complete
community will aid in reducing the cost of infrastructure and servicing, encourage the
use of public transit and active modes of transportation, promote social interaction, and
foster a sense of community.
The proposal will contribute to a complete community by relocating parkland to a more
suitable area in the nieghbourhood and allow for the development of more compatible
future school site. These uses are complimentary to the surrounding neighbourhood,
which contains a range and mix of low-rise residential housing typologies.
City -owned Park:
The proposed development will relocate the existing park from its current location at 300
Kinzie Avenue to lands abutting Thaler Avenue. Planning staff is of the opinion that the
proposed location for the park is more ideal. The relocated park will be located interior
to the subject lands adjacent to residential uses, allowing more households to be within
walking distance of valuable community amenity.
Transportation Policies:
The Official Plan supports an integrated transportation system which incorporates active
transportation, allows for the movement of people and goods and promotes a vibrant,
healthy community using land use designations and urban design initiatives that make a
wide range of transportation choices viable. The subject lands are located along Route
1 Queen -River of the GRT bus network.
The proposed Official Plan Amendment and Zoning By-law Amendment Applications
support a mix of uses that will contribute to a complete community. The location of the
proposed school building will result in a compatible built form that fosters walkability
within a pedestrian -friendly environment that allows walking to be safe, comfortable,
barrier -free and a convenient form of urban travel. Additionally, secured and visitor
bicycle parking is required as part of the Zoning By-law.
Official Plan Conclusions
The application for an Official Plan Amendment is needed to change the urban structure
component identification and the land use designation on portions of the subject lands
in order to facilitate the future use of the lands. The proposed Official Plan Amendment
is to change the urban structure identification and land use designation on the lands
Page 26 of 355
shown as `Area 1' on `Figure 1 from `Green Areas' and `Open Space' to `Community
Areas' and `Institutional' and for the lands shown as `Area 2' on `Figure 1 from
`Community Areas' and `Institutional' to `Green Areas' and `Open Space'. Based on the
above -noted policies and planning analysis, staff is of the opinion that the proposed
Official Plan Amendment represents good planning and recommends that the proposed
Official Plan Amendment be approved.
SECTION 4 — THE AMENDMENT
The City of Kitchener Official Plan is hereby amended as follows:
a) Amend Map No. 2 — Urban Structure by:
I. Change Area 1 of Amendment as "Community Areas" instead of "Green
Areas", as shown on the attached Schedule "A" and;
II. Change Area 2 of Amendment as "Green Areas" instead of "Community
Areas", as shown on the attached Schedule "A"
b) Amend Map No. 3 — Land Use by:
III. Designating Area 1 of Amendment as "Institutional" instead of "Open
Space", as shown on the attached Schedule "B" and;
IV. Designating Area 2 of Amendment as "Open Space" instead of
"Institutional", as shown on the attached Schedule "B".
Page 27 of 355
APPENDIX 1 NOTICE OF PUBLIC MEETING
"NOTICE OF PUBLIC MEETING
for a development in your ne i hbourho i
50 Tha let Avenue Et 300 Kinzie Ave n ue
Concept Site Plan
Have Your Voice Heard!
Date: aocamber 4, 2023
Location: Caen cl l Cham kcrs.
Kltc Igen er City W a I I
King Street We 5t
iLrVirtual Zoorn M-9-sti ng
rju to kitchenerxa/meetings
and Select:
ffi Current alas and relport5
10 days tyre Meetiri
'
Appew as a -delegatbn
-5 Watch a rrbeetlr�S
To learn rniore abut mis project, including
_ Irffprrratiun on }aur peal tiEpts, mit;
www_kit-ther .cal
FlanningAppliutions
or cont
Future Relecaf lu r1 o Craig aumaFt Senior PLa iync r
Elementary City P3 r k cra ig.du rna rt kitchenecca
5chooL 519.741-2200 x7073
The Crty of Kkchener will consider applications to amend the Official Plan and Zoning
By-law to facilitate a land -exchange tx--tween the Waterloo Catholic District School mrd
and the City of Kit-chener to allow fot the r ation) and develop ent of i] C. I ti: }ger..'!:I
Park along Whaler Avenue and a future elementary school fronfing on River Rc ad Last.
Bu rget:z Avenue and Kinzie Avenue_
Page 28 of 355
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee — December 4, 2023
1�
Page 29 of 355
APPENDIX 3 Minutes of the Meeting of City Council — December 11,
2023
12
Page 30 of 355
........... :::
CITY OF KITCHENER
OFFICIAL PLAN
AMENDMENT TO MAP 2
URBAN STRUCTURE
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SCHEDULE W
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WATERLOO CATHOLIC DISTRICT
METRES
ZONING BY-LAW
AMENDMENT ZBA23/014/T/CD
SCHOOL BOARD; CITY OF KITCHENER
SCALE 1:10,000
Cityof Kitchener
FILE
OPA23009TCD_MAP2
50 TRACER AVE & 300 KINZIE AVE
DATE: NOVEMBER 14, 2023
DEVELOPMENT SERVICES DEPARTMENT, PLANNING
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METRES
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SCHOOL BOARD; CITY OF KITCHENER
SCALE 1:8,000
Cityof Kitchener
FILE
OPA23009TCD_MAP3
50 TRACER AVE & 300 KINZIE AVE
DATE: NOVEMBER 14, 2023
DEVELOPMENT SERVICES DEPARTMENT, PLANNING
mxd
PROPOSED BY — LAW
2023
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2019-051, as amended
known as the Zoning By-law for the City of Kitchener
— City of Kitchener and Waterloo Catholic District School
Board. — 50 Thaler Avenue and 300 Kinzie Avenue)
WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified
above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Zoning Grid Schedule Number 238 of Appendix "A" to By-law 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated
as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Open Space:
Greenways Zone (OSR-2) to Neighbourhood Institutional Zone (INS -1).
2. Zoning Grid Schedule Number 238 of Appendix "A" to By-law 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated
as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood
Institutional Zone (INS -1) to Recreation Zone (OSR-1).
3. Zoning Grid Schedule Numbers 221 and 238 of Appendix "A" to By-law Number 2019-051
are hereby further amended by incorporating additional zone boundaries as shown on
Map No.1 attached hereto.
4. This By-law shall become effective only if Official Plan Amendment No. XX (50 Thaler
Avenue and 300 Kinzie Avenue) comes into effect, pursuant to Section 24(2) of The
Page 33 of 355
Planning Act, R.S.O. 1990, c. P.13, as amended.
PASSED at the Council Chambers in the City of Kitchener this day of
, 2023.
Mayor
Clerk
Page 34 of 355
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SUBJECT AREA(S) N
AMENDMENT TO BY-LAW 2019-051
AREA 1 -
FROM OPEN SPACE: GREENWAYS ZONE
(OSR-2)
TO NEIGHBOURHOOD INSTITUTIONAL ZONE
(INS -1)
AREA 2 -
FROM NEIGHBOURHOOD INSTITUTIONAL
ZONE (INS -1)
TO RECREATION ZONE (OSR-1)
BY-LAW 2019-051
OSR-1 RECREATION ZONE
OSR-2 OPEN SPACE: GREENWAYS ZONE
OSR-3 OPEN SPACE: STORMWATER
MANAGMENTZONE
RES -3 LOW RISE RESIDENTIAL THREE ZONE
RES -4 LOW RISE RESIDENTIAL FOUR ZONE
RES -5 LOW RISE RESIDENTIAL FIVE ZONE
INS -1 NEIGHBOURHOOD INSTITUTIONAL ZONE
NHC-1 NATURAL CONSERVATION ZONE
ZONE GRID REFERENCE
SCHEDULE NO. 221 AND 238
OF APPENDIX'A'
KITCHENER ZONING BY-LAW 85-1 AND 2019-051
NEED= 1,ZONE LIMITS
FLOODING HAZARD
ECOLOGICAL RESTORATION AREAS
ZONING BY-LAW AMENDMENT ZBA23/014/T/CD
OFFICIAL PLAN AMENDMENT OPA23/009/T/CD
Clti/ of Kitchener I FILE
ZBA23014TCD_MAP1
DEVELOPME T SERVICES DEPARTMENT, PLANNING mxd
NOTICE OF PUBLIC MEETING
for a development in your neighbourhood
50 Thaler Avenue ft 300 Kinzie Avenue
r� I�
Concept Site Plan
1'11/4�41ERhvl *
19M13
Future Relocation of
Elementary City Park
School
lei f ct I I I R
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: December4,2023
Location: Council Chambers,
Kitchener City Hall
200 King Street West
arVirtual Zoom Meeting
Go to kitchener.ca/meetings
and select:
• Current agendas and reports
(posted 10 days before meeting)
• Appear as a delegation
• Watch a meeting
To learn more about this project, including
information on your appeal rights, visit:
www.kitchener.ca/
PlanningApplications
or contact
Craig Dumart, Senior Planner
craig.dumart@ kitchener.ca
519.741.2200 x7073
The City of Kitchener will consider applications to amend the Official Plan and Zoning
By-lawto facilitate a land exchange between the Waterloo Catholic District School Board
and the City of Kitchener to allow for the relocation and development of a City -owned
Park along Thaler Avenue and a future elementary school fronting on River Road East,
Burgetz Avenue and Kinzie Avenue. Page 36 Of 355
Internal memo
KA`J
ZR
Development Services Department www.kitchener.ca
Date: July 19, 2023
To: Craig Dumart
From: Nolan Beatty
Subject: Zoning By -Law Amendment and Official Plan Amendment Application
50 Thaler Avenue, 300 Kinzie Avenue
City of Kitchener, Waterloo Catholic District School Board
ZBA23/014/T/CD
OPA23/009/T/CD
The below comments have been prepared through the review of the supplied Planning Summary
and Opinion letter "50 Thaler Avenue Planning Summary_FINAL.pdf', dated December 2, 2022
prepared by GSP Group Inc.; in support of the above noted applications.
General Comments:
Engineering is in support of the above applications, and proposed land exchange
between the Waterloo Catholic District School Board and the City of Kitchener.
Advisory Comments:
2. There is no existing storm sewer main along the Thaler Avenue frontage (proposed park
location). Any potential stormwater management required would need to be dealt with on
site, or potential agreements made with the adjacent property owner (Waterloo Catholic
District School Board) for directing flows onto their property. This may add potential design
constraints to park design, or even the need for easements.
3. As part of the development/construction of the new park location, closure of the existing
entrance off of Thaler Avenue and relocation of the existing fire hydrant may be required,
this would trigger the Engineering off-site works process to be followed.
Nolan Beatty, C.E.T.
Engineering Technologist
Page 37 of 355
ti
Region of Waterloo
Craig Dumart, MCIP, RPP
Senior Planner
City of Kitchener
200 King Street West, 6th Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Mr. Dumart,
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Melissa Mohr 1-226-752-8622
File: D17/2/23009
C14/2/23014
July 28, 2023
Re: Proposed Official Plan Amendment OPA23/09 and
Zoning By-law Amendment ZBA 23/14 — updated
comments
50 Thaler Drive and 300 Kinzie Drive
City of Kitchener and Waterloo Catholic District School
Board
CITY OF KITCHENER
The City of Kitchener and the Waterloo Catholic District School Board have submitted
an Official Plan Amendment and Zoning By-law Amendment for a development
proposal at 50 Thaler Drive and 300 Kinzie Drive (subject lands) in the City of Kitchener.
The applicant has proposed the development of the site with a new Elementary School
with a childcare centre on the Waterloo Catholic District School property and the City of
Kitchener's property. The applicant is proposing to relocate the existing municipal park
located at the corner of River Road East and Kinzie Avenue to the rear of the site (along
Thaler Avenue) to facilitate the construction of the Elementary School and associated
parking lot that will front along River Road. An Official Plan Amendment and Zoning By-
law Amendment are required to facilitate the relocation of land for the park and
Elementary School.
The subject lands are located in the Urban Area and designated Built Up Area in the
Regional Official Plan. The subject lands are designated Institutional and Open Space in
the City of Kitchener Official Plan and zoned Neighbourhood Institutional (INS -1) and
Document Number: 4443075 Version: 1
Page 38 of 355
Open Space: Greenways in Zoning By-law 2019-051. The applicant has requested an
Official Plan Amendment to redesignate a part of the property where the existing park
area is to Institutional use and the rear of the site from Institutional to the Open Space
Designation to permit the relocation of uses to facilitate the construction of the elementary
school and park on site. The applicant has requested a Zoning By-law Amendment to
permit an elementary school and daycare facility on the portion of the property owned by
the City and the park on the lands currently owned by the School Board. 'Land
exchanges' are also anticipated with this proposal.
The Region has had the opportunity to review the proposal and offers the following:
Regional Comments
Consistency with Provincial Legislation and Regional Official Plan Conformity
The subject lands are designated "Urban Area" and "Built -Up Area" on Map 2 of the
Regional Official Plan (ROP) and is designated Institutional and Open Space in the City
of Kitchener Official Plan.
Within the Urban Area, the Region directs the majority of growth to the Urban Growth
Centers, Major Transit Station Areas, Reurbanization Corridors, Major Local Nodes and
Urban Designated Greenfield Areas. These areas are planned to have a more compact
form with a mix of employment, housing and services in close proximity of each other
and higher frequency transit.
Regional staff understand that the development proposal is located on a planned
cycling route that is within proximity to transit stops. The Region is supportive of the
future school and park as they will contribute to the transition of the existing
neighbourhood into a 15 minute community.
The Region wishes to advise the applicant of the following technical comments related
to the proposal:
Corridor Planning
Environmental Noise:
At this location, the proposed school may encounter environmental noise sources due
to traffic on River Road East. The proponent must undertake a detailed transportation
noise study to assess the potential impacts of transportation noise on the noise -
sensitive development and the study must provide recommendations on any noise
mitigation measures for the proposed development. The accepted mitigation measures
shall be implemented within the building during the construction stage to avoid any
retrofit to the development in the future. Implementation of the mitigation measures shall
be through a development agreement with the Regional Municipality of Waterloo at a
future consent stage (if applicable).
The consultant who prepares the Environmental Noise Study must be on the Region of
Waterloo's Approved List of Noise Consultants and is responsible for obtaining current
Document Number: 4443075 Version: 1
Page 39 of 355
information, applying professional expertise in performing calculations, making detailed
and justified recommendations, and submitting the Consultant Noise Declaration and
Owner/Authorized Agent Statement. The consultant preparing the Environmental Noise
Study must contact Regional staff for transportation data, including traffic forecasts and
truck percentages, for the purpose of preparing the Environmental Noise Study.
Regional staff will provide this data within three weeks of receiving the request from the
noise consultant.
Please note that there is a $500 fee for the preparation of the traffic forecasts and
review of the Environmental Noise Study. The noise consultant preparing the
Environmental Noise Study must submit the transportation data request online via
(https:Hrmow.permitcentral.ca/Permit/GroupApplly?groupld=3).
As the intent of the application is to reconfigure the location of the City's park and
principle land use permits both the school and park, Regional staff strongly
recommends that the City of Kitchener require a Transportation noise study at the future
site plan application stage for the school.
Stationary Noise:
Due to the proposed noise sensitive development (school and daycare site) and its
proximity to noise sensitive developments (single detached residential uses), Regional
staff require a stationary noise study to be prepared for the future school lands. As the
application is to reconfigure the location of the City's park and principle land use permits
the school and park, Regional staff strongly recommend that the City of Kitchener
require a Stationary Noise study at the future site plan application stage to assess
stationary noise sources from the building on on-site sensitive points of reception and
off-site sensitive land uses.
In addition to the above, please be advised that the Region has implemented a
standardized peer review process for environmental noise studies. The detailed noise
study shall be peer reviewed at the applicant's expense and the current fee for
the peer review is $4000.00 + FIST ($4,520.00 Total). This fee shall be required
when the detailed study is submitted to the Region.
Airport Zoning:
Please be advised that the subject lands are located within the Airport Zoning
Regulated area and are specifically located under the flight path with a height restriction
of 44.5m AGL.
The development may be subject to noise and the presence of flying aircrafts.
More details shall be required at the site plan stage to ensure the proposed school/day
care building and any crane used in the construction of the building will remain below
the 44.5m ASL height restriction.
Document Number: 4443075 Version: 1
Page 40 of 355
As part of a future consent application, the following noise -warning clause shall be
required to be implemented through a registered development agreement with the
Regional Municipality of Waterloo:
"Prospective tenants are advised that this parcel of land is located within or in close
proximity to one of the flight paths leading into and out of the Region of Waterloo
International Airport and that directional lighting along this path and noise from aircraft
using the flight path may cause concern to some individuals."
Site Plan Application Stage:
Grand River Transit (GRT)/Transit Planning
The subject property is served by Grand River Transit (GRT) Route 1, which travels two
ways on both River Road and Kinzie Avenue. This site is served by GRT stop #3480
adjacent to the property to the south on Kinzie Avenue and GRT stop #3479 across on
River Road East, each stop consisting of a landing pad.
To facilitate transit to the proposed school, transit stop #3480 on Kinzie Ave will be
relocated onto the River Road frontage and the applicant will be required to construct a
concrete landing pad 9.5m in length and the full width of the boulevard approximately
(no less than) 6m from the sidewalk. The exact location of the stop will be determined
through the Site Plan Application.
In addition, Regional staff recommend that the City of Kitchener provide "no stopping"
signage for vehicular traffic on Kinzie Avenue adjacent to the school to facilitate GRT
bus and vehicular movements.
Risk Management/Part 4 Area of the Clean Water Act
Please be advised that the subject lands at 50 Thaler Avenue and 300 Kinzie Avenue,
Kitchener are in a source protection area where Risk Management or prohibition polices
implemented by the Region of Waterloo may apply; therefore, a Notice of Source
Protection Plan Compliance (Valid Section 59 Notice) is required.
Under the 2022 Grand River Source Protection Plan, a Risk Management Plan for salt
application may be required for proposed and/or altered surface parking and vehicle
driveway areas greater than eight (8) parking spaces or 200 square metres. Design
considerations with respect to salt management that will form the Risk Management
Plan include; minimizing the transport of meltwater across the parking lots or driveways;
directing downspouts away from paved areas; and, locating snow storage areas on
impermeable (i.e. paved) surfaces that drain directly to catch basins.
In addition, a Risk Management Plan for storm water management may be required if
any engineered and/or enhanced infiltration features are proposed on site. Please be
advised that the subject lands are within a chloride Issue Contributing Area and the
Region of Waterloo does not support any engineered and/or enhanced infiltration of
runoff originating from paved surfaces within chloride Issue Contributing Areas.
Document Number: 4443075 Version: 1
Page 41 of 355
Engineered and/or enhanced infiltration features may include ponds, infiltration
galleries, permeable pavers, ditches, swales, oil -grit separators, etc.
Please visit the TAPS(https://taps.regionofwaterloo.ca) to determine all applicable
source protection plan requirements, and to contact the Risk Management Official
(rmo(d,regionofwaterloo.ca) as required. Please allow sufficient time to negotiate the
Risk Management Plan, if required, as a notice will not be issued until a signed Risk
Management Plan is complete.
Hydrogeology and Source Water Protection
The subject lands are located in Intake Protection Zone 2; therefore, as part of a future
site plan application, a salt management plan shall be required if this requirement is not
addressed through a Risk Management Plan as described above.
Regional Water Services
Please be advised that no connection to regional watermains shall be permitted in
accordance with Section. B.2.1.4.1 of the Design Guidelines and Supplemental
Specifications for Municipal Services, February, 2022.
Fees:
The City of Kitchener is the applicant. Regional Application fees do not apply to
applications made by the Area Municipalities.
Follow Up:
Based on the above, the following shall be addressed to the Region's satisfaction prior
to City Council's consideration of the Official Plan and Zoning By-law Amendments:
1. Obtain a valid Section 59 Notice.
Conclusions:
Once the above has been addressed to the Region's satisfaction, the Region has no
objection to the above noted applications. The Region of Waterloo strongly
recommends that the City of Kitchener require a detailed transportation and stationary
noise study at the future site plan stage to ensure there are no impacts from
transportation or stationary noise on the noise sensitive development and adjacent
noise sensitive land uses.
Furthermore, please be advised that any future development on the lands subject to the
above -noted application will be subject to the provisions of Regional Development Charge
By-law 19-037 or any successor thereof.
Document Number: 4443075 Version: 1
Page 42 of 355
Further, please accept this letter as our request for a copy of the decision pertaining to
this application. Should you have any questions, please do not hesitate to contact me.
Yours truly,
Melissa Mohr, MCIP, RPP
Senior Planner
C. City of Kitchener C/O Karen Leasa (Applicant)
Document Number: 4443075 Version: 1
Page 43 of 355
Craig Dumart
From: Evelyn McGuffin
Sent: Wednesday, September 6, 2023 2:42 PM
To: Craig Dumart
Subject: Vacant lot at Thaler Av
[You don't often get email frorr . Learn why this is important at
https://aka.ms/LearnAboutSenderldentification ]
Hello Craig
I have been away so I just now see the sign for possible options of the lot at Thaler Av
Here are my several thoughts:
I think a school would be fantastic as Lackner Woods and Chicopee Hills already have portables
A school that also could provide play area and soccer and ball diamond etc
Or
A badly needed community Centre with a pool and recreational facilities- Stanley Park Comm Ctr is small and needs
more space and classes are so full and that says we need more recreational opportunities here in this part of Kitchener
Lyll Hallman is also small and serves up that way !!
What serves in this Thaler area and it is growing leaps and bounds !
Look at the Fergus Development !!!
And Briarmeadow area
Nothing handy for those families
Many new families are buying the older homes and need parks or facilities '
This area is growing substantially and many young families are moving here
Along Fairway Rd they are building yet another office strip mall opposite Chicopee School !
We need Parks Play area !
What if we had something like what Orangeville has ?? An amazing play park and water park amd splash area and soccer
field.
A field for baseball , soccer and play area and splash pad much like the one near Doon !
Imagine how that brings a
Community
together
1
Page 44 of 355
People need a place to go beside shop ! !!
Green space and parks are too few near here
lam
Close to Springmount Park which got a retrofit but still skimpy and old.
Hope it is a wonderful opportunity to make this area better I! Greener and useful for people please
Ps crazy I think how Chicopee Hill is amazing green space and it has NO trespassing !!!
Thankyou
Eve McGuffin
Page 45 of 355
Craig Dumart
From: Ryan Peddle
Sent: Tuesday, July 25, 2023 12:24 PM
To: Craig Dumart
Subject: Comments regarding St Patrick School Parking Lot
You don't often get email from earn why this is important
Hello, thank you for the opportunity to hear from local residents regarding the new Catholic school and the rezoning
change to switch the new incoming park with the new incoming parking lot.
I'd like to add my voice to others asking for the new park to remain where it is and the parking lot to remain off of Thaler
Ave. Reasons:
- the new location moves the park 350m towards Idlewood Park, nearby residents don't have another closer park.
- Google calculates the new walking time to be 3 minutes, but that is for the average individual. Folks coming to this park
are parents/grandparents with small children, I think it's fair to call this 5 minutes instead.
- There and back is now an extra 10 minutes at 700m. That is a lot of inconvenience for the more vulnerable in our
society, which leads me to the last point:
- car commuters to the school are hardly, if at all, inconvenienced by the extra 15 seconds of driving time to enter off of
Thaler Ave. I understand the planners find this change to be more efficient for land use and not the commute however
they are thinking of the employers/employees convenience over that of parents with small children who are more
negatively effected but the change.
I think the outcome of this change is inherently negative for the residents who live in the area, especially if they are
located east of River Rd.
Thank you for taking the time to read these comments,
Ryan Peddle
Page 46 of 355
Craig Dumart
From:
Sent:
To:
Subject:
You don't often get email from
Typo in address - see below.
---------- Forwarded message
From: Kenndal Soulliere
Kenndal Soulliere
Wednesday, June 21, 2023 2:12 PM
Craig Dumart
Fwd: 50 Thaler and 300 Kinzie Ave - Exchange
Date: Wed, Jun 21, 2023 at 2:10 PM
Subject: 50 Thaler and 300 Kinzie Ave - Exchange
To: <craig.dunmart@kitchener.ca>
Cc: Dave Schnider <dave.schnider@kitchener.ca>
Hi Craig,
why this is important
Thank you for the notice of exchange of lands for the Kinzie Park and the new St. Patrick School. Please add me to a
contact list for the proposed.
I have a couple of comments and concerns on the proposed.
1) Engage Kitchener and their consultants put forward their proposed design for Kinzie Park in December 2022 after
months of consultation. What is the plan for this park if the exchange of lands is successful? I hope that the construction
tender did not include any updates to Kinzie as originally planned and that the Parks Improvement team is being
consulted with.
2) Is the school board or the City undertaking tree inventory and an arborist report? Throughout the current school
board property there are many dead trees that need to be removed. I'm curious about what killed these trees if it was
caused by the demolition of the previous school, ground contamination, or disease. The current City of Kitchener
property has some very mature and healthy trees on the boulevard that I would expect are maintained despite staff
parking.
3) Should council and planning approve this exchange, when is the expected timeline for the build?
3) Both Thaler and River Road are in disrepair. Are either of these roads expected to have improvements in the coming
years that would need to be planned around the building of a new school? Either new infrastructure or a shave and
pave?
Thank you for your time,
Kenndal Soulliere
Page 47 of 355