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HomeMy WebLinkAboutDSD-2024-092 - Official Plan Amendment Application OPA24/003/L/AP - Zoning By-law Amendment Application ZBA24/003/L/AP - Kitchener Waterloo Christian School Society - 15 Laurentian DriveStaff Report Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: April 22, 2024 SUBMITTED BY: Garett Stevenson, Director of Development & Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668 WARD INVOLVED: Ward 6 DATE OF REPORT: April 5, 2024 REPORT NO.: DSD -2024-092 SUBJECT: 15 Laurentian Drive Official Plan Amendment Application OPA24/003/L/AP Zoning By-law Amendment Application ZBA24/003/L/AP Owner: Kitchener Waterloo Christian School Society RECOMMENDATION: That Official Plan Amendment Application OPA24/003/L/AP for Kitchener Waterloo Christian School Society be adopted, in the form shown in the Official Plan Amendment attached to Report DSD -2024-092 as Attachment `A' and, accordingly, forwarded to the Regional Municipality of Waterloo for approval; and That Zoning By-law Amendment Application ZBA24/003/L/AP for Kitchener Waterloo Christian School Society be approved in the form shown in the Proposed By-law and Map No. 1, attached to Report DSD -2024-092 as Attachment `B'. REPORT HIGHLIGHTS: The purpose of this report is to evaluate and provide planning recommendations regarding the Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA) Applications requested by Kitchener Waterloo Christian School Society for the subject property, addressed as 15 Laurentian Drive. It is Planning staff's recommendation that the OPA be adopted and the ZBA be approved. The proposed amendments would permit future expansion options for the abutting Laurentian Hills Christian School, located at 11 Laurentian Drive, which is under the same ownership. The subject property may be used for an expansion of the existing surface parking area or to accommodate additional outdoor play space for students. Community engagement included: o Circulation of a preliminary notice letter to property owners within 240 metres of the subject property; o Installation of a notice sign on the property; o Virtual neighbourhood meeting held on January 30, 2024; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 66 of 400 o Postcard advising of the statutory public meeting was circulated to all property owners and occupants within 240 metres of the subject property and those who responded to the preliminary circulation; o Notice of the public meeting was published in The Record on March 28, 2024. This report supports the delivery of core services. These applications were deemed complete on January 20, 2024. The Applicant can appeal these applications for non -decision after May 19, 2024. EXECUTIVE SUMMARY: The owner of the subject property is requesting to change the land use designation from `Low Rise Residential' to `Institutional' in the City of Kitchener Official Plan and to change the zoning from `Low Rise Residential Two Zone (RES -2)' to `Neighbourhood Institutional Zone (INS -1)' with Site Specific Provision (391). These amendments would permit future expansion options for the abutting Laurentian Hills Christian School, which is under the same ownership. The property may be used for an expansion of the existing surface parking area or to accommodate additional outdoor play space for students. The Region of Waterloo has requested the site specific provision to prohibit geothermal wells. Planning staff recommends that the Official Plan Amendment be adopted, and the Zoning By-law Amendment be approved. BACKGROUND: Kitchener Waterloo Christian School Society has made applications for an Official Plan Amendment (OPA) and a Zoning By-law Amendment (ZBA) for the property addressed as 15 Laurentian Drive, shown in Figure 1. These applications will permit future expansion options for the abutting Laurentian Hills Christian School (private school) located at 11 Laurentian Drive, which is under the same ownership. Through a separate, future planning application, the owner also is considering the possibility of an expansion of / renovation to the existing school building that would occur on the 11 Laurentian Drive property only (not the subject property). This proposal may involve changes to the north side of the existing school building and an update to the surface parking area. After the OPA and ZBA have been decided, the applicant may submit a Site Plan Application to clarify the details of how 15 Laurentian Drive would function with the overall changes to the school site. Page 67 of 400 x n 73 C s m°m � p4; + SUBJECT o AREA 1 x, 0 m Figure 1 — 15 Laurentian Drive ("Subject Area" The subject property is presently designated "Low Rise Residential' in the 2014 Official Plan and is zoned "Low Rise Residential Two Zone (RES -2)" in By-law 2019-051. The RES -2 Zone permits primarily low density residential uses: Single Detached Dwelling, Attached Additional Dwelling Units, Detached Additional Dwelling Units, Hospice, Small Residential Care Facility, and Home Occupation. Site Context The subject property has approximately 13.7 metres of frontage on the south side of Laurentian Drive, east of Westmount Road East, within the Laurentian Hills Planning Community. The property is approximately 522 square metres in area and is located immediately north and east of Laurentian Hills Christian School (private school). The property contains a single detached dwelling that was constructed in approximately 1971 as part of the low rise residential subdivision to the east. The subject property is located close to several other schools: • Laurentian Public School (WRDSB) — located 70 metres to the west, on the opposite side of Westmount Road East; • Trillium Public School (WRDSB) — 225 metres to the east; and • Monsignor Haller Catholic School (WCDSB) — 520 metres to the east. Laurentian Hills Plaza (including, for example, Freshco, Remax, Anytime Fitness) and a recently constructed commercial building (pharmacy / drug store and professional offices) are located on the opposite side of Laurentian Drive. The lands south of Laurentian Hills Christian School are used as a 60 -metre -wide hydro corridor and community path. A low density residential neighbourhood is located further to the south. The property was purchased by the current owners in 2015 and is being rented for residential purposes. The current tenants were advised in early November 2023 that they would be required Page 68 of 400 to relocate by June 30, 2024. At this time, no formal offers have been made by the school with respect to assisting with the move. Planning staff has confirmed that 15 Laurentian Drive (subject property) and 11 Laurentian Drive (abutting school property) have merged under the Planning Act and are legally considered one property. However, for the purposes of this report and for simplicity, these are referred to as individual properties. REPORT: The owner is requesting an Official Plan Amendment (OPA) and a Zoning By-law Amendment (ZBA) to permit future expansion options for the abutting Laurentian Hills Christian School located at 11 Laurentian Drive, which is under the same ownership. The property may be used for an expansion of the existing surface parking area or to accommodate additional outdoor play space for students. A conceptual plan showing an outdoor play space for school students is provided below (Figure 2). However, it should be noted that the owner is still exploring all options for expansion. Accordingly, the purpose of the subject OPA and ZBA is to change the overall permitted land use to institutional and to provide expansion options, not to facilitate a specific development proposal / site concept. In any event, the owner intends to ultimately demolish the existing single detached dwelling at some future point in time. Page 69 of 400 15 Laurentian Drive Preliminary Concept (Potential Expansion Option): Outdoor Play Space For School 11 Laurentian Drive - Existing School Use Laurentian Drive 44 I I I Existing E Low Rise I Residential Use L— -- — — ------------- Kitchener Waterloo Christian Society Preliminary Concept 15 Laurentian GS P group Snla12 I9 ,be, 12, Ani F jw No.: nisi I Dawn By. EF Figure 2 — Preliminary Concept (Potential Expansion Option): Outdoor Play Space for School Students Page 70 of 400 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 (emphasis added): d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; 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; i) The adequate provision and distribution of educational, health, social, cultural and recreational facilities; j) The adequate provision of a full range of housing, including affordable housing; 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. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020. 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) provides policy direction on matters of provincial interest related to land use planning and development. Policy 1.1.1 of the PPS states that healthy, livable, and safe communities are sustained by several means including, "accommodating an appropriate affordable and market-based range and mix of residential types (including single -detached, additional residential units, multi -unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs." (emphasis added) The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Page 71 of 400 To support Provincial policies relating to the optimization of infrastructure, transit and active transportation, the requested Official Plan designation and zoning facilitate the expansion of institutional use; the subject property is located near bus transit (including Npress service and local GRT routes); and the proposal makes use of both existing roads and active transportation networks. The property is serviced and is in proximity to parks, trails and other community uses In addition, Policy 1.3.1 of the PPS states that, "Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment, institutional, and broader mixed uses to meet long-term needs". Planning staff is of the opinion that the requested amendments will increase the viability of an existing institutional use and enhance the mix of uses within the community, thereby promoting economic development and competitiveness. It should be noted that the expansion of land for institutional use is rare, and the subject applications represent a unique opportunity to add to the City's institutional land inventory. Moreover, no new public roads or services would be required for the proposal. 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 achievement of complete communities that are designed to support healthy and active living and meet people's needs for daily living throughout an entire lifetime, and feature a mix of land uses, convenient access to stores, services, and public service facilities. Making efficient use of land and infrastructure, providing for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation is important. Policy 2.2.1.4 states that applying the policies of the Growth Plan will support the achievement of complete communities that (emphasis added): 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. The subject lands are located within the City's delineated Built -Up Area. Planning staff is of the opinion that the requested amendments will assist in achieving a complete community by expanding the existing, viable institutional use. The impact of losing one residential unit is Page 72 of 400 negligible considering the thousands of dwelling units that have been approved and not yet built or are within the planning phase. Planning staff is of the opinion that the requested amendments 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. 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. The proposal assists the gradual transition of existing neighbourhoods within the Region into 15 - minute neighbourhoods with a broad mix of land uses where people can meet their daily needs for goods, services, and employment within a 15 -minute trip by walking, cycling, and rolling, and where other needs can be met by taking direct, frequent, and convenient transit. 15 -minute neighbourhoods include an appropriate mix of jobs, local stores, and services, a full range of housing, transportation options and public service facilities. They are also age -friendly places and may take different shapes and forms appropriate to their contexts. The requested amendments will increase the land area devoted to an institutionally designated and zoned property, thereby facilitating the expansion of an existing institutional use. Such increases are rare, and allocation of new institutional land typically occurs only during the initial application of small pockets of land through secondary and community planning exercises. The expansion may also increase the usability / functionality of the school use. Development in the Built -Up Area is intended to provide gentle density that assists in providing opportunities for residents to use alternative forms of transportation (e.g., walking, rolling, strolling). The school is adjacent to an existing transit route (Route 12/Westmount) and is located adjacent to Regional and City roads where sidewalks and trails are located, facilitating walking to/from the existing school. Section 25 of the Regional Official Plan establishes policies for intensification targets within the Delineated Built -Up Area, which is set at 60% annually for the City of Kitchener. It is not intended that the 60% target would apply to individual developments, but rather that it is to be achieved over the entire Built -Up Area. Planning staff advises that many other development opportunities exist to achieve the intensification target. The Region of Waterloo has indicated it has no objections to the proposed application, subject to site specific provision in the Zoning By-law prohibiting geothermal wells (see Attachment `D'). The Region prohibits geothermal energy systems within wellhead protection sensitive areas because they have the potential to contaminate ground water — the region's main source for drinking water. Planning staff is of the opinion that the applications conform to the Regional Official Plan. Requested Official Plan Amendment to City of Kitchener Official Plan, 2014: The applicant is requesting to change the land use designation of the subject property from Low Rise Residential to Institutional. No other changes to the Official Plan are requested. Planning staff commentary regarding applicable Official Plan policies and the details of the requested amendment are below. The City of Kitchener Official Plan (OP) provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and Page 73 of 400 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 subject property is identified as Community Areas on Map 2— Urban Structure of the Official Plan. The planned function of this Urban Structure Component is to provide for residential uses and non-residential supporting uses intended to serve the immediate residential areas. Policy 3.C.2.51 states, "Within areas identified as Community Areas on Map 2 the applicable land use designation may include Low Rise Residential, Medium Rise Residential, High Rise Residential, Open Space, Institutional and/or Major Infrastructure and Utilities as shown on Map 3 and detailed in Sections 15.D.3, 15.D.7, 15.D.10 and 15.D.11" (emphasis added). The applicant is not requesting a change to the urban structure. Land Use Designation The subject property is currently designated Low Rise Residential on Map 3 — Land Use of the City of Kitchener Official Plan. The Low Rise Residential land use designation is intended to accommodate a full range of low density housing types, including single detached dwellings, additional dwelling units, semi-detached dwelling, street townhouse dwellings, cluster townhouses, low-rise multiple dwellings, special needs housing, and other forms of low density residential use. The current designation permits a maximum Floor Space Ratio of 0.6, but site-specific increase up to 0.75 may be considered where it can be demonstrated that the increase is compatible and meets the general intent of the Official Plan. The maximum height limit in the Low Rise Residential designation is 3 storeys or 11 metres, though heights may be increased to 4 storeys or 14 metres in certain circumstances. Within this designation, the predominant land use is residential. However, it is intended that complementary non-residential land uses be integrated, subject to locational criteria and zoning. As aforementioned, the applicant is requesting to change the land use designation of the subject property from Low Rise Residential to Institutional. No other changes to the Official Plan are requested. The Official Plan states that the primary use of land designated Institutional is for institutional uses that that are of a community or regional nature (e.g., secondary and post- secondary educational facilities, long-term care facilities, and social, cultural and administrative facilities). This designation also includes small-scale institutional uses that are compatible with nearby uses such as public and private elementary schools, libraries, day care centres, and places of worship. It should be noted that the City's institutional land inventory is vulnerable to attrition through conversion because residential development tends to yield higher property values than institutional uses. Accordingly, Policy 15.D.7.3 states that, "The City may designate small scale institutional uses as Institutional in order to protect areas for institutional use and ensure their continued contribution to supporting a complete community." This policy highlights the importance of protecting institutional uses and ensuring their continuation. It also highlights the valuable contribution that institutional lands make in achieving complete community. Policy 15.D.7.5 provides direction for considering an OPA for new institutional uses. Although the subject OPA is not for a new institutional use, but rather an expanded institutional use, this policy nonetheless provides useful guidance. Under this policy, the City is to have regard to the following considerations: Page 74 of 400 Policy Consideration Planning Staff Response Number a) The lands are within walking distance to The subject property is on the GRT local existing or planned public transit. route #12 and within 680m of iXpress route #201. b) The location would contribute to creating The proposal would expand an existing, and maintaining a walkable and viable institutional use, thereby supporting complete community. the planned function and complete community. C) The lands can incorporate a strong The proposal may strengthen the existing focus on the creation of links for institutional use, which may support use of pedestrians and cyclists with existing active transportation networks that surrounding uses. are in the neighbourhood. d) The compatibility of the proposed The subject lands are likely to be used for community institutional use with play space or parking area to support the surrounding height, massing and scale existing institutional use. No buildings are of other community institutional uses or proposed on the subject property. The Site adjacent residential buildings. Plan Approval process would review physical changes to the site and assist with ensuring compatibility. e) Whether the lands are of an appropriate The lands would expand the existing size to accommodate such use, institutional use, including the possibility of buffering as necessary to ensure an enlarged parking area. Any institutional compatibility with adjacent uses, use on adjacent low rise residential recreational amenities as necessary and development would be buffered or sufficient on-site parking. mitigated through the site plan process, fencing, and zoning (e.g., setbacks). f) The location of community institutional The applicant advises that while there are uses to form neighbourhood focal points no formal agreements in place, the and to facilitate and encourage the existing surface parking facility and sharing of complementary facilities. playground/play fields are regularly used informally by the surrounding community; it is expected that this will continue. In addition, the gym is regularly rented out to several community sports groups and organizations; it is expected that this practice will also continue. Also, the subject applications would increase the size of the existing institutional hub, noting there are 4 existing schools in the area. g) The adequacy of municipal The City's Engineering Services advises infrastructure. that it has no concerns with the subject applications, regarding infrastructure or otherwise. h) For large sized institutional uses, the The abutting private school is not lands are located on a Regional Road, considered a large-sized institutional use. Arterial Street or Major Community Notwithstanding, while Map 11 identifies Collector Street. Laurentian Dr as a Minor Neighbourhood Collector Street, Westmount Rd (which the subject property would have frontage on via consolidation) is identified as a Regional Road. Page 75 of 400 In summary, Planning staff is of the opinion that the requested OPA satisfies the considerations of Policy 15.D.7.5. The requested Institutional land use designation will assist in achieving a complete community by expanding an existing, viable institutional use. The subject property and proposal are close to transit, do not require servicing upgrades, and support and strengthen the use of existing active transportation networks within the neighbourhood. Proaosed Official Plan Amendment Conclusions The Official Plan Amendment Application requests that the land use designation as shown on Map 3 — Land Use of the 2014 Official Plan be changed from Low Rise Residential to Institutional to permit future expansion options for the abutting Laurentian Hills Christian School. The subject property may be used for an expansion of the existing surface parking area or to accommodate additional outdoor play space for students. Based on the above noted policies and analysis, Planning staff is of the opinion that the requested OPA represents good planning and recommends that it be adopted in the form shown in Attachment W. Requested Zoning By-law Amendment to Zoning By-law 2019-051: The subject lands are currently zoned Low Rise Residential Two Zone (RES -2) in Zoning By-law 2019-051. The existing zoning permits a variety of low density residential land uses, as follows: • Single Detached Dwelling, • Additional Dwelling Units (both Attached and Detached), • Hospice, • Small Residential Care Facility, and • Home Occupation. The applicant is requesting an amendment to change the zoning from Low Rise Residential Two (RES -2) to Neighbourhood Institutional (INS -1) under By-law 2019-051. The Institutional zoning provisions state that, "The Institutional zones apply to lands designated Institutional in the Official Plan." Accordingly, the requested `INS -1' Zone appropriately implements the Institutional land use designation of the Official Plan. The `INS -1' Zone permits a wide variety of institutional uses, as follows: • Adult Education School • Artisan's Establishment • Cemetery • Community Facility • Continuing Care Community • Cultural Facility • Day Care Facility • Elementary School • Funeral Home • Health Clinic • Hospice • Hospital • Large Residential Care Facility • Place of Worship • Post -Secondary School • Secondary School Page 76 of 400 Small Residential Care Facility Social Service Establishment A comparison of the current `RES -2' Zone and requested `INS -1' Zone is provided below, along with a comparison / commentary by Planning staff: Regulation Current RES -2 Zone Requested Planning Staff Comparison / (Regulations for INS -1 Comment Single Detached Zone Dwellings) Min Lot Area 411 square metres N/A No comment. Min Lot Width 13.7 metres 15 metres The subject property is only 13.75m wide. However, Planning staff have confirmed that the subject property has merged on title with the abutting school property and, therefore, the width is greater than 15 metres. Accordingly, this issue has been resolved. Min Front Yard Minimum front yard 6 metres If the school building was to Setback shall be the expand in the future, the established front yard minimum setback would be minus one metre reasonably consistent with the (Appendix D) Laurentian Drive street wall, which is estimated to have an average setback of 7.5 metres. Max Front Yard The maximum front N/A No comment. Setback yard shall be the established front yard plus one metre (Appendix D) Minimum Interior 1.2 3 metres This setback would be Side Yard Setback superseded by the below regulation (i.e., minimum yard setback to a lot with a low rise residential zone). Minimum yard N/A 7.5 metres This 7.5m will provide an setback abutting a adequate buffer to the adjacent lot with a low rise single detached dwelling should residential zone the school building expand in the future. The existing single detached dwelling will become legal non -conforming until its expected future demolition. Minimum Rear Yard 7.5 metres 7.5 metres No comment. The setbacks are Setback the same. Maximum Lot 55% N/A No comment. Coverage Maximum Building 11.0 metres 14 metres Building height in INS -1 is a full Height storey higher, however, the Page 77 of 400 In addition, as discussed in the Regional Official Plan section of this report, the Region has requested that a site specific provision be applied to prohibit geothermal wells. Both Planning staff and the applicant are agreeable to the application of this provision. Proposed Zoning By-law Amendment Conclusions: Based on the above zoning review, Planning staff is of the opinion that the requested ZBA represents good planning. The requested zoning would properly implement the Official Plan designation requested through the corresponding OPA and would permit the enlargement of the institutional land use as well as the institutional expansion options contemplated by the applicant. In this regard, Planning staff recommends that the ZBA be approved in the form shown in Attachment `B'. Department and Agency Comments: Preliminary circulation of the OPA and ZBA applications was undertaken on January 16, 2024 to applicable City departments and other review authorities. All concerns were satisfactorily addressed through the application review. At the request of the Region, Planning staff is recommending a site specific provision to prohibit geothermal wells. Department and Agency comments have been included as Attachment `D'. The following reports, documents, and plans were considered as part of this requested OPA and ZBA applications: • Planning Justification Letter Prepared by: GSP Group, December 13, 2023 • Notice of Source Protection Plan Compliance Prepared by: GSP Group, December 13, 2023 • Preliminary Concept Plan Prepared by: GSP Group (as amended by City staff), December 12, 2023 • Surrounding Uses Map Prepared by: GSP Group, December 2023 Page 78 of 400 setback to low rise residential is also greater (7.5 m), and a 14 m building height is still considered low rise. Planning staff has no concerns. Maximum Floor N/A 1 The subject property has Space Ratio merged with 11 Laurentian Dr, which ensures that compliance will be maintained in the event of any future building expansion. Minimum N/A 20% No comment. Landscaped Area Maximum number 3 N/A Building height in INS -1 is of storeys regulated though the maximum building height regulation which limits the height to 14 m. In addition, as discussed in the Regional Official Plan section of this report, the Region has requested that a site specific provision be applied to prohibit geothermal wells. Both Planning staff and the applicant are agreeable to the application of this provision. Proposed Zoning By-law Amendment Conclusions: Based on the above zoning review, Planning staff is of the opinion that the requested ZBA represents good planning. The requested zoning would properly implement the Official Plan designation requested through the corresponding OPA and would permit the enlargement of the institutional land use as well as the institutional expansion options contemplated by the applicant. In this regard, Planning staff recommends that the ZBA be approved in the form shown in Attachment `B'. Department and Agency Comments: Preliminary circulation of the OPA and ZBA applications was undertaken on January 16, 2024 to applicable City departments and other review authorities. All concerns were satisfactorily addressed through the application review. At the request of the Region, Planning staff is recommending a site specific provision to prohibit geothermal wells. Department and Agency comments have been included as Attachment `D'. The following reports, documents, and plans were considered as part of this requested OPA and ZBA applications: • Planning Justification Letter Prepared by: GSP Group, December 13, 2023 • Notice of Source Protection Plan Compliance Prepared by: GSP Group, December 13, 2023 • Preliminary Concept Plan Prepared by: GSP Group (as amended by City staff), December 12, 2023 • Surrounding Uses Map Prepared by: GSP Group, December 2023 Page 78 of 400 Community Input & Staff Responses WHAT WE HEARD 140 households (occupants and property owners) were circulated and notified 2 people/households provided comments A City -led Neighbourhood Meeting was held on January 30, 2024 In response to community circulation related to the proposed applications, Planning staff received written responses from 2 households. These are found in Attachment `E'. All comments that staff received from the community regarding the proposal, along with staff responses, are noted below: What Staff Heard from the Community Staff Response Proposed Play Space: Planning staff must clarify that the purpose of the Support for the school getting a green OPA / ZBA is to permit future expansion options for space. the abutting school. The property may be used for an expansion of the existing surface parking area or to accommodate additional outdoor play space for students. The exact usage of the parcel of land is not yet determined. Student Safety: Transportation Services staff notes that there is a Is the field in front of the play structure provision in City's Traffic and Parking By-law to going to be fenced / gated? There is a prohibit stopping adjacent to the school property, traffic safety concern that play space is along Laurentian Drive. If parents are dropping off located close to the pick-up and drop off on Laurentian Drive, community members may areas that the school students' parents contact By-law Enforcement. Through any future use on Laurentian Drive and the parking Site Plan process for a play space, parking area, or lot of the commercial development on the otherwise, City staff will evaluate whether a fence / opposite side of Laurentian Drive. gate is warranted and should be installed. The school's priority should be to use the land for additional parking space. Currently, although the by-law states no on -street parking between 8:30-4pm in the school zone, school students' parents still park on the street to drop-off and pick-up. There is a concern that school students will continue to dart onto the street, between parked cars Planning Conclusions In considering the foregoing, Planning staff recommends that the Official Plan Amendment be adopted, and the Zoning By-law Amendment be approved. Staff is of the opinion that the subject Page 79 of 400 applications are consistent with policies of the Provincial Policy Statement, and conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan. Moreover, the proposal represents good planning. 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 - Bill 109, More Homes for Everyone Act, 2022 introduced a requirement for a municipality to refund planning application fees if a decision is not made within a prescribed timeframe. Decisions on Zoning By-law Amendments, when combined with an Official Plan Amendment, are required within 120 days to retain planning application fees, for applications received after July 1, 2023. A decision must be made by Council prior to May 19, 2024 or the Planning Division must issue an application fee refund of $12,800.00, being 50% of the $25,600.00 Major Zoning By-law Amendment Application fee. The Development and Housing Approvals Division does not have a funding source or budget for refunding planning application fees. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee / Council meeting. A notice sign was posted on the subject property and information regarding the application was posted to the City's website in January 2024. Following the initial circulation referenced below, an additional postcard advising of the Neighbourhood Meeting was sent by mail. A third postcard was mailed with notice of the statutory public meeting was circulated to all owners and occupants within 240 metres of the subject property and those who responded to the preliminary circulation. Notice of the Statutory Public Meeting was also posted in The Record on March 28, 2024 (a copy of the Notice is attached as Attachment `C'). CONSULT — The requested OPA and ZBA were originally circulated to property owners within 240 metres of the subject property on January 19, 2024. In response to this circulation, staff received written responses from 2 households, which are paraphrased as part of this staff report and attached as Attachment `E'. A virtual neighbourhood meeting was held on January 30, 2024, notice for which was sent via postcard to all owners and occupants within 240 metres and those who responded to the original circulation notice. PREVIOUS REPORTS/AUTHORITIES: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan, Regional Municipality of Waterloo, 2015 • City of Kitchener Official Plan, 2014 • City of Kitchener Zoning By-law 2019-051 REVIEWED BY: Tina Malone -Wright — Manager, Development Approvals APPROVED BY: Justin Readman — General Manager, Development Services Page 80 of 400 ATTACHMENTS: Attachment `A' — Proposed Official Plan Amendment Attachment `B' — Proposed By-law and Map No. 1 Attachment `C' — Newspaper Notice Attachment `D' — Department and Agency Comments Attachment `E' — Community Comments Page 81 of 400 AMENDMENT NO. _TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 15 Laurentian Drive Page 82 of 400 AMENDMENT NO. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 15 Laurentian Drive 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 April 22, 2024 APPENDIX 2 Minutes of the Meeting of Planning & Strategic Initiatives Committee APPENDIX 3 Minutes of the Meeting of City Council Page 83 of 400 AMENDMENT NO. —TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 –TITLE AND COMPONENTS This amendment will 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 3 – Land Use by redesignating the portion of lands identified on Schedule `A' from Low Rise Residential to Institutional. SECTION 3 – BASIS OF THE AMENDMENT Plannina Analvsis: 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 (emphasis added): d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; 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; i) The adequate provision and distribution of educational, health, social, cultural and recreational facilities; j) The adequate provision of a full range of housing, including affordable housing; 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. These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020. 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. Page 84 of 400 Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Policy 1.1.1 of the PPS states that healthy, livable, and safe communities are sustained by several means including, "accommodating an appropriate affordable and market-based range and mix of residential types (including single - detached, additional residential units, multi -unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs." (emphasis added) The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit - supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. To support Provincial policies relating to the optimization of infrastructure, transit and active transportation, the requested Official Plan designation facilitates the expansion of institutional use; the subject property is located near bus transit (including Npress service and local GRT routes); and the proposal makes use of both existing roads and active transportation networks. The property is serviced and is in proximity to parks, trails and other community uses In addition, Policy 1.3.1 of the PPS states that, "Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment, institutional, and broader mixed uses to meet long-term needs". Planning staff is of the opinion that the requested amendments will increase the viability of an existing institutional use and enhance the mix of uses within the community, thereby promoting economic development and competitiveness. It should be noted that the expansion of land for institutional use is rare, and the subject applications represent a unique opportunity to add to the City's institutional land inventory. Moreover, no new public roads or services would be required for the proposal. 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 achievement of complete communities that are designed to support healthy and active living and meet people's needs for daily living throughout an entire lifetime, and feature a mix of land uses, convenient access to stores, services, and public service facilities. Making efficient use of land and infrastructure, providing for a range, and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation is important. Policy 2.2.1.4 states that applying the policies of the Growth Plan will support the achievement of complete communities that (emphasis added): 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; Page 85 of 400 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. The subject lands are located within the City's delineated Built -Up Area. Planning staff is of the opinion that the requested amendments will assist in achieving a complete community by expanding the existing, viable institutional use. The impact of losing one residential unit is negligible considering the thousands of dwelling units that have been approved and not yet built or are within the planning phase. Planning staff is of the opinion that the requested amendment conforms 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. 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. The proposal assists the gradual transition of existing neighbourhoods within the Region into 15 -minute neighbourhoods with a broad mix of land uses where people can meet their daily needs for goods, services, and employment within a 15 -minute trip by walking, cycling, and rolling, and where other needs can be met by taking direct, frequent, and convenient transit. 15 - minute neighbourhoods include an appropriate mix of jobs, local stores, and services, a full range of housing, transportation options and public service facilities. They are also age -friendly places and may take different shapes and forms appropriate to their contexts. The requested amendments will increase the land area devoted to an institutionally designated property, thereby facilitating the expansion of an existing institutional use. Such increases are rare, and allocation of new institutional land typically occurs only during the initial application of small pockets of land through secondary and community planning exercises. The expansion may also increase the usability / functionality of the school use. Development in the Built -Up Area is intended to provide gentle density that assists in providing opportunities for residents to use alternative forms of transportation (e.g., walking, rolling, strolling). The school is adjacent to an existing transit route (Route 12/Westmount) and is located adjacent to Regional and City roads where sidewalks and trails are located, facilitating walking to/from the existing school. Page 86 of 400 Section 2.F of the Regional Official Plan establishes policies for intensification targets within the Delineated Built -Up Area, which is set at 60% annually for the City of Kitchener. It is not intended that the 60% target would apply to individual developments, but rather that it is to be achieved over the entire Built -Up Area. Planning staff advises that many other development opportunities exist to achieve the intensification target. The Region of Waterloo has indicated it has no objections to the proposed application, subject to site specific provision in the Zoning By-law prohibiting geothermal wells. The Region prohibits geothermal energy systems within wellhead protection sensitive areas because they have the potential to contaminate ground water — the region's main source for drinking water. Planning staff is of the opinion that the application conforms to the Regional Official Plan Requested Official Plan Amendment to City of Kitchener Official Plan, 2014: The applicant is requesting to change the land use designation of the subject property from Low Rise Residential to Institutional. No other changes to the Official Plan are requested. Planning staff commentary regarding applicable Official Plan policies and the details of the requested amendment are below. The City of Kitchener Official Plan (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 subject property is identified as Community Areas on Map 2— Urban Structure of the Official Plan. The planned function of this Urban Structure Component is to provide for residential uses and non-residential supporting uses intended to serve the immediate residential areas. Policy 3.C.2.51 states, "Within areas identified as Community Areas on Map 2 the applicable land use designation may include Low Rise Residential, Medium Rise Residential, High Rise Residential, Open Space, Institutional and/or Major Infrastructure and Utilities as shown on Map 3 and detailed in Sections 15.D.3, 15.D.7, 15.D.10 and 15.D.11" (emphasis added). The applicant is not requesting a change to the urban structure. Land Use Designation The subject property is currently designated Low Rise Residential on Map 3 — Land Use of the City of Kitchener Official Plan. The Low Rise Residential land use designation is intended to accommodate a full range of low density housing types, including single detached dwellings, additional dwelling units, semi-detached dwelling, street townhouse dwellings, cluster townhouses, low-rise multiple dwellings, special needs housing, and other forms of low density residential use. The current designation permits a maximum Floor Space Ratio of 0.6, but site-specific increase up to 0.75 may be considered where it can be demonstrated that the increase is compatible and meets the general intent of the Official Plan. The maximum height limit in the Low Rise Residential designation is 3 storeys or 11 metres, though heights may be increased to 4 storeys or 14 metres in certain circumstances. Within this designation, the predominant land use is Page 87 of 400 residential. However, it is intended that complementary non-residential land uses be integrated, subject to locational criteria and zoning. As aforementioned, the applicant is requesting to change the land use designation of the subject property from Low Rise Residential to Institutional. No other changes to the Official Plan are requested. The Official Plan states that the primary use of land designated Institutional is for institutional uses that that are of a community or regional nature (e.g., secondary and post- secondary educational facilities, long-term care facilities, and social, cultural and administrative facilities). This designation also includes small-scale institutional uses that are compatible with nearby uses such as public and private elementary schools, libraries, day care centres, and places of worship. It should be noted that the City's institutional land inventory is vulnerable to attrition through conversion because residential development tends to yield higher property values than institutional uses. Accordingly, Policy 15.D.7.3 states that, "The City may designate small scale institutional uses as Institutional in order to protect areas for institutional use and ensure their continued contribution to supporting a complete community." This policy highlights the importance of protecting institutional uses and ensuring their continuation. It also highlights the valuable contribution that institutional lands make in achieving complete community. Policy 15.D.7.5 provides direction for considering an OPA for new institutional uses. Although the subject OPA is not for a new institutional use, but rather an expanded institutional use, this policy nonetheless provides useful guidance. Under this policy, the City is to have regard to the following considerations: Policy Consideration Planning Staff Response Number a) The lands are within walking distance The subject property is on the GRT local to existing or planned public transit. route #12 and within 680m of iXpress route #201. b) The location would contribute to The proposal would expand an existing, creating and maintaining a walkable viable institutional use, thereby and complete community. supporting the planned function and complete community. C) The lands can incorporate a strong The proposal may strengthen the existing focus on the creation of links for institutional use, which may support use pedestrians and cyclists with of existing active transportation networks surrounding uses. that are in the neighbourhood. d) The compatibility of the proposed The subject lands are likely to be used community institutional use with for play space or parking area to support surrounding height, massing and scale the existing institutional use. No buildings of other community institutional uses or are proposed on the subject property. adjacent residential buildings. The Site Plan Approval process would review physical changes to the site and assist with ensuring compatibility. e) Whether the lands are of an The lands would expand the existing appropriate size to accommodate such institutional use, including the possibility use, buffering as necessary to ensure of an enlarged parking area. Any compatibility with adjacent uses, institutional use on adjacent low rise recreational amenities as necessary residential development would be and sufficient on-site parking. buffered or mitigated through the site Page 88 of 400 In summary, Planning staff is of the opinion that the requested OPA satisfies the considerations of Policy 15.D.7.5. The requested Institutional land use designation will assist in achieving a complete community by expanding an existing, viable institutional use. The subject property and proposal are close to transit, do not require servicing upgrades, and support and strengthen the use of existing active transportation networks within the neighbourhood. Proposed Official Plan Amendment Conclusions: The Official Plan Amendment application requests that the land use designation as shown on Map 3 — Land Use of the 2014 Official Plan be changed from Low Rise Residential to Institutional to permit future expansion options for the abutting Laurentian Hills Christian School. The subject property may be used for an expansion of the existing surface parking area or to accommodate additional outdoor play space for students. Based on the above noted policies and analysis, Planning staff is of the opinion that the requested OPA represents good planning and recommends that it be adopted in the form shown in Schedule `A'. SECTION 4—THE AMENDMENT The City of Kitchener Official Plan (2014) is hereby amended as follows: a. Amend Map No. 3 — Land Use by designating the lands municipally addressed as 15 Laurentian Drive as Institutional instead of Low Rise Residential, as shown on the attached Schedule W. Page 89 of 400 plan process, fencing, and zoning (e.g., setbacks). f) The location of community institutional The applicant advises that while there uses to form neighbourhood focal are no formal agreements in place, the points and to facilitate and encourage existing surface parking facility and the sharing of complementary facilities. playground/play fields are regularly used informally by the surrounding community; it is expected that this will continue. In addition, the gym is regularly rented out to several community sports groups and organizations; it is expected that this practice will also continue. Also, the subject applications would increase the size of the existing institutional hub, noting there are 4 existing schools in the area. g) The adequacy of municipal The City's Engineering Services advises infrastructure. that it has no concerns with the subject applications, regarding infrastructure or otherwise. h) For large sized institutional uses, the The abutting private school is not lands are located on a Regional Road, considered a large-sized institutional use. Arterial Street or Major Community Notwithstanding, while Map 11 identifies Collector Street. Laurentian Dr as a Minor Neighbourhood Collector Street, Westmount Rd (which the subject property would have frontage on via consolidation) is identified as a Regional Road. In summary, Planning staff is of the opinion that the requested OPA satisfies the considerations of Policy 15.D.7.5. The requested Institutional land use designation will assist in achieving a complete community by expanding an existing, viable institutional use. The subject property and proposal are close to transit, do not require servicing upgrades, and support and strengthen the use of existing active transportation networks within the neighbourhood. Proposed Official Plan Amendment Conclusions: The Official Plan Amendment application requests that the land use designation as shown on Map 3 — Land Use of the 2014 Official Plan be changed from Low Rise Residential to Institutional to permit future expansion options for the abutting Laurentian Hills Christian School. The subject property may be used for an expansion of the existing surface parking area or to accommodate additional outdoor play space for students. Based on the above noted policies and analysis, Planning staff is of the opinion that the requested OPA represents good planning and recommends that it be adopted in the form shown in Schedule `A'. SECTION 4—THE AMENDMENT The City of Kitchener Official Plan (2014) is hereby amended as follows: a. Amend Map No. 3 — Land Use by designating the lands municipally addressed as 15 Laurentian Drive as Institutional instead of Low Rise Residential, as shown on the attached Schedule W. Page 89 of 400 APPENDIX 1: Notice of the Planning & Strategic Initiatives Committee Meeting (April 22, 2024) NOTICE OF PUBLIC MEETING t for a development in your neighbourhood ' 15 Laurentian Drive I NER �o- Have Your Voice Heard! Planning & Strategic Initiatives Committee _._.�._.. 40.4dq «• Date: April 22,2024 4 Location; Council Chambers. Kitchener City Hall k 200 King Street West h. orVirtual Zoom Meeting Go to kitchener.ca/meetings and select Current agendas and reports Concept drawing (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/ iwv PlanningApplications From t.ovd Rise Residential or contact' Andrew Pinnell, Senior Planner to Institutional Use andrew.pinnell a�kitchener.ca 519.741,2200 x7668 The City of Kitchener will consider applications for Official Plan and Zoning By-law amendments to redesignate the property from "Low Rise Residential" to "Institutional" in the Official Plan and to rezone the property from Low Rise Residential Two Zone "RES -2" to Neighbourhood Institutional Zone "INS -1". The property is proposed to be redesignated and rezoned to permit future expansion options for the school located at 11 Laurentian Drive. The lands may be used for an expansion of the existing surface parking area or to accommodate additional outdoor play space for students. Page 90 of 400 APPENDIX 2: Minutes of the Planning & Strategic Initiatives Committee Meeting (April 22, 2024) 10 Page 91 of 400 APPENDIX 3 - Minutes of the Meeting of City Council (April 29, 2024) 11 Page 92 of 400 i < ( z 2� gi.'•i'gi'•i'q• Cl) 0 ya ya ya ya ya ya ya ya ya ya •'�t xi •z 's;i LL Q uj co Yy Yy Yy Yy Yy Yy Yy Yy Yy Yy a a a a a a a .a a a •. 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VI z U)Lo W �.�tx'z•�.�t� PROPOSED BY — LAW 2024 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 — Kitchener Waterloo Christian School Society — 15 Laurentian Drive) 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 Numbers 90 and 91 of Appendix "A" to By-law Number 2019- 051 are 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 Low Rise Residential Two Zone (RES -2) to Neighbourhood Institutional Zone (INS -1) with Site Specific Provision (391). 2. Zoning Grid Schedule Numbers 90 and 91 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. 3. Section 19 of By-law 2019-051 is hereby amended by adding Site Specific Provision (391) thereto as follows: "(391). Within the lands zoned INS -1 and shown as being affected by this subsection on Zoning Grid Schedule Numbers 90 and 91 of Appendix "A", Geothermal Energy Systems shall be prohibited." 4. This By-law shall become effective only if Official Plan Amendment No. _ (15 Page 94 of 400 Laurentian Drive) comes into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P. 13, as amended. PASSED at the Council Chambers in the City of Kitchener this day of , 2024. IV Mayor Clerk Page 95 of 400 �Z w o a w w z O Z w �i LLI ZZ w 0- Z O J W Z p O z N O¢" O N Q wz0N LLm N Q W Z Z p N w ON Of 0o p Z w z 0 O N O x w Q a us 3: O OF- NU3x0�! 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Planning & Strategic Initiatives Committee Date: April 22, 2024 Location: Council Chambers, Kitchener City Hall 200 King Street West orVirtual 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: Andrew Pinnell, Senior Planner andrew.pinnell@ kitchener.ca 519.741.2200 x7668 The City of Kitchener will consider applications for Official Plan and Zoning By-law amendments to redesignate the property from "Low Rise Residential' to "Institutional' in the Official Plan and to rezone the property from Low Rise Residential Two Zone "RES -2" to Neighbourhood Institutional Zone "INS -1". The property is proposed to be redesignated and rezoned to permit future expansion o ons f�forrtl sc is d ted at 11 Laurentian Drive. The lands may be used for an ex a d�{h�xis`M surface parking area or to accommodate additional outdoor play space for students. Andrew Pinnell From: Barbara Steiner Sent: Friday, February 9, 2024 3:02 PM To: Andrew Pinnell Subject: City Envl Planning RE: 15 Laurentian Drive (OPA/ZBA) Andrew: There are no natural heritage features or functions of local, Regional, Provincial or national significance known to be located on, or adjacent to, the subject property. Treed vegetation subject to the City's Tree Management Policy is limited and restricted to planted, landscaping elements. We have no concerns with the OPA or ZBA. At the time of revision to the Site Plan for 11 Laurentian Drive to incorporate this lot, a Tree Preservation / Enhancement Plan (TPEP) should be completed as part of a complete application for review by Urban Design staff. In that regard, we can further advise that a search of historic records does not indicate that there is a condition / requirement to retain trees at 15 Laurentian Drive associated with a previous development approval. HOWEVER, please note the TPEP should confirm that no tree species regulated / protected under the Ontario Endangered Species Act will be impacted. The only tree species that occurs in Kitchener that are so protected are the Butternut / White Walnut and Black Ash, and the Province's Ministry of Environment, Conservation and Parks (MECP) should be consulted if these species are found. It is very unlikely that either of these species is present. Barbara Steiner Senior Environmental Planner I Planning I City of Kitchener 519-741-2200 X7293 I TTY 1-866-969-9994 1 barbara.steinerCakitchener.ca Page 98 of 400 Andrew Pinnell From: Deeksha Choudhry Sent: Wednesday, February 14, 2024 4:44 PM To: Andrew Pinnell; Jessica Vieira; Mike Seiling Subject: Re: Circulation for Comment - 15 Laurentian Drive (OPA/ZBA) Hello, Yes, heritage planning staff have no comments or concerns. Thanks! Kind Regards, Deeksha Choudhry, MSc., BES Heritage Manner) Planning Division 200 King Street West, 6th Floor 519-741-2200 ext. 7602 Deeksha.choudhry@kitchen er.ca City of Kitchener P.O. Box 1118 1 Kitchener ON N2G 4G7 Page 99 of 400 Andrew Pinnell From: Jason Brule Sent: Wednesday, January 17, 2024 2:43 PM To: Andrew Pinnell Subject: RE: Circulation for Comment - 15 Laurentian Drive (OPA/ZBA) Hi Andrew, Engineering has no concerns for this application. Thank you. Regards, Jason Brule, C.E.T. 519-741-2200 ext.7419 Page 100 of 400 Andrew Pinnell From: Dave Seller Sent: Friday, January 19, 2024 9:13 AM To: Andrew Pinnell Subject: TS comments: OPA/ZBA 15 Laurentian Drive City of Kitchener Application Type: Official Plan Amendment OPA24/003/L/AP Zoning By-law Amendment ZBA24/003/L/AP Project Address: 15 Laurentian Drive Comments of: Transportation Services Commenter's name: Dave Seller Email: dave.seller@kitchener.ca Phone: 519-741-2200 ext. 7369 Date of comments: January 18, 2024 Development proposal The owner is proposing to redesignate and rezone the subject property to permit future expansion options for the school located at 11 Laurentian Drive. The lands may be used for an expansion of the existing surface parking area or to accommodate additional outdoor play space for students, including a new play structure. Parking supply analysis If additional vehicle parking is provided within 15 Laurentian Drive that the following, be provided: • Update parking count within the site statistics. • Site plan be updated with new vehicle parking area. • Proper vehicle drive aisles are provided within the parking area. Parallel parking dimensioning be noted on the site plan. o Interior spaces 2.4 m in width and 6.7 m in length o End spaces 2.4 m in width and 5.5 m in length Typical parking drive aisle widths be noted on the site plan. 0 7.3m double loaded parking 0 6.7m single loaded parking 0 6.1m with no parking on either side of the drive aisle. Conclusion Based on the plans submitted, Transportation Services have no concerns with the proposed application to accommodate additional outdoor play space for students, including a new play structure. Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.sellerakitchener.ca Page 101 of 400 Andrew Pinnell From: Sent: To: Subject: Attachments: No concerns with this one. Thank you. Jennifer Arends Jennifer Arends Tuesday, January 16, 2024 1:22 PM Andrew Pinnell FW: Circulation for Comment - 15 Laurentian Drive (OPA/ZBA) 15 Laurentian Dr -Dept Agency Circ Letter.pdf Fire Prevention Officer I City of Kitchener 519-741-2200 Ext. 5509 1 TTY 1-866-969-9994 iennifer.arends(a�kitchener.ca Page 102 of 400 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 15 Laurentian Dr Owner: Kitchener Waterloo Christian School Society Application: OPA24/003/L/AP and ZBA24/003/L/AP Comments Of: Commenter's Name: Email: Phone Date of Comments: Park Planning Lenore Ross Lenore. ross@kitchener.ca 519-741-2200 ext 7427 Jan 17 2024 ❑ 1 plan to attend the meeting (questions/concerns/comments for discussion) X No meeting to be held ❑ I do NOT plan to attend the meeting (no concerns) 1. Documents Reviewed: I have reviewed the documentation noted below submitted in support of an OPA and ZBA to change the land use designation from Low Rise Residential to Institutional and to change the zoning from 'Low Rise Residential Two Zone (RES-2)'to'Neighbourhood Institutional Zone (INS -1)' in Zoning By-law 2019-051 to permit an expansion of the existing surface parking area or to accommodate additional outdoor play space for students, including a new play structure. GSP Group - Preliminary Concept Plan; completed applications; Agency circulation letter. 2. Site Specific Comments & Issues: Parks and Cemeteries has no concerns with the proposed Official Plan and Zoning Bylaw amendments and can provide clearance for these applications to proceed. ADVISORY COMMENT: The municipal boulevard in front of 15 Laurentian Dr has sufficient soil volumes to support a new street tree and tree protection measures and/or required new plantings will be addressed through a required future development application. 3. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Places & Spaces: An Open Space Strategy for Kitchener • Multi -Use Pathways & Trails Masterplan • Urban Design Manual A City for Everyone Working Together— Growing Thoughtfully— Building Community P fU69 of 400 Andrew Pinnell From: Mike Seiling Sent: Wednesday, February 14, 2024 9:40 PM To: Andrew Pinnell; Jessica Vieira; Deeksha Choudhry Subject: Re: Circulation for Comment - 15 Laurentian Drive (OPA/ZBA) Building has no comments or concerns for play ground area. Thanks Mike Mike Seiling Building Division 519.741.2200 Ext. 7669 Page 104 of 400 N* Region of Waterloo Andrew Pinnell Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Pinnell, 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: D17/2/24003 C14/2/24003 February 13, 2024 Re: Proposed Official Plan Amendment OPA 24/03 and Zoning By-law Amendment ZBA 24/03 15 Laurentian Drive GSP Group (C/O Kristen Barisdale) on behalf of Kitchener Waterloo Christian School Society/Laurentian Hills Christian School CITY OF KITCHENER GSP Group has submitted a site-specific Official Plan Amendment and Zoning By-law Amendment Application for a development proposal at 15 Laurentian Drive (referred to as subject lands) in the City of Kitchener. The Owner is proposing to redesignate and rezone the subject lands to permit the future expansion of the school located at 11 Laurentian Drive in Kitchener. The lands may be used for an expansion of the existing surface parking area or to accommodate an additional outdoor play space for students including a new play structure. The subject lands are located in the Urban Area and designated Built Up Area in the Regional Official Plan. The site is designated Low Rise Residential in the City of Kitchener Official Plan and zoned Low Rise Residential Two (RES -2) Zone in the City of Document Number: 4603735 Version: 1 Page 105 of 400 Kitchener Zoning By-law. The applicant has requested an Official Plan Amendment to redesignate the subject lands from the Low Rise Residential to the Institutional Designation and a Zoning By-law Amendment to rezone the subject lands from the Low Rise Residential Two Zone (RES -2) zone to the Neighbourhood Institutional (INS -1) Zone. 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 "Delineated Built Up Area" on Map 2 of the Regional Official Plan (ROP) and the site is designated Low Rise Residential in the City of Kitchener Official Plan. The site is adjacent to an institutional use and the proposal is to facilitate the expansion of the adjacent institutional use (Laurentian Hills Christian School). Built Up Area Policies: Section 1.6 of the Regional Official Plan establishes the overview of the Regional Planning Framework and Section 2.13.1 and 2.0 establish policies for the Urban System. Section 2.F of the Regional Official Plan establishes policies for intensification targets within the Delineated Built -Up Area, which is set at 60% annually for the City of Kitchener. Furthermore, development in the Built Up Area is intended to provide gentle density that's assists in providing opportunities for residents to use alternative forms of transportation (e.g. walking, rolling, strolling). The school is adjacent to an existing transit route (Route 12/Westmount) and is located adjacent to Regional and City Roads where sidewalks and trails are located; facilitating walking to/from the existing school. Regional staff have the following technical comments relating to the proposal: Region of Waterloo International Airport: The development is located within the Airport Zoning Regulations, with a maximum allowable height of 511 m ASL. Should a construction crane be required as part of the construction process for the development, a Land Use Application must be submitted to NAV Canada. The application can be found here: https://www.navcanada.ca/en/aeronautical- information/land-use-program.aspx Further to the above, the development may be subject to noise and the presence of flying aircrafts. As part of a future consent application (if applicable), the following noise - Document Number: 4603735 Version: 1 Page 106 of 400 warning clause shall be required to be implemented through a registered development agreement with the Owner/Developer and the Regional Municipality of Waterloo: "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." Stationary Noise: As there are commercial land uses north of the subject lands and the school and proposed playground are considered a sensitive land use, Regional staff recommend that the following noise warning clause be implemented through a registered development agreement between the owner/applicant and the City of Kitchener through a future consent application (if applicable): "Please be advised that due to the proximity of the adjacent commercial plaza, noise from the commercial plaza may at times be audible." Hydrogeology and Water Programs/Source Water Protection In accordance with Regional Council's position relating to geothermal energy, a prohibition on Geothermal Wells as defined in Chapter 8 of the Region Official Plan shall be implemented within the site specific Zoning By-law amendment, including vertical open and closed loop geothermal energy systems. The required wording for the prohibition is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling, including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. The Regional Municipality of Waterloo will require a salt management plan to be prepared to the satisfaction of the Regional Municipality of Waterloo as part of a future site plan application. Regional staff encourage the Owner/Developer to incorporate the following design considerations with respect to salt management into the design of the site and within the salt management plan: • Ensuring that cold weather stormwater flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the Document Number: 4603735 Version: 1 Page 107 of 400 parking lots or driveway. This also has the potential to decrease the formation of ice and thereby the need for de-icing. • Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways. • Locating snow storage areas on impervious (i.e. paved) surfaces. • Locating snow storage areas in close proximity to catchbasins. • Using winter maintenance contractors that are Smart About SaItTM certified. • Using alternative de-icers (i.e. pickled sand) in favour of road salt. The proponent is eligible for certification under the Smart About SaItTM program for this property. Completion of the SMP is one part of the program. To learn more about the program and to find accredited contractors please refer to: http://www.smartaboutsalt.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Please be advised that the Region does not support infiltration of chloride laden runoff from parking lots. Fees: Please be advised that the Region is in receipt of the Official Plan Amendment review fee of $7,000.00 and the Zoning By-law Amendment Review fee of $3,000.00 (total $10,000) deposited January 25, 2024. Conclusions: The Region has no objection to OPA24/02 and ZBA24/02 subject to the following to be implemented within the Zoning By-law: 1. Inclusion of a geothermal prohibition in the zoning by-law amendment. The required wording for the prohibition is: Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or pipe installation used for geothermal systems, ground -source heat pump systems, geo-exchange systems or earth energy systems for heating or cooling,- including ooling,including open -loop and closed-loop vertical borehole systems. A geothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation. Document Number: 4603735 Version: 1 Page 108 of 400 Next Steps: 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. 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. GSP Group Inc. C/O Kristen Barisdale (Applicant), Kitchener Waterloo Christian School Society (Laurentian Hills Christian School) C/O Carolyn Van Zwol (Owner) Document Number: 4603735 Version: 1 Page 109 of 400 Andrew Pinnell From: Planning <planning@wcdsb.ca> Sent: Thursday, February 1, 2024 3:29 PM To: Andrew Pinnell Subject: RE: Circulation for Comment - 15 Laurentian Drive (OPA/ZBA) You don't often get email from planning@wcdsb.ca. Learn why this is important Good Afternoon Andrew, The Waterloo Catholic District School Board has reviewed the subject application and has no comments to add. If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca. Thank you, Jordan Neale Planning Technician, WCDSB 480 Dutton Dr, Waterloo, ON N2L 4C6 519-578-3660 ext. 2355 Page 110 of 400 Andrew Pinnell From: Heidi Stroeder Sent: Tuesday, February 6, 2024 11:29 AM To: Andrew Pinnell Subject: Regarding proposed 15 Laurentian Hi Andrew, This is Heidi Miller I would have loved to have joined the zoom meeting on January 30, however, I was out of the country. I am excited that the school is getting a green space, it will make the neighbourhood that much nicer. Just had a few questions with the continuing development of this property. Is the development site address 15 Laurentian Dr one of the existing home properties or multiple existing home properties? Is the field in front of the play structure going to be fenced/gated ? I do worry about that play space being close to the pick up and drop off areas that the school's parents use on Laurentian drive and in 720/750 Westmount shopping and professional centres parking lots. Are the children potentially in harms way of this vehicle traffic? I look forward to hearing from you Andrew, and can't wait to see how the proposal will beautify the area! Heidi Sent from my Whone Page 111 of 400 Andrew Pinnell From: Laurie Griffith Sent: Sunday, February 4, 2024 10:27 AM To: Andrew Pinnell Subject: 15 Laurentian Drive Andrew Was away from work and couldn't be around for the meeting Jan 30th for the proposal for 15 Laurentian Drive. If anything my opinion would be to make that land into additional parking space. Right now, although the by-law states no parking between 8:30-4pm in the area of the school, parents of the school still park on the street to drop their children off and pick them up. My concern is the children as I have witnessed and been involved in the kids darting out onto the street in between the cars parked both at drop off and pickup. The school has plenty of land to build playgrounds and or add to the existing one currently there, that really should not be their priority. Thank you for taking your time to read this email Laurie Griffith Page 112 of 400