HomeMy WebLinkAboutDSD-2025-034 - Official Plan Amendment Application OPA24/014/L/BB - Zoning By-law Amendment Application ZBA24/030/L/BB - 288-292 Lawrence Avenue - S&S Stemco Inc. c/o Scott StemerdinkStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: April 14, 2025
SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals,
519-783-8922
PREPARED BY: Brian Bateman, Senior Planner 519-783-8905
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: March 14, 2025
REPORT NO.: DSD -2025-034
SUBJECT: Official Plan Amendment Application OPA24/014/L/BB
Zoning By-law Amendment Application ZBA24/030/L/BB
288-292 Lawrence Avenue
S&S Stemco Inc. c/o Scott Stemerdink
RECOMMENDATION:
That Official Plan Amendment Application OPA/24/014/L/BB for S&S Stemco Inc. c/o
Scott Stemerdink requesting to change the Urban Structure on Map 2 from
`Industrial Employment Areas' to `Community Areas' and Land Use on Map 3 from
`General Industrial Employment' to `Low Rise Residential', be approved, in the form
shown in the Official Plan Amendment attached to Report DSD -2025-034 as
Attachments 'Al', `A2',and `A3'.
That Zoning By-law Amendment Application ZBA24/030/L/BB for S&S Stemco Inc.
c/o Scott Stemerdink be approved in the form shown in the `Proposed By-law', and
`Map No. 1, attached to Report DSD -2024-034 as Attachments `131' and `132'.
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 288-292 Lawrence Avenue. It is planning staff's
recommendation that the Official Plan and Zoning By-law Amendments be approved.
• Staff support the land use change from industrial to residential land use at this location
to increase the residential density permitted for the subject lands.
• The proposed amendments support the creation of 18 dwelling units.
• Community engagement included:
• circulation of a preliminary notice letter to property owners and residents within 240
metres of the subject site;
• installation of a large billboard notice sign on the property;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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o follow up one-on-one correspondence with members of the public;
o Virtual Neighbourhood Meeting held on January 9, 2025;
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 February 22, 2025.
• This report supports the delivery of core services.
• The applications were deemed complete on November 15, 2024. The Applicant can
appeal these applications for non -decision after March 15, 2025.
EXECUTIVE SUMMARY:
The City of Kitchener has received applications to amend the City's Official Plan and
Zoning By-law 2019-051 for properties located at 288-292 Lawrence Avenue. The
amendments seek to change land use permissions from employment uses to residential
uses to permit the development of an 18 -unit, 3 -storey multiple dwelling with 18 surface
parking spaces. While this application seeks to add a more intensive residential use, the
subject lands are not currently used for employment purposes.
Staff have assessed the proposed applications and recommend approval based on the
policy direction of the PPS, assessment of the City's/Region's conversion policies the
rationale provided by the applicant, the proximity of and intermixing of existing low rise
residential land use along sections of Lawrence Avenue and existing infrastructure to
support a change of land use at this location.
BACKGROUND:
The Provincial Planning Statement, Regional Official Plan (ROP) and Kitchener Official
Plan (KOP) all have policy direction to ensure the long term protection of employment
lands through different policy directives.
The former Provincial Policy Statement (replaced by Provincial Planning Statement)
previously required that employment land conversions could only be considered through a
Municipal Comprehensive Review (MCR) and not via applicant -initiated amendment. The
ROP and KOP (supported by the Comprehensive Review of Employment Lands (CREL)
background study) also require a MCR to consider the conversion.
On April 6, 2023, the Province introduced the Helping Homebuyers, Protecting Tenants
Act (Bill 97). Among many other changes, Bill 97 amends the definition of "area of
employment" in the Planning Act, which now means an area of land designated in an
Official Plan for clusters of business and economic uses. The Planning Act goes on to
describe that business and economic uses include uses like manufacturing, research and
development in connection with manufacturing; warehousing/goods movement; associated
retail uses. Further, the Planning Act states that if an institutional or commercial use
(including retail and office) are currently permitted uses in an Official Plan and designated
as employment land, those areas are no longer areas of employment and as such are
allowed to be considered for other uses, through site specific applications.
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The definition of "area of employment" in Bill 97 came into effect on October 24, 2024, to
align with the Provincial Planning Statement (PPS 2024) which came into effect on
October 20, 2024. The PPS 2024 updates the employment area definition as "those areas
designated in an official plan for clusters of business and economic activities including
manufacturing, research and development in connection with manufacturing, warehousing,
goods movement, associated retail and office, and ancillary facilities. An employment area
also includes areas of land described by subsection 1(1.1) of the Planning Act. Uses that
are excluded from employment areas are institutional and commercial, including retail and
office not associated with the primary employment use listed above."
Due to the above-mentioned changes, site specific Official Plan Amendment and Zoning
By-law Amendment applications can now be considered by the City that seek to permit
new non -employment uses (e.g., residential, commercial or institutional) in Kitchener's
employment areas. A MCR is no longer required, but the KOP provides relevant
conversion policies that should be assessed for any such amendment request.
REPORT:
The subject property is comprised of and municipally addressed as 288-292 Lawrence
Avenue, Kitchener and known legally as PT Lot 72 Pt Lot 73 Lot 74, Plan 786 Kitchener. It
is 0.5 hectares in size. The location of the subject property is shown on Map 1. The
subject property is located on Lawrence Avenue between Highland Road (to the south)
and Victoria Street (to the north). The site is located to the northeast of the intersection of
Lawrence Avenue and Paulander Drive.
Photo 1 — Streetview of 288 and 292 Lawrence Avenue
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Map 1: Location of Subject Site
The broader neighbourhood contains a mix of low and medium density residential uses as
well as some institutional uses including a healthcare facility, place of worship, as well as
neighbourhood scale commercial uses along Lawrence Avenue and Paulander Drive. The
site is adjacent to several single detached dwellings to the south and east of the subject
property. Moreover, the site is in close proximity to several medium density land uses,
including townhouse dwellings located at 265 Lawrence Avenue to the south and at 29
Paulander Drive to the west as well as an apartment building located at 43 Montrose
Avenue, which is adjacent to the rear lot line of the subject lands. The variety of land use
is depicted in Map 2 below.
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Map 2 — Context (source — Up Consulting)
Identifier
Description
A
Subject property
B
Hospice Waterloo Region, Hospice Family Centre
C
Townhouses 265 Lawrence
D
Detached residential dwellings
E
Ismaili Community Centre
F
Edgewood residential neighbourhood
G
Multi -tenant commercial building
H
Townhouses (29 Paulander)
I
Belmont Park
J
Multi -tenant commercial building
K
Convenience store/plaza
L
Multiple Dwelling building 43 Montrose
The Highland Road commercial shopping area is within walking distance. Several parks
are nearby, including Belmont Park (immediately to the east); Victoria Park (1.2 km west),
Lakeside Park (1.3 km southwest), Concordia Park (2 km south), and Meinzinger Park (2.2
km southwest). The subject property is located within a two (2) minute walk to a GRT bus
stop (route 20), which provides a direct connection to the Central Station ION Stop on the
intersection of Victoria Street and King Street. It is also located within a five (5) minute
walk to another GRT Bus Stop (route 204), which provides direct connections to
Downtown Kitchener and the Boardwalk.
Development Proposal
The conceptual site plan and front building elevations (facing Lawrence Avenue) are
shown below in Figures 1 and 2, respectively. These were prepared by SRM Architects
and included as part of the complete application submission. The applicant is proposing to
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develop the subject lands with a three (3) storey rental apartment building/multiple
dwelling.
In total, the applicant is proposing 18 one -bedroom dwelling units. Access to the
development is proposed via a drive aisle located on the north side of the property, which
will lead to eighteen (18) surface parking spaces at the rear of the site. Six (6) of these
parking spaces will be located partially below the upper floor building line, with the
remaining twelve (12) provided as open-air parking spaces. One (1) barrier free accessible
parking stall is proposed (Type A). An outdoor amenity space is shown located by the rear
lot line, and an indoor amenity space is proposed on the ground floor. A bike storage room
containing a total of 18 bicycle parking stalls is also proposed on the ground floor.
Two existing dwellings are proposed to be demolished to facilitate the redevelopment of
the lands. The owner is seeking to increase the residential intensity of the property. There
are no employment uses on the property.
Presently there are three (3) tenants who reside in existing residential dwellings located on
the subject lands. The owner advises that one of the tenants has plans to move out of the
province in the near term. The other two tenants are on month-to-month leases. The
owner has committed to providing 6-8 months' notice to each of the tenants prior to
terminating their leases and starting construction. The Owner has also committed to
providing the first right of refusal to the existing tenants once the new building is completed
and will provide relocation support. The City's Rental Replacement By-law does not apply
as there are less than six existing dwelling units on the subject lands.
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Figure 1 — Conceptual Site Plan
Figure 2 — Proposed Building Elevations
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REPORT
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.
As noted above, Bill 97 amended the definition of "area of employment" in the Planning
Act, which now means an area of land designated in an Official Plan for clusters of
business and economic uses. The Planning Act goes on to describe that business and
economic uses include uses like manufacturing, research and development in connection
with manufacturing; warehousing/goods movement; associated retail uses. Further, the
Planning Act states that if an institutional or commercial use (including retail and office) are
currently permitted uses in an Official Plan and designated as employment land, those
areas are no longer areas of employment and as such are allowed to be considered for
other uses, through site specific applications.
These matters of provincial interest are addressed and are implemented through the
Provincial Planning Statement, 2024, 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 Planning Statement, which is currently under review (Kitchener 2051).
Provincial Planning Statement (PPS) 2024:
The Provincial Planning Statement (PPS 2024) encourages the development of livable
communities. It also provides a framework for planning authorities to ensure the wise use
of resources while protecting Ontario's long-term prosperity and environmental and social
well-being. It directs growth to built-up areas and promotes a mix of land uses that
efficiently use resources, minimize negative environmental impacts, and support active
transportation and transit use. As noted in the previous section, the definition of area of
employment has narrowed in scope which would now exclude this section of Lawrence
Avenue as existing permitted land uses include office. The Planning Act states that if an
institutional or commercial use (including retail and office) are currently permitted uses in
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an Official Plan and designated as employment land, those areas are no longer areas of
employment and as such are allowed to be considered for other uses, through site specific
applications. Consequently, Section 2.8.2.5 of the PPS would not apply to 288-292
Lawrence Avenue. Notwithstanding, the Region's/City's existing conversion policies shall
apply until such time as the City prepares its new Official Plan.
Consideration of Provincial Legislation:
The existing Lawrence Avenue land use permissions permit limited retail and office and
would therefore no longer qualify as an area of employment as defined in the Planning
Act. As such, these applications for 288 and 292 Lawrence Avenue may be considered by
the City of Kitchener.
Due to the above-mentioned changes, site specific Official Plan Amendment and Zoning
By-law Amendment applications can now be considered that seek to permit new non -
employment uses (e.g., residential, commercial or institutional) in an employment area. A
MCR is no longer required, but the KOP provides relevant conversion policies that should
be assessed for any such amendment request.
Policy 2.8.1.1 of the PPS 2024 requires the assessment of compatibility in instances
where sensitive uses are proposed in proximity to industrial land uses. The Planning
Justification Report (PJR) prepared by Up Consulting (dated September 18, 2024) reviews
applicable policies from the Provincial Policy Statement 2020, which was in force until
October 20, 2024. The PPS documents and this application provide an emphasis on
intensification within a designated built-up area on serviced land, support an increase to
the range and mix of housing in the City of Kitchener (in this case, purpose-built rental
units), and promote use of alternative modes of transportation to private automobiles
(through the provision of limited parking and proximity to pedestrian infrastructure and
transit options).
Given proximity to general industrial uses, land use compatibility is assessed in Land Use
Compatibility Report (prepared by Up Consulting, dated September 3, 2024), Planning
staff are in general agreement with the findings of the study. Compatibility with existing
industrial and sensitive (residential) uses nearby is also addressed by the Noise Study,
which is discussed in the ROP section below.
Applications proposing to introduce non -employment uses (e.g. residential) on lands
designated "General Industrial" or "Business Park" are no longer subject to an MCR.
Despite this, Official Plan policies (Region and City) encourage the planning and retention
of employment areas that are regionally significant and locally significant. While
conversion of employment areas to non -employment uses can be considered through site
specific amendments, it is not a foregone conclusion that residential or other non -
employment uses are always the best of use these lands. Planning staff acknowledge that
while a MCR is no longer required, it is appropriate to evaluate the proposed applications
against the policy direction in the ROP and KOP for employment land conversions to
determine the appropriateness of the requested land use change.
Regional Official Plan (ROP):
Bill 23, More Homes Built Faster Act, 2022, introduced significant changes to the Planning
Act to streamline the development process and increase housing supply across the
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province. Planning responsibilities from the Region of Waterloo have been transferred to
the City of Kitchener and other area municipalities as of January 1, 2025. As a result, the
Region no longer has a ROP as it is now an Official Plan for area municipalities who are
responsible for implementation of the ROP until it is repealed or amended through a future
Area Municipal planning exercise. For purposes of these applications, Regional staff have
provided their comments on the subject applications prior to January 1, 2025 which have
been consideration in the formation of the planning recommendation of the subject
applications.
The subject lands are designated 'Urban Area' and `Delineated Built -Up Area' in the ROP.
Section 1.6 of the ROP establishes the Regional Planning Framework and Section 2.B.1
and 2.0 establish policies for the Urban System. Section 21 establishes policies and
intensification targets within the Delineated Built -Up Area, which is set at 60 percent
annually for the City of Kitchener. Development in the Built -Up Area is intended to provide
gentle density and support the achievement of 15 -minute neighbourhoods.
ROP policies are reviewed in section 4.d of the Planning Justification Report submitted by
the applicant. The proposed application provides for residential density in a compact mid -
rise built form that will contribute to the achievement of Kitchener's intensification target for
the Delineated Built -Up Area, while providing housing types not widely available in the
immediate neighbourhood (one -bedroom and live/work units). The development is also
located in proximity to a range of commercial and employment land uses and is
appropriately located in proximity to two corridors well -served by transit (Victoria Street
South and Highland Road West), as well as the Henry Sturm Greenway.
Policies that relate to land conversion from employment to non -employment are found it
2.H.1.12 of the ROP. According to the ROP, the Region, in collaboration with the area
municipalities, may permit conversion of lands within existing employment areas to non -
employment uses only through a municipal comprehensive review (MCR) of this Plan
where it has been demonstrated that:
a) there is a need for the conversion;
b) the lands are not required over the horizon of this Plan for employment purposes for
which they are designated;
c) the affected area municipality will maintain sufficient employment lands to
accommodate the forecasted employment growth allocated to in Table 1 of this
Plan;
d) the proposed uses will not adversely affect the overall viability of the employment
area, or the achievement of the minimum intensification and density targets and
other policies in this Plan; and
e) there are existing or planned infrastructure and public service facilities to
accommodate the proposed uses.
Staff's analysis is as follows:
a) Lawrence Avenue contains a mixture of commercial, institutional, retail, industrial
commercial, residential and office uses. The subject lands currently are used for
residential purposes and surrounding area are predominantly residential. Having a
more intense residential use at this location will not compromise existing
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employment uses, as demonstrated by the land use compatibility study. Moreover,
this application is a request to increase the intensity of an existing residential use.
b) The lands are not required over the horizon of the Plan for employment needs as
they are not identified as `Employment Areas' on Map 3 of the ROP. None of
Kitchener's local employment lands are required to achieve long term employment
forecasts. However, Kitchener's local employment lands play a role in
neighbourhood scale employment opportunities.
c) While sufficient inventory of designated Employment Areas are identified on Map 3,
which do not include Lawrence Avenue, Local Employment Lands (LELs) serve as
locations for employment uses. The ROP identified LELs as contributing to local
long-term employment opportunities, but not necessarily the industrial and
warehousing jobs typical of employment lands. Specifically, consideration for the
following ROP policies is required when considering these applications:
2. H. 1.14 The Region supports and encourages area municipalities to identify
and designate local employment lands outside of the employment
areas designated on Map 3, and to develop policies to protect these
lands for employment uses over the long-term.
2.H.1.15 Where a development application is submitted to redevelop any local
employment lands located outside of the employment areas
designated on Map 3, the Region encourages the area municipality to
retain space for a similar number of jobs to remain accommodated on
the site.
Lawrence Avenue is an LEL. Kitchener's LELs are being comprehensively reviewed
as part of Kitchener 2051. Currently, applications for the conversion of LELs to non -
employment uses may be considered through site-specific applications. While the
ROP encourages the City to plan for LEL's long term retention for employment
where appropriate, it is important to review specific locational criteria in the review
of these applications to evaluate any long-term impacts to employment lands.
d) The proposed use is an intensification of existing residential uses. An intensification
of residential uses in this location was considered through the Compatibility Study
undertaken by the applicants which demonstrated no impact on the continued
viability of the surrounding employment lands. The proposed conversion will not
negatively affect achieving minimum density and intensification targets, and
e) There is existing/planned infrastructure including transit, parks, and shopping
nearby to accommodate the proposed non -employment use.
In addition, Chapter 3 of ROPA 6 establishes policies for housing in the Region — the
provision of the proposed unit types in the development meets the policy intent of section
3.A. Overall, Regional staff are satisfied that these applications conform to the ROP.
Given proximity to existing general industrial operations, land use compatibility was
assessed in a Land Use Compatibility Report (prepared by Up Consulting, dated
September 3, 2024). This has been reviewed by staff and in summary staff are in general
agreement with the findings of the study. Compatibility with existing industrial and sensitive
(residential) uses nearby was further examined in a Noise Study, which is discussed
below.
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Regional Planning staff have received the Noise Study prepared in support of this
application entitled Noise Feasibility Study, 288-292 Lawrence Avenue Development,
prepared by GRIT Engineering Inc. (dated July 17, 2024). In accordance with the
recommendations of the study, Regional staff note that the installation/provision of central
air conditioning and inclusion of the following noise warning clause in all agreements and
offers of purchase and sale, lease/rental agreements, and a future condominium
declaration (as applicable) should be secured in a registered development agreement
between the owner/developer and the City of Kitchener:
"This dwelling unit has been designed with the provision for adding central air
conditioning at the occupant's discretion. Installation of central air conditioning by
the occupant in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Municipality and the Ministry of the Environment."
In addition, and as identified in the study, a detailed noise study addressing final design of
the site and its impact on surrounding sensitive land uses and itself should be prepared
prior to site plan approval. Staff recommend that a Holding Provision be applied to the
subject lands in order to require this updated study, with the following suggested wording:
That a holding provision shall apply to the entirety of the subject lands until
a satisfactory detailed stationary noise study has been completed and
implementation measures addressed to the satisfaction of the City of
Kitchener. The detailed stationary noise study shall review the potential
impacts of noise (e.g. HVAC systems) on the sensitive points of reception
and the impacts of the development on adjacent noise sensitive uses.
A Record of Site Condition (RSC) is required due to the presence of a medium -risk
potential threat of contamination in the Threats Inventory Database on the subject lands
(associated with a previous use of the lands — Peerless Turf Care Inc.). In addition, there
are medium -risk threats located on the adjacent lands at 298 Lawrence Avenue.
A Holding Provision is proposed to be implemented through the implementing amending
zoning by-law requiring the submission of the RSC and MECP Acknowledgement Letter to
the City's satisfaction.
City of Kitchener Official Plan (KOP), 2024.
Complete Communi
A complete community creates and provides access to a mix of land uses, including a full
range and mix of housing, including affordable housing, recreation, commerce, community
and cultural facilities, health care facilities, employment, parks and open spaces
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.
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Urban Structure
The Official Plan establishes an Urban Structure, shown on Map 2, for the City of
Kitchener and provides policies for directing growth and development within this structure.
The subject properties are identified as 'Industrial Employment Areas' in the City's Urban
Structure (Official Plan Map 2).
The planned function of `Industrial Employment Areas' is to support and maintain
economic activity in the City by providing an adequate supply of land for a range of
industrial -related employment uses and appropriate accessory and ancillary uses.
Employment growth and intensification are anticipated and encouraged within Industrial
Employment Areas. Industrial Employment Areas will be protected from non -employment
uses that would destabilize their planned function in accordance with policies in Section
15.D.6. For the purposes of Policy 15.D.6.5, residential, institutional, non -ancillary
commercial, non -ancillary retail and major retail will be considered a non -employment use
and any conversion to such uses use will require a MCR.
Official Plan policy 5.C.1.4. states that "lands designated for Industrial Employment are
critical to the local economy and are anticipated to accommodate a significant share of
employment growth to 2031 and beyond. Policies 15. D. 6.5 through 15. D. 6.7 inclusive
address the protection of industrial employment areas from conversion to non -employment
uses."
Due to the above-mentioned legislative changes, Lawrence Avenue lands are not
considered an area of employment however they remain a LEL. Site specific Official Plan
Amendment and Zoning By-law Amendment applications can be considered that seek to
permit new non -employment uses (e.g., residential, commercial or institutional) on LELs. A
MCR is no longer required, but the KOP provides relevant conversion policies that should
be assessed for any such amendment request.
It is Planning staff's recommendation that it is appropriate to evaluate the subject
application in consideration of KOP policiesl5.D.6.5 through 15.D.6.7, as follows:
15. D.6.5. A conversion of an industrial employment area to a non -employment use,
which includes any use not otherwise permitted in the industrial employment
area designations of this Plan, may only be permitted through a municipal
comprehensive review where it has been demonstrated that:
a) there is a need for the conversion;
b) the conversion will not compromise the City's ability to meet the
employment forecasts of this Plan as allocated by the Region and further
defined in the City's Comprehensive Review of Employment Lands
Study;
c) the conversion will not adversely affect the overall viability of the
industrial employment area and achievement of other density targets set
out in this Plan and will not impact the ability of adjacent industrial
employment areas to be used or continue to be used for employment
purposes;
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d) there is existing or planned infrastructure to accommodate the proposed
conversion;
e) the lands are not required in the long term for the employment purposes
for which they are currently designated; and,
f) cross jurisdictional issues have been considered.
15. D.6.6. For the purposes of Policy 15. D.6.5:
a) residential, institutional, non -ancillary commercial, non -ancillary retail and
major retail will be considered a non -employment use and any conversion
to such uses use will require a municipal comprehensive review;
b) for the purposes of this Policy, major retail will mean a development
having a collective minimum retail gross floor area of 5,000 square
metres or greater and any freestanding building or individual retail outlet
in a multi -unit building within the development cannot exceed 2,500
square metres in gross floor area;
c) the addition of any non -employment uses constitutes a conversion.
15.D.6.7. Proposals to convert from one industrial employment area land use
designation to another industrial employment area land use designation may
be permitted provided that a sufficient and adequate supply of industrial
employment area in each category remains and that the conversion to
another industrial employment area land use designation does not adversely
impact any adjacent sensitive land uses and will not compromise the function
and ability of the industrial employment areas to continue to be used for the
purposes originally contemplated under this Plan
In addition to the ROP policies discussed above, consideration for the local context is
important. Similar KOP policies 15.D.6.5 through 15.D.6.7 also address employment land
conversions. Planning staff can recommend approval for the following reasons:
a) Lawrence Avenue contains a mixture of lands uses and the amendment to the Official
Plan requested is a request to increase the intensity of an existing residential use
through a land use designation change. A more intense residential use at this location
will not compromise existing employment uses, as demonstrated by the land use
compatibility study. The size of the subject lands lends themselves to a medium
density residential use and would likely be too small for the full range of employment
uses.
b) The subject lands are not required over the horizon of the KOP for employment needs.
None of Kitchener's LELs are required to achieve long term employment forecasts.
However, Kitchener's LELs play a role in neighbourhood scale employment
opportunities. Kitchener's LELs are being comprehensively reviewed as part of
Kitchener 2051. Currently, applications for the conversion of LELs to non -employment
uses may be considered through site-specific applications.
c) Intensified residential uses will not adversely affect the overall viability of existing
adjacent operations that continue to be used for employment uses as evidenced by the
Compatibility Study. Kitchener's LELs play a role in neighbourhood scale employment
opportunities. The proposed applications seek a more intense residential use at this
location will not compromise existing employment uses.
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d) There is existing infrastructure including bus transit, parks, and shopping nearby to
accommodate the proposed intensified residential use.
e) The subject lands are not required in the long term for employment purposes because
they are not identified as Employment Areas on Map 3 of the ROP. Sufficient inventory
of designated Employment Areas does not include Lawrence Avenue. Applications for
conversion of LELs to non employment uses may be considered as LELs contribute to
local long-term employment opportunities, but not necessarily the industrial and
warehousing jobs typical of employment lands.
f) Any applicable cross jurisdictional issues have been considered.
The applicant is proposing to change the urban structure element for 288-292 Lawrence
Avenue from `Industrial Employment Areas' to `Community Areas' to permit a more
intensive residential use as well as non-residential supporting uses intended to serve the
immediate residential areas. The proposed `Low Rise Residential' land use designation is
appropriate to implement the `Community Areas' urban structure element, as discussed in
the following paragraphs.
Existing and Proposed Land Use
The subject properties, 288 and 292 Lawrence Avenue, are designated `General Industrial
Employment' on Map 3 (Land Use) of the City of Kitchener Official Plan.
The General Industrial Employment designation permits a wide range of light industrial
uses along with recognizing existing residential within those older mixed industrial and
residential areas of the city. New residential uses are generally discouraged particularly in
those industrial areas that are identified protected employment areas. Lawrence Avenue is
no longer a protected employment area. Conversion does not require an MCR. However,
until new policies are introduced through Kitchener 2051, conversion policies under the
existing ROP and City's 2014 Official Plan will apply as noted previously.
The proposed land use designation is `Low Rise Residential'. The `Low Rise Residential'
designation permits a full range of low-density housing types which may include single
detached dwellings, additional dwelling units (attached and detached), semi-detached
dwellings and other forms of low-rise housing including 3 storey multiple dwellings. Staff
support this designation for the following reasons:
a) A 3 -storey multiple dwelling is a compatible and complimentary building form. The
surrounding existing residential areas are comprised of singles, semis, townhouses
and multiple dwellings;
b) The conceptual plan showing a 3 -storey multiple dwelling with 18 parking spaces can
accommodated on the subject lands in accordance with zoning regulations and urban
design manuals guidelines and standards;
c) While the subject lands are not needed to meet the City's residential intensification
targets, the proposal provide a more intense residential density in a compact mid -rise
built form that will contribute to complete communities by providing housing types not
widely available in the immediate neighbourhood (one -bedroom and live/work units).
While not all LELs are appropriate uses, these applications seek to intensify an existing
residential permission;
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d) Infrastructure already exists at this location to support residential intensification,
including Belmont Park, public transit on Victoria Street and Highland Road and
shopping located nearby and within walking distance; and
e) In consideration of the land use compatibility study, a more intense residential use will
not in the opinion of staff, impair the planned function of the area for nearby existing
employment uses.
Urban Design
The City's urban design policies are outlined in Section 11 of the City's Official Plan. As
part of the site plan approval process, staff will review the proposed development to
ensure the design meets the intent of these policies, specifically: Streetscape; Safety;
Universal Design; Site Design; and Building Design. The proposed conceptual site plan
will be subject to these policies. A full site plan was not required at the time of the
submission of the Official Plan Amendment and Zoning By-law Amendment Applications
but will be required to be submitted later should the land use applications be approved.
Transportation Policies:
The Official Plan supports an integrated transportation system that 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 objective of the Transportation policies in the Official Plan is to develop, support and
maintain a complete, convenient, accessible, and integrated transportation system that
incorporates active transportation, public transit and accommodates vehicular traffic.
Additionally, secured and visitor bicycle parking will be required as part of the Zoning By-
law.
Sustainable Development
Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be
sustainable by encouraging, supporting and, where appropriate, requiring:
a) compact development and efficient built form;
b) environmentally responsible design (from community design to building design) and
construction practices;
c) the integration, protection and enhancement of natural features and landscapes into
building and site design;
d) the reduction of resource consumption associated with development; and,
e) transit -supportive development and redevelopment and the greater use of other active
modes of transportation such as cycling and walking.
Development applications are required to demonstrate that the proposal meets the
sustainable development policies of the Plan and that sustainable development design
standards are achieved.
Sustainable development initiatives will be further explored at the Site Plan Application
stage.
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Proposed Official Plan Amendment Conclusions
The Official Plan Amendment Application requests that the Urban Structure of the lands
identified on Map 2 as `Industrial Employment Areas' be changed to `Community Areas',
and the land use designated on Map 3 as `General Industrial Employment' be changed to
`Low Rise Residential'.
Based on the planning analysis, Planning staff are of the opinion that the proposed Official
Plan Amendment Application represents good planning as the proposal represents a more
intensive residential use on an existing residential property within an area characterized as
mixed-use despite the Industrial land use designation. Notwithstanding, the Region/City's
conversion policies apply even though a MCR is no longer required. Planning staff are
satisfied that conversion consideration required by ROP and KOP policies have been
adequately evaluated and recommend that the proposed Official Plan Amendment be
approved in the form shown in Attachments 'Al', `A2' and 'A3'.
Proposed Zoning By-law Amendment (2019-051):
The subject lands are zoned `EMP -1: Neighbourhood Industrial Employment Zone' which
does not permit a multiple dwelling. Only existing residential uses are permitted in the
EMP -1 zone. To implement the proposed Low Rise Residential Land Use Designation, an
amendment to Zoning By-law 2019-051 is required to change the zoning from `EMP -1:
Neighbourhood Industrial Employment Zone' to `RES -5: Low Rise Residential Five Zone'.
A Site -Specific Provision (418) and Holding Provision (103H) have been added to reflect
the site-specific nature of the proposal and to ensure final noise considerations and
Record of Site conditions have been achieved.
Site Specific Provision (418)
a) A minimum parking rate of 1 parking space per dwelling unit inclusive of visitor
parking.
b) Artisan's establishment, Daycare Facility, Personal Services, Office, Community
Facility and Studio are permitted uses and shall only be permitted within a multiple
dwelling in accordance with the regulations in Table 7-6.
c) Geothermal wells are prohibited.
d) A maximum Floor Space Ratio of 0.75.
One (1) parking space per dwelling unit
The conceptual plan shows 18 surface parking spaces which equates to 1 parking space
per dwelling unit inclusive of a 10% visitor parking rate. The Zoning By-law requires 1
parking space per dwelling unit plus 0.1 or 10% of the required parking for visitor parking
for a parking rate of 1.1 spaces per unit. The requested rate of 1.0 parking space per
dwelling unit is acceptable to staff given proximity to public transit on Victoria and Highland
and commercial area along Highland Road that is within walking distance.
Artisan's establishment, Daycare Facility, Personal Services, Office, Community Facility
and Studio
Although not specifically requested by the applicant, staff feel there is an opportunity -
given the surrounding context and location - to permit a wider range of non-residential
uses as part of a mixed-use building should one be considered. These uses would only be
contemplated on the ground floor within a multiple dwelling and could contribute jobs to
Page 70 of 998
the LELs in conjunction with the residential use. Official Plan policies 15.D.3.27 and
15.D.3.28 provide direction and support in this regard. 15.D.27 states that the City will
support the integration of non-residential land uses, which are complementary and serve
the needs of residents, at appropriate locations in the residential land use designations to
support the development of a walkable and complete community. Within the Residential
land use designations, individual properties will be zoned to achieve an appropriate mix of
uses that are compatible with the surrounding residential neighbourhoods. Appropriate
locations are determined through 15D.3.28 a) -h). Staff opine this location satisfies the
locational criteria, but the size of the property and proximity to other businesses in the area
limit the full range of uses that could otherwise be considered.
Geothermal well prohibited.
As the subject lands are within a Source Water Protection Area, the Region requires that
geothermal wells are to be prohibited. This is to protect our groundwater resource from
possible contamination.
Floor Space Ratio of 0.75
This is to accommodate the proposed building floor area in relation to the lot area, the
Floor Space Ratio (FSR) is proposed to be 0.75, which is greater than the 0.6 stipulated in
the Zoning By-law but does not require an Official Plan Amendment because the Official
Plan allows for increases in FSR up to 0.75 without an amendment.
Holding Provision (103H)
a) That a holding provision shall apply until a satisfactory detailed stationary noise
study has been completed and implementation measures addressed to the
satisfaction of the City The detailed stationary noise study shall review the potential
impacts of noise (e.g. HVAC systems) on the sensitive points of reception and the
impacts of the development on adjacent noise sensitive uses.
b) That a holding provision shall apply until a satisfactory Record of Site Condition
(RSC) has been submitted to the Ministry of Conservation and Parks, and that the
Record of Site Condition and Ministry Acknowledgment Letter are provided to the
City.
A Holding Provision has been requested by the Region in relation to stationary
noise and an RSC. These matters will need to be addressed at the site plan
stage, and the holding provision lifted through a future by-law amendment prior to
final approval of a site plan application.
Zoning By-law Amendment Conclusions
Staff recommend approval to change the zoning from EMP -1: Neighbourhood
Industrial Employment Zone' to `RES -5: Low Rise Residential Five Zone' with
Site -Specific Provision (418) and Holding Provision (103H) in the form shown in
Attachments '131' and `132'. This is necessary to implement the development
proposal under consideration while ensuring final noise and RSC considerations
are addressed prior to granting final approval for it to proceed to construction.
Page 71 of 998
Department and Agency Comments:
Circulation of the Official Plan Amendment and Zoning By-law Amendment Applications
was undertaken to all applicable City departments and other review authorities. There
were no concerns with the applications. Copies of the comments are found in Attachment
D' of this report.
Community Input & Staff Responses
Staff received written responses from 2 residents with respect to the proposed
development. No major concerns were cited. These are included in Attachment 'E'. A
virtual Neighbourhood Meeting was held on January 9, 2025. A summary of what we
heard is noted below.
WHAT WE HEARD
Iii
("11191011)011
Two (2) people provided written comments.
A City -led virtual Neighbourhood Meeting held on January 9
2025, and approximately 5 different users logged on.
l 564 households (occupants and property owners) were
circulated and notified.
The two comments received expressed concern related to the loss of trees and wildlife,
and suggested the need to replant native species of/for trees, a community garden,
providing affordable units, and additional bicycle parking spaces to the development plan
and secure indoor parking facility/room for bicycles with 24/7 access for residents
Staff will explore many of these concerns/suggestions with the applicant through a future
site plan application process. At this stage, we are assessing primarily land use
considerations (i.e. is residential appropriate and why). The applicant has committed to
providing a minimum of 18 bicycle spaces or 1 per unit which exceeds 0.5 Class A spaces
required through zoning, and re -planting plans can be explored through detailed design.
Staff's understanding is that the 18 one -bedroom units will be rental, and the addition of
these units will assist in meeting the City's housing target that will provide for a continuum
of housing.
Planning Conclusions
In considering the foregoing, staff are supportive of the proposed Official Plan Amendment
and Zoning By-law Amendment Applications to permit 288-292 Lawrence Avenue to be re-
developed with a 3 -storey, 18 unit multiple dwelling with 18 surface parking spaces. Staff
are of the opinion that the subject applications seeking to increase the intensity of the
residential use are consistent with policies of the Provincial Planning Statement, conform
Page 72 of 998
to the Regional Official Plan, and the City of Kitchener Official Plan and represent good
planning. It is recommended that the applications be approved.
STRATEGIC PLAN ALIGNMENT:
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 September 2024.
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 Meeting. Notice of the Statutory Public Meeting was also
originally posted in The Record on February 22, 2025, and re -posted on March 18, 2025,
for the April 14, 2025, PSIC (a copy of the Notice is in Attachment `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 in
September 2024. In response to this circulation, staff received written responses from 2
members of the public. One virtual neighbourhood meeting was held.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R. S. O. 1990, c. P.13
• Provincial Planning Statement, 2024
• Region of Waterloo Official Plan
• City of Kitchener Official Plan, 2014
• City of Kitchener Zoning By-law 2019-051
REVIEWED BY: Malone -Wright, Tina — Manager of Development Approvals,
Development and Housing Approvals Division
APPROVED BY: Readman, Justin— General Manager, Development Services Department
ATTACHMENTS:
Attachment Al, A2 and A3 — Proposed Official Plan Amendment
Attachment B1 and B2 — Proposed Zoning By-law Amendment
Attachment C — Newspaper Notice
Attachment D — Department and Agency Comments
Attachment E — Public Comments
Page 73 of 998
Attachment "A" Proposed Official Plan Amendment
AMENDMENT NO. ## TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
288-292 Lawrence Avenue
Page 74 of 998
AMENDMENT NO. ## TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
288-292 Lawrence 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 and Strategic
Initiatives Committee of March 18, 2025
APPENDIX 2 Minutes of the Meeting of Planning and Strategic
Initiatives Committee —April 14, 2025
APPENDIX 3 Minutes of the Meeting of City Council — April 28, 2025
Page 75 of 998
Attachment "A" Proposed Official Plan Amendment
AMENDMENT NO. ## TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER##
SECTION 1 — TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. ## 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 identifying the lands as `Community Areas' instead
of `Industrial Employment Areas' in the City's Urban Structure `.
• Amend Map 3 — Land Use by redesignating the lands from `General Industrial
Employment' to `Low Rise Residential'.
SECTION 3 — BASIS OF THE AMENDMENT
The subject properties, 288 and 292 Lawrence Avenue, are identified as `General
Industrial Employment Areas' on Map 2 — Urban Structure and are designated as
`General Industrial Employment' on Map 3 - Land Use of the City of Kitchener Official
Plan.
The Provincial Planning Statement, Regional Official Plan (ROP) and Kitchener Official
Plan (KOP) all have policy direction to ensure the long-term protection of employment
lands through different policy directives.
The former Provincial Policy Statement (replaced by Provincial Planning Statement)
previously required that employment land conversions could only be considered through
a Municipal Comprehensive Review (MCR) and not via applicant -initiated
amendment. The ROP and KOP (supported by the Comprehensive Review of
Employment Lands (CREL) background study) also require a MCR to consider the
conversion.
On April 6, 2023, the Province introduced the Helping Homebuyers, Protecting Tenants
Act (Bill 97). Among many other changes, Bill 97 amends the definition of "area of
employment" in the Planning Act, which now means an area of land designated in an
Official Plan for clusters of business and economic uses. The Planning Act goes on to
describe that business and economic uses include uses like manufacturing, research
and development in connection with manufacturing; warehousing/goods movement;
associated retail uses. Further, the Planning Act states that if an institutional or
commercial use (including retail and office) are currently permitted uses in an Official
Plan and designated as employment land, those areas are no longer areas of
employment and as such are allowed to be considered for other uses, through site
specific applications.
Page 76 of 998
Attachment "A" Proposed Official Plan Amendment
The definition of "area of employment" in Bill 97 came into effect on October 24, 2024,
to align with the Provincial Planning Statement (PPS 2024) which came into effect on
October 20, 2024. The PPS 2024 updates the employment area definition as "those
areas designated in an official plan for clusters of business and economic activities
including manufacturing, research and development in connection with manufacturing,
warehousing, goods movement, associated retail and office, and ancillary facilities. An
employment area also includes areas of land described by subsection 1(1.1) of the
Planning Act. Uses that are excluded from employment areas are institutional and
commercial, including retail and office not associated with the primary employment use
listed above."
Due to the above-mentioned changes, site specific Official Plan Amendment and Zoning
By-law Amendment applications can now be considered by the City that seek to permit
new non -employment uses (e.g., residential, commercial or institutional) in Kitchener's
employment areas. A MCR is no longer required, but the KOP provides relevant
conversion policies that should be assessed for any such amendment request.
An Official Plan amendment is proposed to extend the existing boundary of the
"Community Areas" urban structure element onto the subject lands and designate the
land use as `Low Rise Residential'. This is a logical extension given adjacency to other
lands identified as "Community Areas". The `Low Rise Residential' designation permits
a full range of low-density housing types which may include single detached dwellings,
additional dwelling units (attached and detached), semi-detached dwellings and other
forms of low-rise housing including 3 storey multiple dwellings. The proposed change in
land use will facilitate the development of a 3 -storey multiple dwelling comprised of 18
residential units.
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;
4
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Attachment "A" Proposed Official Plan Amendment
s) The mitigation of greenhouse gas emissions and adaptation to a changing
climate.
As noted above, Bill 97 amended the definition of "area of employment" in the Planning
Act, which now means an area of land designated in an Official Plan for clusters of
business and economic uses. The Planning Act goes on to describe that business and
economic uses include uses like manufacturing, research and development in
connection with manufacturing; warehousing/goods movement; associated retail uses.
Further, the Planning Act states that if an institutional or commercial use (including retail
and office) are currently permitted uses in an Official Plan and designated as
employment land, those areas are no longer areas of employment and as such are
allowed to be considered for other uses, through site specific applications.
These matters of provincial interest are addressed and are implemented through the
Provincial Planning Statement, 2024, 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 Planning Statement, which is currently under review (Kitchener 2051).
Provincial Planning Statement (PPS) 2024:
The Provincial Planning Statement (PPS 2024) encourages the development of livable
communities. It also provides a framework for planning authorities to ensure the wise
use of resources while protecting Ontario's long-term prosperity and environmental and
social well-being. It directs growth to built-up areas and promotes a mix of land uses
that efficiently use resources, minimize negative environmental impacts, and support
active transportation and transit use. As noted in the previous section, the definition of
area of employment has narrowed in scope which would now exclude this section of
Lawrence Avenue as existing permitted land uses include office. The Planning Act
states that if an institutional or commercial use (including retail and office) are currently
permitted uses in an Official Plan and designated as employment land, those areas are
no longer areas of employment and as such are allowed to be considered for other
uses, through site specific applications. Consequently, Section 2.8.2.5 of the PPS would
not apply to 288-292 Lawrence Avenue. Notwithstanding, the Region's/City's existing
conversion policies shall apply until such time as the City prepares its new Official Plan.
Consideration of Provincial Legislation:
The existing Lawrence Avenue land use permissions permit limited retail and office and
would therefore no longer qualify as an area of employment as defined in the Planning
Act. As such, these applications for 288 and 292 Lawrence Avenue may be considered
by the City of Kitchener.
Due to the above-mentioned changes, site specific Official Plan Amendment and Zoning
By-law Amendment applications can now be considered that seek to permit new non -
employment uses (e.g., residential, commercial or institutional) in an employment area.
A MCR is no longer required, but the KOP provides relevant conversion policies that
should be assessed for any such amendment request.
Policy 2.8.1.1 of the PPS 2024 requires the assessment of compatibility in instances
where sensitive uses are proposed in proximity to industrial land uses. The Planning
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Attachment "A" Proposed Official Plan Amendment
Justification Report (PJR) prepared by Up Consulting (dated September 18, 2024)
reviews applicable policies from the Provincial Policy Statement 2020, which was in
force until October 20, 2024. The PPS documents and this application provide an
emphasis on intensification within a designated built-up area on serviced land, support
an increase to the range and mix of housing in the City of Kitchener (in this case,
purpose-built rental units), and promote use of alternative modes of transportation to
private automobiles (through the provision of limited parking and proximity to pedestrian
infrastructure and transit options).
Given proximity to general industrial uses, land use compatibility is assessed in Land
Use Compatibility Report (prepared by Up Consulting, dated September 3, 2024),
Planning staff are in general agreement with the findings of the study. Compatibility with
existing industrial and sensitive (residential) uses nearby is also addressed by the Noise
Study, which is discussed in the ROP section below.
Applications proposing to introduce non -employment uses (e.g. residential) on lands
designated "General Industrial" or "Business Park" are no longer subject to a MCR.
Despite this, Official Plan policies (Region and City) encourage the planning and
retention of employment areas that are regionally significant and locally significant.
While conversion of employment areas to non -employment uses can be considered
through site specific amendments, it is not a foregone conclusion that residential or
other non -employment uses are always the best of use these lands. Planning staff
acknowledge that while a MCR is no longer required, it is appropriate to evaluate the
proposed applications against the policy direction in the ROP and KOP for employment
land conversions to determine the appropriateness of the requested land use change.
Regional Official Plan (ROP):
Bill 23, More Homes Built Faster Act, 2022, introduced significant changes to
the Planning Act to streamline the development process and increase housing supply
across the province. Planning responsibilities from the Region of Waterloo have been
transferred to the City of Kitchener and other area municipalities as of January 1, 2025.
As a result, the Region no longer has a ROP as it is now an Official Plan for area
municipalities who are responsible for implementation of the ROP until it is repealed or
amended through a future Area Municipal planning exercise. For purposes of these
applications, Regional staff have provided their comments on the subject applications
prior to January 1, 2025 which have been consideration in the formation of the planning
recommendation of the subject applications.
The subject lands are designated 'Urban Area' and `Delineated Built -Up Area' in the
ROP. Section 1.6 of the ROP establishes the Regional Planning Framework and
Section 2.B.1 and 2.0 establish policies for the Urban System. Section 2.F establishes
policies and intensification targets within the Delineated Built -Up Area, which is set at 60
percent annually for the City of Kitchener. Development in the Built -Up Area is intended
to provide gentle density and support the achievement of 15 -minute neighbourhoods.
ROP policies are reviewed in section 4.d of the Planning Justification Report submitted
by the applicant. The proposed application provides for residential density in a compact
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Attachment "A" Proposed Official Plan Amendment
mid -rise built form that will contribute to the achievement of Kitchener's intensification
target for the Delineated Built -Up Area, while providing housing types not widely
available in the immediate neighbourhood (one -bedroom and live/work units). The
development is also located in proximity to a range of commercial and employment land
uses and is appropriately located in proximity to two corridors well -served by transit
(Victoria Street South and Highland Road West), as well as the Henry Sturm Greenway.
Policies that relate to land conversion from employment to non -employment are found it
2.H.1.12 of the ROP. According to the ROP, the Region, in collaboration with the area
municipalities, may permit conversion of lands within existing employment areas to non -
employment uses only through a municipal comprehensive review (MCR) of this Plan
where it has been demonstrated that:
a. there is a need for the conversion;
b. the lands are not required over the horizon of this Plan for employment purposes
for which they are designated;
c. the affected area municipality will maintain sufficient employment lands to
accommodate the forecasted employment growth allocated to in Table 1 of this
Plan;
d. the proposed uses will not adversely affect the overall viability of the employment
area, or the achievement of the minimum intensification and density targets and
other policies in this Plan; and
e. there are existing or planned infrastructure and public service facilities to
accommodate the proposed uses.
Staff's analysis is as follows:
a. Lawrence Avenue contains a mixture of commercial, institutional, retail, industrial
commercial, residential and office uses. The subject lands currently are used for
residential purposes and surrounding area are predominantly residential. Having
a more intense residential use at this location will not compromise existing
employment uses, as demonstrated by the land use compatibility study.
Moreover, this application is a request to increase the intensity of an existing
residential use.
b. The lands are not required over the horizon of the Plan for employment needs as
they are not identified as `Employment Areas' on Map 3 of the ROP. None of
Kitchener's local employment lands are required to achieve long term
employment forecasts. However, Kitchener's local employment lands play a role
in neighbourhood scale employment opportunities.
c. While sufficient inventory of designated Employment Areas are identified on Map
3, which do not include Lawrence Avenue, Local Employment Lands (LELs)
serve as locations for employment uses. The ROP identified LELs as contributing
to local long-term employment opportunities, but not necessarily the industrial
and warehousing jobs typical of employment lands. Specifically, consideration for
the following ROP policies is required when considering these applications:
2.H.1.14 The Region supports and encourages area municipalities to identify
and designate local employment lands outside of the employment
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Attachment "A" Proposed Official Plan Amendment
areas designated on Map 3, and to develop policies to protect
these lands for employment uses over the long-term.
2.H.1.15 Where a development application is submitted to redevelop any
local employment lands located outside of the employment areas
designated on Map 3, the Region encourages the area municipality
to retain space for a similar number of jobs to remain
accommodated on the site.
Lawrence Avenue is an LEL. Kitchener's LELs are being comprehensively
reviewed as part of Kitchener 2051. Currently, applications for the conversion of
LELs to non -employment uses may be considered through site-specific
applications. While the ROP encourages the City to plan for LEL's long term
retention for employment where appropriate, it is important to review specific
locational criteria in the review of these applications to evaluate any long-term
impacts to employment lands.
d. The proposed use is an intensification of existing residential uses. An
intensification of residential uses in this location was considered through the
Compatibility Study undertaken by the applicants which demonstrated no impact
on the continued viability of the surrounding employment lands. The proposed
conversion will not negatively affect achieving minimum density and
intensification targets, and
e. There is existing/planned infrastructure including transit, parks, and shopping
nearby to accommodate the proposed non -employment use.
In addition, Chapter 3 of ROPA 6 establishes policies for housing in the Region — the
provision of the proposed unit types in the development meets the policy intent of
section 3.A. Overall, Regional staff are satisfied that these applications conform to the
ROP.
Given proximity to existing general industrial operations, land use compatibility was
assessed in a Land Use Compatibility Report (prepared by Up Consulting, dated
September 3, 2024). This has been reviewed by staff and in summary staff are in
general agreement with the findings of the study. Compatibility with existing industrial
and sensitive (residential) uses nearby was further examined in a Noise Study, which is
discussed below.
Regional Planning staff have received the Noise Study prepared in support of this
application entitled Noise Feasibility Study, 288-292 Lawrence Avenue Development,
prepared by GRIT Engineering Inc. (dated July 17, 2024). In accordance with the
recommendations of the study, Regional staff note that the installation/provision of
central air conditioning and inclusion of the following noise warning clause in all
agreements and offers of purchase and sale, lease/rental agreements, and a future
condominium declaration (as applicable) should be secured in a registered development
agreement between the owner/developer and the City of Kitchener:
"This dwelling unit has been designed with the provision for adding central air
conditioning at the occupant's discretion. Installation of central air conditioning by
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Attachment "A" Proposed Official Plan Amendment
the occupant in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Municipality and the Ministry of the
Environment."
In addition, and as identified in the study, a detailed noise study addressing final design
of the site and its impact on surrounding sensitive land uses and itself should be
prepared prior to site plan approval. Staff recommend that a Holding Provision be
applied to the subject lands in order to require this updated study, with the following
suggested wording:
That a holding provision shall apply to the entirety of the subject lands
until a satisfactory detailed stationary noise study has been completed
and implementation measures addressed to the satisfaction of the City
of Kitchener. The detailed stationary noise study shall review the
potential impacts of noise (e.g. HVAC systems) on the sensitive points
of reception and the impacts of the development on adjacent noise
sensitive uses.
A Record of Site Condition (RSC) is required due to the presence of a medium -risk
potential threat of contamination in the Threats Inventory Database on the subject lands
(associated with a previous use of the lands — Peerless Turf Care Inc.). In addition,
there are medium -risk threats located on the adjacent lands at 298 Lawrence Avenue.
A Holding Provision is proposed to be implemented through the implementing amending
zoning by-law requiring the submission of the RSC and MECP Acknowledgement Letter
to the City's satisfaction.
City of Kitchener Official Plan (KOP), 2024.
Complete Community
A complete community creates and provides access to a mix of land uses, including a
full range and mix of housing, including affordable housing, recreation, commerce,
community and cultural facilities, health care facilities, employment, parks and open
spaces 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.
Urban Structure
The Official Plan establishes an Urban Structure, shown on Map 2, for the City of
Kitchener and provides policies for directing growth and development within this
structure. The subject properties are identified as `Industrial Employment Areas' in the
City's Urban Structure (Official Plan Map 2).
Page 82 of 998
Attachment "A" Proposed Official Plan Amendment
The planned function of `Industrial Employment Areas' is to support and maintain
economic activity in the City by providing an adequate supply of land for a range of
industrial -related employment uses and appropriate accessory and ancillary uses.
Employment growth and intensification are anticipated and encouraged within Industrial
Employment Areas. Industrial Employment Areas will be protected from non -
employment uses that would destabilize their planned function in accordance with
policies in Section 15.D.6. For the purposes of Policy 15.D.6.5, residential, institutional,
non -ancillary commercial, non -ancillary retail and major retail will be considered a non -
employment use and any conversion to such uses use will require a MCR.
Official Plan policy 5.C.1.4. states that "lands designated for Industrial Employment are
critical to the local economy and are anticipated to accommodate a significant share of
employment growth to 2031 and beyond. Policies 15. D. 6.5 through 15. D. 6.7 inclusive
address the protection of industrial employment areas from conversion to non -
employment uses."
Due to the above-mentioned legislative changes, Lawrence Avenue lands are not
considered an area of employment however they remain a LEL. Site specific Official
Plan Amendment and Zoning By-law Amendment applications can be considered that
seek to permit new non -employment uses (e.g., residential, commercial or institutional)
on LELs. A MCR is no longer required, but the KOP provides relevant conversion
policies that should be assessed for any such amendment request.
It is Planning staff's recommendation that it is appropriate to evaluate the subject
application in consideration of KOP policiesl5.D.6.5 through 15.D.6.7, as follows:
15. D.6.5. A conversion of an industrial employment area to a non -employment use,
which includes any use not otherwise permitted in the industrial
employment area designations of this Plan, may only be permitted through
a municipal comprehensive review where it has been demonstrated that:
a. there is a need for the conversion;
b. the conversion will not compromise the City's ability to meet the
employment forecasts of this Plan as allocated by the Region and
further defined in the City's Comprehensive Review of Employment
Lands Study,
c. the conversion will not adversely affect the overall viability of the
industrial employment area and achievement of other density targets
set out in this Plan and will not impact the ability of adjacent industrial
employment areas to be used or continue to be used for employment
purposes;
d. there is existing or planned infrastructure to accommodate the
proposed conversion;
e. the lands are not required in the long term for the employment
purposes for which they are currently designated; and,
f. cross jurisdictional issues have been considered.
15. D.6.6. For the purposes of Policy 15. D.6.5:
10
Page 83 of 998
Attachment "A" Proposed Official Plan Amendment
a. residential, institutional, non -ancillary commercial, non -ancillary retail
and major retail will be considered a non -employment use and any
conversion to such uses use will require a municipal comprehensive
review;
b. for the purposes of this Policy, major retail will mean a development
having a collective minimum retail gross floor area of 5,000 square
metres or greater and any freestanding building or individual retail
outlet in a multi -unit building within the development cannot exceed
2,500 square metres in gross floor area;
c. the addition of any non -employment uses constitutes a conversion.
15.D.6.7. Proposals to convert from one industrial employment area land use
designation to another industrial employment area land use designation
may be permitted provided that a sufficient and adequate supply of
industrial employment area in each category remains and that the
conversion to another industrial employment area land use designation
does not adversely impact any adjacent sensitive land uses and will not
compromise the function and ability of the industrial employment areas to
continue to be used for the purposes originally contemplated under this
Plan
In addition to ROP policies discussed above, consideration for the local context is
important. Similar KOP policies 15.D.6.5 through 15.D.6.7 also address employment
land conversions. Planning staff can recommend approval for the following reasons:
a) Lawrence Avenue contains a mixture of lands uses and the amendment to the
Official Plan requested is a request to increase the intensity of an existing residential
use through a land use designation change. A more intense residential use at this
location will not compromise existing employment uses, as demonstrated by the land
use compatibility study. The size of the subject lands lends themselves to a medium
density residential use and would likely be too small for the full range of employment
uses.
b) The subject lands are not required over the horizon of the KOP for employment
needs. None of Kitchener's LELs are required to achieve long term employment
forecasts. However, Kitchener's LELs play a role in neighbourhood scale
employment opportunities. Kitchener's LELs are being comprehensively reviewed as
part of Kitchener 2051. Currently, applications for the conversion of LELs to non -
employment uses may be considered through site-specific applications.
c) Intensified residential uses will not adversely affect the overall viability of existing
adjacent operations that continue to be used for employment uses as evidenced by
the Compatibility Study. Kitchener's LELs play a role in neighbourhood scale
employment opportunities. The proposed applications seek a more intense
residential use at this location will not compromise existing employment uses.
d) There is existing infrastructure including bus transit, parks, and shopping nearby to
accommodate the proposed intensified residential use.
e) The subject lands are not required in the long term for employment purposes
because they are not identified as Employment Areas on Map 3 of the ROP.
Sufficient inventory of designated Employment Areas does not include Lawrence
II
Page 84 of 998
Attachment "A" Proposed Official Plan Amendment
Avenue. Applications for conversion of LELs to non employment uses may be
considered as LELs contribute to local long-term employment opportunities, but not
necessarily the industrial and warehousing jobs typical of employment lands.
f) Any applicable cross jurisdictional issues have been considered.
The applicant is proposing to change the urban structure element for 288-292 Lawrence
Avenue from `Industrial Employment Areas' to `Community Areas' to permit a more
intensive residential use as well as non-residential supporting uses intended to serve
the immediate residential areas. The proposed `Low Rise Residential' land use
designation is appropriate to implement the `Community Areas' urban structure element,
as discussed in the following paragraphs.
Existing and Proposed Land Use
The subject properties, 288 and 292 Lawrence Avenue, are designated `General
Industrial Employment' on Map 3 (Land Use) of the City of Kitchener Official Plan.
The General Industrial Employment designation permits a wide range of light industrial
uses along with recognizing existing residential within those older mixed industrial and
residential areas of the city. New residential uses are generally discouraged particularly
in those industrial areas that are identified protected employment areas. Lawrence
Avenue is no longer a protected employment area. Conversion does not require a MCR.
However, until new policies are introduced through Kitchener 2051, conversion policies
under the existing ROP and City's 2014 Official Plan will apply as noted previously.
The proposed land use designation is `Low Rise Residential'. The `Low Rise
Residential' designation permits a full range of low-density housing types which may
include single detached dwellings, additional dwelling units (attached and detached),
semi-detached dwellings and other forms of low-rise housing including 3 storey multiple
dwellings. Staff support this designation for the following reasons:
a) A 3 -storey multiple dwelling is a compatible and complimentary building form. The
surrounding existing residential areas are comprised of singles, semis, townhouses
and multiple dwellings;
b) The conceptual plan showing a 3 -storey multiple dwelling with 18 parking spaces
can accommodated on the subject lands in accordance with zoning regulations and
urban design manuals guidelines and standards;
c) While the subject lands are not needed to meet the City's residential intensification
targets, the proposal provide a more intense residential density in a compact mid -
rise built form that will contribute to complete communities by providing housing
types not widely available in the immediate neighbourhood (one -bedroom and
live/work units). While not all LELs are appropriate uses, these applications seek to
intensify an existing residential permission;
d) Infrastructure already exists at this location to support residential intensification,
including Belmont Park, public transit on Victoria Street and Highland Road and
shopping located nearby and within walking distance; and
e) In consideration of the land use compatibility study, a more intense residential use
will not in the opinion of staff, impair the planned function of the area for nearby
existing employment uses.
12
Page 85 of 998
Attachment "A" Proposed Official Plan Amendment
Urban Design
The City's urban design policies are outlined in Section 11 of the City's Official Plan. As
part of the site plan approval process, staff will review the proposed development to
ensure the design meets the intent of these policies, specifically: Streetscape; Safety;
Universal Design; Site Design; and Building Design. The proposed conceptual site plan
will be subject to these policies. A full site plan was not required at the time of the
submission of the Official Plan Amendment and Zoning By-law Amendment Applications
but will be required to be submitted later should the land use applications be approved.
Transportation Policies:
The Official Plan supports an integrated transportation system that 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 objective of the Transportation policies in the Official Plan is to develop, support
and maintain a complete, convenient, accessible, and integrated transportation system
that incorporates active transportation, public transit and accommodates vehicular
traffic. Additionally, secured and visitor bicycle parking will be required as part of the
Zoning By-law.
Sustainable Development
Section 7.C.4.1 of the City's Official Plan ensures developments will increasingly be
sustainable by encouraging, supporting and, where appropriate, requiring:
a) compact development and efficient built form;
b) environmentally responsible design (from community design to building design)
and construction practices;
c) the integration, protection and enhancement of natural features and landscapes
into building and site design;
d) the reduction of resource consumption associated with development; and,
e) transit -supportive development and redevelopment and the greater use of other
active modes of transportation such as cycling and walking.
Development applications are required to demonstrate that the proposal meets the
sustainable development policies of the Plan and that sustainable development design
standards are achieved.
Sustainable development initiatives will be further explored at the Site Plan Application
stage.
Conclusion
The Official Plan Amendment Application requests that the Urban Structure of the lands
identified on Map 2 as `Industrial Employment Areas' be changed to `Community Areas',
and the land use designated on Map 3 as `General Industrial Employment' be changed
to `Low Rise Residential'.
13
Page 86 of 998
Attachment "A" Proposed Official Plan Amendment
Based on the planning analysis, Planning staff are of the opinion that the proposed
Official Plan Amendment Application represents good planning as the proposal
represents a more intensive residential use on an existing residential property within an
area characterized as mixed-use despite the Industrial land use designation.
Notwithstanding, the Region/City's conversion policies apply even though a MCR is no
longer required. Planning staff are satisfied that conversion consideration required by
ROP and KOP policies have been adequately evaluated and recommend that the
proposed Official Plan Amendment be approved.
SECTION 4 — THE AMENDMENT
The City of Kitchener Official Plan (2014) is hereby amended as follows:
a) Amend Map No. 2. — Urban Structure, from `Industrial Employment Areas' to
`Community Areas', as shown on the attached Schedule A;
b) Amend Map No. 3 — Land Use, from `General Industrial Employment' to `Low Rise
Residential' as shown on the attached Schedule `B'
14
Page 87 of 998
Attachment "A" Proposed Official Plan Amendment
APPENDIX 1 NOTICE OF PUBLIC MEETING
NOTICE OF PUBLIC MEETING
for a development in your neighbourhood
288-292 Lawrence Avenue V 1�-111
Concept Drawing
j 1111 1'tdkin
Have our Voice Heard!
Planning & Strategic Initiatives Committee
Date: April 14„ 2025
Location: Council Chambers,
Kitchener City Hall
200 King Street West
orVi Zoom Meeting
Go to kitchener.Ca/meetings
andselect:
Current agenda �saridl i
(posted 10 days Wore u'ieetirig)
Appeair aj a dellegation
0 Watct"i a rneeting
To leam n1ofe, dbout this project, ri(Judirig
infov'ration on Your appe'JI rights, Visit
wwwAitchener.ca/
Plan nin gApplications
of corltdcft�
Brian Bateman, Senior Planner
brian.baternanrcD kitchenjer.ca
519.783,8905
The City of Kitchener will consider applications to amend the City's Official Plain, and
Zoning By�iaw that would allow for the. development of a 3 -storey i dwelling with,
18 dwelling units and 18 parking spaces at 288-292 Lawrence Avenue. The applications
are proposing; to aii the Official Plan, and Zoning By-law to permit'Residentiall i
the. subiect properties instead of 'Industrial Employment Use'.
15
Page 88 of 998
Attachment "A" Proposed Official Plan Amendment
APPENDIX 2 Minutes of the Meeting of Planning and Strategic
Initiatives Committee —April 14, 2025
16
Page 89 of 998
Attachment "A" Proposed Official Plan Amendment
APPENDIX 3 Minutes of the Meeting of City Council — April 28, 2025
17
Page 90 of 998
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Attachment "B" — Proposed Zoning By-law
ROPOSED BY — LAW
, 2025
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
- M.S.S.E. Inc. and S & S Stemco Inc.
- 288-292 Lawrence 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 42 of Appendix "A" to By-law Number 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 Neighbourhood Industrial
Zone (EMP -1) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (418) and
Holding Provision (103H).
2. Zoning Grid Schedule Number 42 of Appendix "A" to By-law 2019-051 is 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 Section 19 (418) thereto as
follows:
"418. Notwithstanding Section 5.6, Table 5-5, and Section 7.2, Table 7-1, and Table 7-6 of
this By-law within the lands zoned Low Rise Residential Five Zone (RES -5) and
shown as affected by this subsection on Zoning Grid Schedule Number 42 of
Appendix `A', the following site-specific uses and regulations shall apply:
a) A minimum parking rate of 1 parking space per dwelling unit inclusive of visitor
for 18 dwelling units.
b) Artisan's establishment, Day Care Facility, Personal Services, Office,
Community Facility and Studio shall also be permitted and only within a
multiple dwelling in accordance with the regulations in Table 7-6.
Page 93 of 998
Attachment "B" — Proposed Zoning By-law
C) A geothermal well is prohibited.
d) A maximum Floor Space Ratio of 0.75".
4. Section 20 of By-law 2019-051 is hereby amended by adding 103H thereto as follows:
I03H. Notwithstanding Section 7 of this By-law within the lands zoned Low Rise Residential
Five Zone (RES -5) with Site Specific Provision (418) and shown as affected by this
subsection on Zoning Grid Schedule Number 42 of Appendix `A', the following holding
provision shall apply:
a) That a holding provision shall apply until a satisfactory detailed stationary
noise study has been completed and implementation measures
addressed to the satisfaction of the City. The detailed stationary noise
study shall review the potential impacts of noise (e.g. HVAC systems) on
the sensitive points of reception and the impacts of the development on
adjacent noise sensitive uses.
b) That a holding provision shall apply until a Record of Site Condition is
submitted and approved to the satisfaction of the Ministry of the
Environment, Conservation and Parks or any successor Ministry
("MECP"). This Holding Provision shall not be removed until the City is in
receipt of a letter from MECP, to the satisfaction of the City's Director of
Development and Housing Approvals, advising that a Record of Site
Condition has been completed and filed to the satisfaction of the MECP."
5. This By-law shall become effective only if Official Plan Amendment No. _ (288 and 292
Lawrence Avenue) 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
12025.
Mayor
Clerk
Page 94 of 998
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NOTICE OF PUBLIC MEETING
for a development in your neighbourhood
288-292 Lawrence Avenue
Concept Drawing
Il es dera it. aI.,
II X11 t,„ Ih . ii 11 11.E ,t
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
Date: March 17, 2025
Location: Council Chambers,
11 8 V( ? [i7 ii 1.e
II �` � i r g S II ) a e a
Kitchener Citi Hall
200, King Street West
o Virtual 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.kitchenenca/
PlanningApplications
or contact:
Brian Bateman, Senior Planner
brian.bateman@ kitchener.ca
The City of Kitchener will consider applications to amend the City's Official Plan and
Zoning By-law that would allow for the development of a 3 -storey multiple dwelling with
18 dwelling units and 18 parking spaces at 288-292 Lawrence Avenue. The applications
are proposing to amend the Official Plan and Zoning By-law to permit `Residential Use' of
the subject properties instead of `Industrial Employment sae' 96 of 998
City of Kitchener
OPA/ZBA comments
Comments of:
Transportation Services
Commenter's name:
Dave Seller
Email:
dave.seller@kitchener.ca
Phone:
519-783-8152
Date of comments:
December 3, 2024
Comments due:
December 13, 2024
Project address:
288-292 Lawrence Avenue
Preamble
As part of a complete Zoning By-law & Official Plan amendment applications, a Parking Study and Access
/Circulation review was submitted (July 2024) by Paradigm Transportation Solutions Limited in support
of this application. Transportation Services reviewed the report and offer the following comments.
Development proposal
The applicant is proposing a three-story building with 18 one -bedroom units. All the units are proposed
to be less than 51 square metres in area. The site will be serviced by one full moves access along
Lawrence Avenue and have a total of 18 surface parking spaces.
Parking demand analysis
The analysis includes a review of Transportation Tomorrow Survey (2016) - Area Specific Auto
Ownership, ITE Parking Generation, proxy site location within Kitchener and other municipalities in
Southern Ontario. The results of the parking demand analysis indicated an estimated residential parking
demand of 0.34 to 0.57 spaces per unit (7 to 11 spaces), where the applicant is proposing a total of 18
parking spaces, inclusive of visitor parking.
Transportation Demand Management analysis
This development is well situated to take advantage of the existing alternative modes of transportation
available in the area to reduce vehicle dependency. There are three Grand River Transit (GRT) routes
less than 600 m from this development. They include the following routes: 16, 20 and 204. These routes
offer connectivity to a broader transit network throughout the Region of Waterloo and within Kitchener
itself.
The walkability for pedestrians accessing the site and surrounding area can easily be achieved, as
sidewalks are provided on both sides of roadways in the surrounding area which provide connections to
entertainment, employment, commercial uses and GRT.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 97 of 998
There are existing cycling opportunities in the area less than 200 m from the development. Cyclists have
access to the Henry Sturm Greenway and Iron Horse Trail that provide a connection to the Kitchener's
downtown cycling grid and into Waterloo.
To encourage cycling and take advantage of the cycling opportunities in the area, the applicant must
provide a minimum of 9 Class A indoor secure bicycle parking spaces and a minimum of 2 Class B
outdoor bike parking spaces.
AutoTURN swept path analysis
The following design vehicles were reviewed for loading/garbage and surface parking.
• Light Single Unit (LSU) - acceptable
• Passenger Vehicle (P) — acceptable
Conclusion
Based on the analysis and conclusions within the report, Transportation Services supports the proposed
total parking supply of 18 spaces. However, of the 18 parking spaces, 2 (11%) spaces must be allocated
as visitor parking.
To assist with reducing vehicle parking demand, parking spaces must be unbundled for the cost of a unit.
Unbundled parking allows residents to only pay for parking that they need, rather than the cost being
automatically included with the unit.
Transportation Services supports Paradigms comments regarding the sites internal sidewalks should be
well -lit, conform to City design standards as well as Accessibility for Ontarians with Disabilities Act
design standards, prioritizing the pedestrians.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 98 of 998
City of Kitchener
Zoning Bylaw Amendment Comment Form
Project Address: 288 — 292 Lawrence Avenue
Application Type: Official Plan Amendment & Zoning Bylaw Amendment
Comments Of: Urban Design
Commenter's Name: Rojan Mohammadi
Email: rojan.mohammadi@kitchener.ca
Phone: 519-783-8914
Date of Comments: December 13, 2024
❑ I plan to attend the meeting (questions/concerns/comments for discussion)
® No meeting to be held.
❑ I do NOT plan to attend the meeting (no concerns)
1. Documents Reviewed:
• Planning Justification & Urban Design Report (September 2024), Prepared by Up
Consulting.
• Arborist Report & Tree Management Plan (July 2024), Prepared by Hill Design Inc.
• Site Plan (July 2024), Prepared by SRM Architects + Urban Designers.
• Architectural Drawings Prepared by SRM Architects + Urban Designers.
2. Site Specific Comments & Issues:
• Provide Tree Protection Fencing for the Thuja Occidentalis hedge located on the adjacent
property as recommended by the Arborist report.
• Written permission for removal of or impact to trees in joint ownership along property lines is
required.
• The Urban Design Brief mentions that the garbage room is located on the ground floor. Could
you please confirm if the loading area will also be used for waste collection? If so, a proper
enclosure will be required.
• Class B bike parking storage is required. Please revise site plan to include.
• Currently, the design does not include access to the outdoor amenity area. Please incorporate a
dedicated sidewalk or walkway to enhance safety and accessibility. A barrier free access is
encouraged.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 99 of 998
The Urban Design report briefly mentioned the proposed outdoor amenity area. A detailed
description is required, outlining what is being proposed and how the area will be accessed.
Privacy screens (1.8m high wood fence) required when parking is adjacent to residential uses.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 100 of 998
Brian Bateman
Senior Planner
City of Kitchener
200 King Street West, 6th Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Mr. Bateman,
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. reeg ionofwaterloo.ca
Will Towns: 1-519-616-1868
File: D17/2/24014
C14/2/24030
December 18, 2024
Re: Official Plan Amendment OPA24/014 and Zoning By-law
Amendment ZBA24/030
288-292 Lawrence Avenue
Up Consulting Ltd. (c/o David Galbraith) on behalf of
S&S Stemco Inc.
City of Kitchener
Regional staff have received site-specific Official Plan amendment (OPA) and zoning
by-law amendment (ZBA) applications for a development proposal at 288-292 Lawrence
Avenue in the City of Kitchener. The applicant proposes to demolish the two existing
dwellings and redevelop the site with a three-storey apartment building containing 18
one -bedroom rental units (two of which are contemplated as live/work residential units
located on the ground floor). Access to the development is proposed via a consolidated
driveway, with 18 surface parking spaces located behind the building. Note that the
Region provided pre -consultation comments on a similar proposal for these lands in
December 2023.
The subject lands are designated Urban Area and Delineated Built Up Area in the
Regional Official Plan (ROP); designated Industrial Employment Area (Map 2, Urban
Structure) and General Industrial Employment (Map 3, Land Use) in the City's Official
Plan; and zoned Employment 1 (EMP -1). The OPA proposes to change the
designations to Neighbourhood Node and Mixed Use, while the ZBA seeks to change
the zone category to Mixed Use 1 (MIX -1) with a site-specific provision to permit one
parking space per unit (inclusive of visitor parking).
The Region has had the opportunity to review the proposal and offers the following
comments.
Document Number: 4846076
Version: 2
Page 1 of 8
Page 101 of 998
Community Planning
Provincial Planning Statement (PPS) 2024
The PPS encourages the development of livable communities. It also provides a
framework for planning authorities to ensure the wise use of resources while protecting
Ontario's long-term prosperity and environmental and social well-being. It directs growth
to built-up areas and promotes a mix of land uses that efficiently use resources,
minimize negative environmental impacts, and support active transportation and transit
use. Policy 2.8.1.1 of PPS 2024 requires the assessment of compatibility in instances
where sensitive uses are proposed in proximity to industrial land uses.
The Planning Justification Report (PJR) prepared by Up Consulting (dated September
18, 2024) reviews applicable policies from the Provincial Policy Statement 2020, which
was in force until October 20, 2024, in section 4.b. A decision on this application will be
made following this date — however, for the purposes of this proposal, the application of
PPS policies does not differ significantly between the two versions. Both PPS
documents and this application provide an emphasis on intensification within a
designated built-up area on serviced land, support an increase to the range and mix of
housing in the City of Kitchener (in this case, purpose-built rental units), and promote
use of alternative modes of transportation to private automobiles (through the provision
of limited parking and proximity to pedestrian infrastructure and transit options).
Land use compatibility is assessed in a separate Land Use Compatibility Report
(prepared by Up Consulting, dated September 3, 2024). More detailed comments on the
report are provided in the subsequent section, though in summary Regional staff are in
general agreement with the findings of the study. Compatibility with existing industrial
and sensitive (residential) uses nearby is also addressed by the noise study, which is
discussed further below. Regional staff are satisfied that the application is consistent
with the PPS 2024 overall.
Regional Official Plan (ROP)
Section 1.6 of the ROP establishes the Regional Planning Framework and Section
2.13.1 and 2.0 establish policies for the Urban System. Section 2.F establishes policies
and intensification targets within the Delineated Built -Up Area, which is set at 60 percent
annually for the City of Kitchener. Development in the Built Up Area is intended to
provide gentle density and support the achievement of 15 -minute neighbourhoods.
ROP policies are reviewed in section 4.d of the PJR. The proposed application provides
for residential density in a compact mid -rise built form that will contribute to the
achievement of Kitchener's intensification target for the Delineated Built Up Area, while
providing housing types not widely available in the immediate neighbourhood (one -
bedroom and live/work units). The development is also located in proximity to a range of
commercial and employment land uses, and is appropriately located in proximity to two
corridors well -served by transit (Victoria Street South and Highland Road West), as well
as the Henry Sturm Greenway.
Document Number: 4846076 Version: 2 Page 2 of 8
Page 102 of 998
In addition, Chapter 3 of ROPA 6 establishes policies for housing in the Region — the
provision of the proposed unit types in the development meets the policy intent of
section 3.A. Overall, Regional staff are satisfied that this application conforms to the
ROP.
Land Use Compatibility
Compatibility of the proposed development with nearby land uses and with reference to
the Ministry of Environment, Conservation and Parks' (MECP) D-6 Guideline is
assessed in the Land Use Compatibility Report (prepared by Up Consulting, dated
September 3, 2024) submitted in support of this application. The report identifies a
proximate multitenant light industrial land use at 313 Lawrence Avenue, which is
identified as a Class I facility (characterized by limited emissions of noise, dust and
odour) as per D-6 and located within an employment area as identified on Map 3 of the
City's Official Pan. Specifically, activities at this location are described as powder
coating and glass fabrication. While not immediately clear that these operations qualify
as Class I uses, the report and the noise study submitted in support of this application,
entitled Noise Feasibility Study, 288-292 Lawrence Avenue Development (prepared by
GRIT Engineering Inc., dated July 17, 2024) indicates that identified stationary sources
at 313 Lawrence Avenue do not produce significant noise volumes, and a review of the
exterior of the multitenant facility supports the report's contention that odour and dust
are not significant sources of concern at this location.
The completed peer review of the noise study (described further below) concurs with
report's characterization of the impact of noise sources at 313 Lawrence Avenue as
negligible on the proposed development. Regional staff also acknowledge and agree
that the proposed development is located outside the D-6 recommended separation
distance associated with 313 Lawrence Avenue for either a Class 1 and a Class 2 use
(20 metres and 70 metres respectively). Therefore, and on the basis of these findings,
the Region has no concerns with the proposed development's compatibility with the
MECP's D-6 guideline.
Corridor Planning
Conditions of OPA & ZBA Approval
Environmental Noise (Transportation and Stationary Sources)Study
Regional staff have received the noise study prepared in support of this application
entitled Noise Feasibility Study, 288-292 Lawrence Avenue Development, prepared by
GRIT Engineering Inc. (dated July 17, 2024). This report circulated to a third -party
reviewer; comments have been provided, and are summarized below:
The peer reviewer identified some errors in the analysis, but none affect the
study's conclusions and recommendations and therefore have not been itemized.
Contrary to statements in the study, appropriate stationary source analysis
involves combining noise impacts if more than one stationary source site affects
the proposed development. Therefore, noise limits do not apply individually to
each site featuring stationary sources, but are to be used to assess compliance
in conjunction with the predicted combined sound levels. However, in this case
Document Number: 4846076 Version: 2 Page 3 of 8
Page 103 of 998
combining the predicted sound levels from all stationary sources still results in
compliance and does not alter the conclusions of the study.
From the perspective of completeness, the peer reviewer notes that a
Consultant's Declaration or an Owner's Statement are not included in the study.
The applicant is advised to provide these to the City and Region for their records.
Overall, the peer reviewer concludes that the noise mitigation measures outlined
in the study are acceptable to meet the MOE and the Regional Municipality of
Waterloo guidelines.
In accordance with the recommendations of the study, Regional staff note that the
installation/provision of central air conditioning and inclusion of the following noise
warning clause in all agreements and offers of purchase and sale, lease/rental
agreements, and a future condominium declaration (as applicable) should be secured in
a registered development agreement between the owner/developer and the City of
Kitchener:
"This dwelling unit has been designed with the provision for adding central air
conditioning at the occupant's discretion. Installation of central air conditioning by
the occupant in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Municipality and the Ministry of the
Environment."
In addition and as identified in the study, a detailed noise study addressing final design
of the site and its impact on surrounding sensitive land uses and itself should be
prepared prior to site plan approval. Staff recommend that a holding provision be
applied to the subject lands in order to require this updated study, with the following
suggested wording:
That a holding provision shall apply to the entirety of the subject lands
until a satisfactory detailed stationary noise study has been completed
and implementation measures addressed to the satisfaction of the
Regional Municipality of Waterloo. The detailed stationary noise study
shall review the potential impacts of noise (e.g. HVAC systems) on the
sensitive points of reception and the impacts of the development on
adjacent noise sensitive uses.
Conditions of Future Site Plan Application
Note that the Region has no conditions associated with a future site plan application to
provide. The following comments from Grand River Transit are provided on an advisory
basis.
Grand River Transit (GRT)
The subject property is within approximately 210 metres of bi-directional stops served
by GRT Route 20 on Victoria Street South, and approximately 425 metres of stops on
Highland Road West served by GRT Route 204 iXpress. There are sidewalk
connections from the proposed development to these locations.
Document Number: 4846076 Version: 2 Page 4 of 8
Page 104 of 998
GRT Transportation Demand Management (TDM) staff also have the following
recommendations to provide to ensure this development is as transit -supportive as
possible, particularly important in relation to the relatively limited parking proposed
through the ZBA:
Regional TDM staff note that the applicant is requesting a parking reduction, and
are generally supportive of parking -reduced developments. In the parking study,
the applicant speaks to TDM measures such as unbundled parking and
subsidized transit passes. GRT TDM staff recommend the applicant work with
the City of Kitchener to incorporate TDM measure to support the parking
reduction.
Please not that the provision of subsidized transit passes incurs significant
financial and administrative costs. This initiative requires a commitment from the
owner/applicant to manage, administer, and fund the full cost of monthly transit
passes for residents. If this is to be considered by the applicant, further
consultation and confirmation of expectations between all three parties
(applicant, City, and Region/GRT) is required.
Environmental Threats & Record of Site Condition
In accordance with the Region's Implementation Guideline for the Review of
Development Applications on or Adjacent to Known and Potentially Contaminated Sites
and as identified in Regional pre -submission comments (dated December 12,2023), a
Record of Site Condition (RSC) is required in association with the ZBA application due
to the presence of a medium -risk potential threat of contamination in the Region's
Threats Inventory Database on the subject lands (associated with a previous use of the
lands — Peerless Turf Care Inc.). In addition, there are medium -risk threats located on
the adjacent lands at 298 Lawrence Avenue.
As the RSC and associated acknowledgement letter from the MECP have not been
submitted as part of a complete application, Regional staff will require a holding
provision implemented through the ZBA requiring the submission of the RSC and MECP
Acknowledgement Letter to the Region's satisfaction. Alternately, the City's Chief
Building Official may provide the Region with written confirmation that an RSC is
required under O. Reg 153/04. Required wording for the holding provision is as follows:
That a holding provision shall apply to the entirety of the subject lands
until a satisfactory Record of Site Condition has been submitted to the
Ministry of Conservation and Parks, and that the Record of Site
Condition and Ministry Acknowledgment Letter are provided to the
Regional Municipality of Waterloo.
Source Water Protection & Risk Management
This site is located in a wellhead protection sensitivity area (WPSA) as identified on
Map 6 of the ROP and source protection area under Part IV of the Clean Water Act. As
a result, Regional staff request that a prohibition on geothermal energy systems in the
amending zoning by-law for the site. Consistent with previous comments provided to the
Document Number: 4846076 Version: 2 Page S of 8
Page 105 of 998
applicant, vertical open -loop geothermal energy may be permitted subject to the
satisfactory completion of a hydrogeological study to assess risk to nearby municipal
drinking water supply wells — however, no hydrogeological study has been submitted,
and therefore the required wording for the prohibition is:
Geothermal energy systems are prohibited onsite. A geothermal energy
system 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 or a horizontal system.
In line with Clean Water Act requirements, the Risk Management Official advises that a
provisional risk management plan (RMP) has been negotiated for the development, and
the Section 59 Notice submitted is valid for the purposes of the OPA and ZBA
applications. Note that the provisional RMP expires prior to site plan, and negotiation of
a full RMP will be required before a Section 59 Notice valid for the site plan application
can be issued. The applicant is advised to contact the Risk Management Official
(rmo _regionofwaterloo.ca) to do so. Allow for sufficient time to negotiate the full RMP,
as an updated Notice will not be issued until a signed RMP update is complete.
Housing Services
The Region supports the provision of a full range of housing options, including
affordable housing. Should this amendment application be approved, staff recommend
that the applicant consider providing a number of affordable housing units on the site,
as defined in the Provincial Planning Statement, 2024 (PPS 2024). Rent levels and
house prices that are considered affordable according to the PPS 2024 are provided
below in the section on affordability.
For affordable housing to fulfill its purpose of being affordable to those who require rents
or purchase prices lower than the regular market provides, a mechanism should be in
place to ensure units remain affordable and establish income levels of the households
who can rent or own the homes.
Staff further recommend meeting with Housing Services to discuss the proposal in more
detail and to explore opportunities for partnerships or programs and mechanisms to
support a defined level of affordability.
Affordability in the City of Kitchener
For the purposes of evaluating the affordability of an ownership unit, based on the
definition in the PPS 2024, the purchase price is compared to the least expensive of:
Housing for which the purchase price
results in annual accommodation costs
which do not exceed 30 percent of gross $370,100
annual household income for low and
moderate income households
Document Number: 4846076 Version: 2 Page 6 of 8
Page 106 of 998
Housing for which the purchase price is
at least 10 percent below the average
purchase price of a resale unit in the
regional market area
Single
$810,000
Semi
$603,000
Town
$567,000
Condo Apt.
$414,000
*Based on the most recent information available from the Provincial Bulletin June 2024.
For an owned unit to be deemed affordable, the maximum affordable house price in the
City of Kitchener is $370,100
For the purposes of evaluating the affordability of a rental unit, based on the definition in
the Principal Policy Statement 2024, the average rent is compared to the least
expensive of:
A unit for which the rent does not exceed
30 per cent of the gross annual
household income for low and moderate
$2,040
income renter households
A unit for which the rent is at or below
Studio
$1,117
the average market rent (AMR) in the
1 -Bed
$1,322
regional market area
2 -Bed
$1,594
3+- Bed
$1,779
*Based on the most recent information available from the Provincial Bulletin June 2024.
For a rental unit to be deemed affordable, the average rent for all unit sizes must be at
or below the AMR for that unit size in the City of Kitchener.
Please do not hesitate to contact Housing Services staff directly at
JMaanMiedema(a)reaionofwaterloo.ca or 226-753-9593 should you have any questions
or wish to discuss in more detail.
Fees
The Region is in receipt of the OPA ($7,000) and ZBA ($3,000) review fees, as well as
the peer review fees for the noise study ($5,085). All fees were received on December
9, 2024.
Conclusions & Next Steps
Regional staff have no objection to this application, provided:
Document Number: 4846076 Version: 2 Page 7 of 8
Page 107 of 998
A holding provision is applied to the property requiring acceptance of the
preliminary noise study by the Region and the completion of a detailed noise
study prior to site plan approval.
A holding provision is applied to the entirety of the property requiring submission
of an RSC and MECP acknowledgement letter to the Region.
The amending zoning by-law includes a site-specific geothermal energy
prohibition as outlined above.
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 the
undersigned.
Yours truly,
Will Towns, RPP
Senior Planner
C. David Galbraith, Up Consulting (Applicant)
Document Number: 4846076 Version: 2 Page 8 of 8
Page 108 of 998
Hi Brian,
Engineering and Kitchener Utilities have reviewed the Functional Servicing Report and are in support of
the OPA/ZBA.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering I City of Kitchener
519-783-8319 1 !±Eis.bne....gc u � �. ko cl U� r
i
Page 109 of 998
No comments or concerns from fire for this one.
Thank you,
Jennifer Arends
Page 110 of 998
Hi Brian,
no heritage planning issues or concerns with this application.
Thanks!
Kind Regards,
Deeksha Choudhry, MSc., BES
Heritage Planner I Development and Housing Approvals Division I City of Kitchener
200 King Street West, 6th Floor I P.O. Box iii8 j Kitchener ON N2G 4G7
519-741-22oo ext. 7602
deeksha.choudhrv(&kitchener.ca
��' I I ; I , ' " =]U I" X11 li'ezz'n. � � � �
Page 111 of 998
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
Address: 288-292 Lawrence Ave
Owner: S&S Stemco Inc c/o Scott Stemerdink
Application: OPA24/014/L/BB and ZBA24/030/L/BB
Comments Of: Park Planning
Commenter's Name: Lenore Ross
Email: Lenore. ross@kitchener.ca
Phone: 519.783.8917
Date of Comments: Dec 09 2024
Documents Reviewed:
I have reviewed the documentation noted below submitted in support of an OPA and/or ZBA to allow the
redevelopment of the above noted property with a 3 -storey multiple dwelling with 18 units and 18 parking
spaces.
• Circulation letter to departments and agencies
• Tree Management Report and Tree Management Plan and Details - Hill Design Studio.
• Conceptual Site Plan SRM Architects
• Planning Justification Report / Urban Design Report — up consulting and SRM Architects.
• Renderings - 3 images SRM Architects
Site Specific Comments & Issues:
Park Planning has no significant concerns with the proposed Official Plan and Zoning Bylaw amendments
and can provide conditional support subject to the minor updates to submitted studies noted below.
Comments on Submitted Documents
Conceptual Site Plan and renderings - SRM Architects
• The conceptual site plan shows an on-site outdoor amenity space at the rear of the property, and
this is positive.
• The conceptual site plan should also accommodate garbage storage / pick up.
• Communal mail facilities will also be required on site.
• The renderings include positive elements such as a shade structure, seating and play elements;
commentary regarding the intended elements should be included in the PJR/UDB
• Minor updates are required.
Planning Justification Report / Urban Design Report and 3 Renderings — Up Consulting and SRM
Architects
• Some images contained tin the PJR/UDR were absent e.g. Figure 1 Site Design and Figure 2.
Preliminary Floor Plans.
• The renderings include a shade structure, seating and play elements; commentary regarding the
intended elements should be included in the PJR/UDB
• Minor updates are required.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
18 f9 of 998
City of Kitchener
Zone Change / Official Plan Amendment Comment Form
Policies, Standards and Resources:
• Kitchener Official Plan
• City of Kitchener Park Dedication Bylaw 2022-101 and Park Dedication Policy MUN-PLA-1074
• 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
Anticipated Fees:
Parkland Dedication
Parkland dedication requirements will be deferred at the Official Plan Amendment and Zoning By-law
Amendment applications and assessed at a future Site Plan Application. Parkland dedication will be
assessed based on the land use class and density approved through the OPA/ZBA and required as a
condition of Site Plan Approval. Parkland dedication will be taken as cash -in -lieu of land according to
the Planning Act, Parkland Dedication Bylaw 2022-101 and Parkland Dedication Policy in effect.
An estimate is provided using the approved land valuation of $3,830,000/ha and a dedication rate of
1ha/1000 units; a maximum dedication of either land or CIL of 10% and a capped rate of $11,862/unit.
The estimated cash -in -lieu park dedication for the proposed 0.166029ha site with 18 proposed units
(credit for demolition of 2 existing legal units — to be confirmed) is $61,280.
Calculation -
18 -2 units/1000 units x $3,830,000/ha = $61,280 (alternate rate Bylaw 2022-101)
0.1626ha x 0.05 x $3,830,000/ha = $31,138 (5% rate Bylaw 2022-101)
0.166029ha x 0.1 x $3,830,000/ha = $62,276 (More Homes Built Faster Act 10% cap)
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
IYU fi A of 998
From: Sarah West <sarah_west@wrdsb.ca>
Sent: Monday, December 16, 2024 5:35 PM
To: Brian Bateman
Cc: Christine I<ompter; Waterloo Region District School Board
(planning@wrdsb.ca)
Subject: Re: [Planning] Circulation for Comment - 288-292 Lawrence Avenue
(OPA/ZBA)
w ��„ ';,�� 111 r m w 'r
Brian Bateman
December 16, 2024
Re: OPA ZBA Circulation for Comment
File No.:
Municipality: Kitchener
Location: 288-292 Lawrence Ave
Owner/Applicant: S&S Stemco Inc
Dear Brian,
The Waterloo Region District School Board (WRDSB) has reviewed the above -noted application that
proposes the development of 18 one bedroom units in a three storey building. The WRDSB offers the
following comments.
Student Accommodation
At this time, the subject lands are within the following WRDSB school boundaries:
• J.F. Carmichael Public School (Junior Kindergarten to Grade 6);
• Queensmount Public School (Grade 7 to Grade 8); and
• Forest Heights Collegiate Institute (Grade 9 to Grade 12).
Student Transportation
Student Transportation Services of Waterloo Region (STSWR)'s school buses will not travel privately
owned or maintained rights-of-way to pick-up/drop-off students. Transported students will be required to
meet the bus at a congregated bus pick-up point. STSWR may have additional comments about student
pick-up point(s) placement on municipal rights-of-way.
WRDSB Draft Conditions (future Condo Consideration)
Concerning any future declaration or agreement, the WRDSB requests the following inclusions in the
conditions of Draft Approval:
1. That the Owner/Developer shall include the following wording in the condominium declaration to
advise all purchasers of residential units and/or renters of same:
a. "Despite the best efforts of the Waterloo Region District School Board (WRDSB),
accommodation in nearby facilities may not be available for all anticipated students.
You are hereby notified that students may be accommodated in temporary facilities
and/or bussed to a school outside the area, and further, that students may, in future,
be transferred to another school."
b. "For information on which schools are currently serving this area, contact the WRDSB
Planning Department at 519-570-0003 ext. 4419, or email planninp(c_wrdsb.ca.
Page 114 of 998
Information provided by any other source cannot be guaranteed to reflect current
school assignment information."
c. "In order to limit risks, public school buses contracted by Student
Transportation Services of Waterloo Region (STSWR), or its assigns or
successors, will not travel on privately owned or maintained right-of-ways
to pick up and drop off students, and so bussed students will be required
to meet the bus at a congregated bus pick-up point"
2. That the Owner/Developer enters into an agreement with the City of Kitchener to be registered on
the title to the Property that provides:
a. All agreements of purchase and sale or leases for the sale or lease of a completed home
or a home to be completed on the Property must contain the wording set out below to
advise all purchasers of residential units and/or renters of same."
"Despite the best efforts of the Waterloo Region District School Board (WRDSB),
accommodation in nearby facilities may not be available for all anticipated
students. You are hereby notified that students may be accommodated in
temporary facilities and/or bussed to a school outside the area, and further, that
students may, in future, be transferred to another school."
"For information on which schools are currently serving this area, contact the
WRDSB Planning Department at 519-570-0003 ext. 4419, or email
planning(d)wrdsb.ca. Information provided by any other source cannot be
guaranteed to reflect current school assignment information. "
iii. "In order to limit risks, public school buses contracted by Student
Transportation Services of Waterloo Region (STSWR), or its
assigns or successors, will not travel on privately owned or
maintained right-of-ways to pick up and drop off students, and so
bussed students will be required to meet the bus at a congregated
bus pick-up point"
3. That in cases where Agreements of Purchase and Sale have already been executed, the
Owner/Developer sends a letter to all purchasers which include the above statements
(conditions 2 a. i., ii., and iii.).
4. That the Owner/Developer supply, erect and maintain a sign (at the Owner/Developer's expense
and according to the WRDSB's specifications), near or affixed to the development sign, advising
prospective residents about schools in the area and that prior to final approval, the
Owner/Developer shall submit a photo of the sign for review and approval of the WRDSB.
5. Prior to final approval, the WRDSB advises in writing to the Approval Authority how the above
condition(s) has/have been satisfied.
Please be advised that any development on the subject lands is subject to the provisions of the WRDSB's
Education Development Charges By-law, 2021, as amended or any successor thereof and may require
the payment of Education Development Charges for these developments prior to issuance of a building
permit.
Page 115 of 998
The WRDSB requests to be circulated on any subsequent submissions on the subject lands and reserves
the right to comment further on this application.
If you have any questions about the comments provided, don't hesitate to contact the undersigned.
Sincerely,
Sarah West
Senior Planner
Waterloo Region District School Board
51 Ardelt Avenue, Kitchener ON, N2C 2R5
Email:sarah westp_wrdsb.ca
Website: www.wrdsb.ca
On Thu, Nov 21, 2024 at 11:24 AM 'Christine Kompter'via Planning <glanning(E0wrdsb.ca>
wrote:
Please see attached. Additional documentation can be found in AMANDA folders 24
130749 & 24 130753 (City staff) and ShareFile (external agencies). Comments and
questions should be directed to Brian Bateman, Senior Planner
(b ria n. bate man(ftitchener.ca; 519-783-8905).
Christine Kompter
Administrative Assistant I Development Services Department - Planning I City of Kitchener
200 King Street West, 6` Floor I P.O. Box 1118 1 Kitchener ON N2G 4G7
(NEW) 519-783-81471 TTY 1-866-969-9994 1 christine.kompter kitchener.ca
DDDDDDDD
Page 116 of 998
Page 117 of 998
Hi Brian,
The Waterloo Catholic District School Board has reviewed the subject application and
based on our development circulation criteria have the following comment(s)/condition(s):
1. That any Education Development Charges shall be collected prior to the issuance of
o buiidingpernnit(a).
Kind regards,
Isabelle Lung Ler
Planning Technician
VVmteriomCethoUcDistrict SchooiBoard
Phone: 51S -578-3677x2355
Page 118 of 998
From: Nikki St Clair
Sent: Monday, January 6, 2025 6:01 PM
To: Brian Bateman
Subject: 288-292 Lawrence Ave
You don't often get email from
Dear Brian,
have received a notice of proposed development in my neighbourhood, and would lil<e to
provide some feedback. The application is regarding the properties at 288-292 Lawrence
Ave.
Firstly, I am concerned about the impact of this development on our local wildlife. There
are a large number of trees, bushes/shrubs, and other plants on these properties that
provide vital habitat to many birds, mammals, and insects. Removing these trees would
also impact our neighbourhood's canopy coverage.
am also concerned about the affordability of the new dwelling units. As I'm sure you are
well aware, we are in the midst of a deepening housing crisis, and development of new
units that are not affordable to Kitchener residents will only exacerbate this problem.
Lastly, I feel that the proposed 18 bicycle parking spaces (one per unit) is too few. As a
community, we need to be doing more to encourage residents to choose cycling as a mode
of transportation, which delivers health benefits for the rider, as well as being a more
environmentally sustainable option to driving. Only providing one bicycle parking space per
unit would likely lead to fewer residents choosing cycling as their mode of transportation.
To mitigate these concerns, I would support the development if:
• The same number of trees that are cut down to allow for construction are replaced
with native species and other native shrubs and flowers are planted on the
property as well, to support local wildlife. I would also be in support of a
community garden on the property grounds.
• The new dwelling units are affordable, especially if they are eligible for Rent -
Geared -to -Income (RGI) programs, rent supplement programs, or at least some of
the units are offered at below average market rent.
• Additional bicycle parl<ing spaces are added to the development plan, ideally a
secure indoor parking facility/room for bicycles with 24/7 access for residents.
Thank you for your consideration.
Sincerely,
Page 119 of 998
Nicole St Clair
Lawrence Ave
Page 120 of 998
From: karin burgess
Sent: Wednesday, January 8, 2025 11:11 AM
To: Brian Bateman
Subject: re: lawrence st development
Follow Up Flag: Follow up
Flag Status: Flagged
You don't often get email from
hi Brian...
I have lived here for over 60 yrs and watched sadly how the city has changed, in my opinion,
not for the better, the small town ambiance that
attracted our family immigrating from Germany in the early 60's is so slowly disappearing and
it's not something someone would understand
that has not gone through that process of so-called progress... and seeing the picture of this
new development slatted for Lawrence st is another
example of slapping some lego-looking blocks together without character or charm and
certainly does not fit into the neighbourhood... I have no
objection for the building as it is at least not 40 storeys tall... Are there details to come, like
rental or condo or ?? I hope the little garden near the front
of the sidewalk is staying as many people have contributed towards its upkeep and there really
is no reason to remove it, right? and hope for more
of the same like keeping trees and shrubs etc..
will it be with an elevator? 1 or 2 more bedrooms? size of units?
Anyway, I won't take any more of your time, thanks for the chance to put in my 5 cents,
�n
(inflation) 7 Karin
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