HomeMy WebLinkAboutDSD-2021-69 - ZBA/20/011/E/KA - 138 Ebydale Drive - Reid's Heritage Homes Ltd.i
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REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 14, 2021
SUBMITTED BY: Bustamante, Rosa - Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Dumart, Craig — Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: May 11, 2021
REPORT NO.: DSD -2021-69
SUBJECT: Zoning By-law Amendment ZBA/20/01 1 /E/KA
138 Ebydale Drive
Reid's Heritage Homes Ltd.
RECOMMENDATIONS:
That Zoning By-law Amendment Application ZBA20/01 1 /E/KA for Reid's Heritage Homes Ltd.
be approved in the form shown in the "Proposed By-law", and "Map No. 1" and "Map No. 2",
attached to Report DSD -2021-69 as Appendix "A"; and
That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor
variances shall be permitted for lands subject to Zoning By-law Amendment Application
ZBA/20/011 /E/KA.
REPORT HIGHLIGHTS:
• The purpose of this report is to evaluate and provide a planning recommendation to approve
the Zoning By-law Amendment application for the subject property located at 138 Ebydale
Drive.
• Community engagement included:
o circulation of a preliminary notice letter to owners of property within 120m of the
subject site;
o installation of notice signage on the property;
o follow up one-on-one correspondence with members of the public;
o notice letter advising of the public meeting was circulated to all property owners within
120 metres of the subject site, those who responded to the preliminary circulation;
and,
o notice of the public meeting was given in The Record on May 21, 2021.
• This report supports the delivery of core services.
EXECUTIVE SUMMARY:
The owner of the subject property located at 138 Ebydale Drive is proposing a Zoning By-law
Amendment to rezone the subject property from Residential Zone R-2 to Residential Six Zone R-6
with a new Special Regulation Provision for reduced parking and building setbacks.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND
Reid's Heritage Homes Ltd. has made an application to the City of Kitchener for a Zoning By-law
Amendment proposing to change the zoning of the subject lands at 138 Ebydale Drive to permit the
lands to be developed with multiple residential buildings, in the form of eight townhouse blocks with
36 units in total. The lands are designated Low Rise Residential in the City of Kitchener Official Plan
and zoned Residential Two Zone (R-2) with Special Regulation Provision 1 R applying to a portion
of the property.
Existing zoning permissions include:
• Residential Two Zone: Permits primarily single detached and duplex dwellings
• Special Regulation 1 R: Indicates that the lands are regulated by the GRCA;
The subject lands are located southeast of the Ottawa Street North and Lackner Boulevard
intersection on the north side of Ebydale Drive (Figure 1). The subject site is approximately 116
metres wide, approximately 112 metres deep with an overall area of 1.2 hectares (3.01 acres). The
subject lands are presently developed with a single detached dwelling. The eastern portion of the
subject lands are partially located with the Grand River Conservation Authority Regulated Area.
Reid's Heritage Homes Ltd. also owns the lands to the north of the subject property at 1000 Lackner
Boulevard which is currently under construction with approvals for six multiple residential buildings
containing 358 units. To the east of the property is a natural area known as Natchez Hills (which is
an Environmentally Sensitive Policy Area) which is owned by the City of Kitchener.
SUBJECT AREA
"` 6
Figure 1 - Location Map: 138 Ebydale Drive
REPORT:
The applicant is proposing to change the zoning of the subject lands at 138 Ebydale Drive to permit
the development of multiple residential buildings. The proposed development includes 8 townhouse
blocks, each building 2 storeys in height with 36 units in total (Figure 2). Each of the townhouse units
will have an internal parking space located within an attached garage. Additional surface parking
spaces for unit owners, visitor spaces, and barrier free parking spaces are also proposed.
The abutting lands owned by the applicant at 1000 Lackner Boulevard will provide the proposed 36 -
unit multiple dwelling development with access to Lackner Boulevard via a private condominium
road. A secondary access for emergency vehicles only will be provided from Ebydale Drive. The
applicant intends to merge the subject lands at 138 Ebydale Drive with 1000 Lackner Boulevard, into
one property and register the consolidated development as one Standard Plan of Condominium.
Figure 2. Concept Plan for the 36 -unit multiple dwelling development at 138 Ebydale Drive
Plannina Analvsis:
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. The PPS sets out a policy framework for sustainable
healthy, liveable and safe communities. The PPS promotes efficient development and land use
patterns, as well as accommodating an appropriate mix of affordable and market-based residential
dwelling types with other land uses, while supporting the environment, public health and safety.
Provincial policies promote the integration of land use planning, growth management, transit -
supportive development, intensification, and infrastructure planning to achieve cost-effective
development patterns, optimization of transit investments, and standards to minimize land
consumption and servicing costs.
With respect to provincial policies regarding public health and safety, the Grand River Conservation
Authority (GRCA) has confirmed that they have no concerns with the proposed Zoning By-law
Amendment. Planning staff is of the opinion that the applications are consistent with the PPS for
health and safety matters.
Planning staff is of the opinion that the proposed applications will facilitate the intensification of the
subject property with a multiple dwelling development that is compatible with the surrounding
community and will make use of the existing infrastructure. No new public roads would be required
for the proposed development and Engineering staff have confirmed there is capacity in the sanitary
sewer to permit intensification on the subject lands.
Based on the foregoing, staff is of the opinion that this proposal is in conformity with the PPS
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to parks, trails and transit.
The subject lands are located within the City's delineated built up area. The proposed development
represents intensification and will help the City achieve density targets. The proposed designation
and zoning will support a higher density housing option that will help make efficient use of existing
infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the applications
conform to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Built -Up Area in the ROP. This neighbourhood
provides for the physical infrastructure and community infrastructure to support the proposed
residential development, including transportation networks, municipal drinking -water supply and
wastewater systems, and a broad range of social and public health services. Regional policies
require Area Municipalities to plan for a range of housing in terms of form, tenure, density and
affordability to satisfy the various physical, social, economic and personal support needs of current
and future residents. Regional staff have indicated that they have no objections to the proposed
applications (Appendix `C') Planning staff are of the opinion that the applications conform to the
Regional Official Plan.
City of Kitchener Official Plan:
Urban Structure
The subject lands are located within the `Community Areas' in the City's Urban Structure (Map 2).
The planned function of Community Areas is to provide for residential uses as well as non-residential
supporting uses intended to serve the immediate residential areas.
Land Use Designation
The subject lands are designated Low Rise Residential and Open Space (Map 3) in the 2014 Official
Plan. The Low Rise Residential land use designation permits a full range of low density housing
types which may include single detached dwellings, semi-detached dwellings, street townhouse
dwellings, and low-rise multiple. The Low Rise Residential land use designation considers a Floor
Space Ratio up to 0.75 and allows a maximum building height of 3 storeys or 11 metres.
Housing
The City's primary objective with respect to housing in the Official Plan is to provide for an
appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to
satisfy the varying housing needs of our community through all stages of life. To ensure that new
residential areas and the redevelopment of lands for residential uses and residential infill projects
reflect a high standard of urban design. The proposed Zoning By-law amendment increases the
range of dwelling units available in the city and the proposed development offers modern townhouse
units that reflect a high standard of urban design.
Policy Conclusion
Planning staff are of the opinion that the proposed Zoning By-law amendment is consistent with
policies of the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden
Horseshoe, the Regional Official Plan and the City of Kitchener Official Plan, and represents good
planning.
Proposed Zoning By-law Amendment:
The subject lands are currently zoned Residential Two Zone (R-2) with Special Regulation Provision
1 R applying to a portion of the property.
The applicant has requested an amendment to Zoning By-law 85-1 change the zoning on the lands
as follows (and further detailed and shown on Map No.1):
Area 1: From Residential Two Zone (R-2) to Residential Six Zone (R-6) with Special
Regulation Provision 771 R and Property Detail Schedule 43.
Area 2: From Residential Two Zone (R-2) with Special Regulation Provision 1 R and Property
Detail Schedule 4 to Residential Six Zone (R-6) with Special Regulation Provisions
1 R and 771 R and Property Detail Schedule 43.
Special Regulation 1 R, which specifies that the lands are regulated by the GRCA, currently applies
to a portion of the lands and will continue to apply.
Official Plan policies indicate that where special zoning regulations are requested for residential
intensification or a redevelopment of lands, the overall impact of the site specific zoning regulations
will consider compatibility with existing built form; appropriate massing and setbacks that support
and maintain streetscape and community character; appropriate buffering to mitigate adverse
impacts, particularly with respect to privacy; avoidance of unacceptable adverse impacts by
providing appropriate number of parking spaces and an appropriate landscaped/amenity area.
Staff offer the following comments with respect to the proposed site-specific Special Regulation
Provision (771 R)
a) On-site parking be provided at a minimum rate of 1.3 parking spaces per unit.
The purpose of this regulation is to provide a parking rate which is appropriate for the
development. Zoning By-law 85-1 requires a parking rate of 1.75 spaces per unit (inclusive
of visitor spaces). The proposed multiple dwelling consists of 36 townhouse units and each
of the 36 units have an attached garage. The legal parking spaces for the units will be located
within the attached garage and an additional parking space can be accommodated in the
driveways of these units, however, the space within the driveway is not counted towards the
overall parking rate or visitor parking rate. Planning and Transportation Services staff is of
the opinion that the parking rate is appropriate for the subject lands.
b) Visitor parking be provided at a minimum rate of 15% of the total required parking spaces.
The purpose of this regulation is to provide adequate visitor parking spaces on site, as off
site on street parking is not available for visitors. Zoning By-law 85-1 requires a visitor
parking rate of 20% of the total required parking. As noted above, the proposed development
consists of 36 townhouse units and each have an attached garage. The legal parking spaces
for the units will be located within the attached garage and an additional parking space for
visitors or the unit owner can be accommodated in the driveways of these units. Planning
and Transportation Services staff is of the opinion that the parking rate is appropriate for the
subject lands.
c) Minimum rear yard setback of 1.5 metres.
The rear yard of the proposed development functions as a side yard. Furthermore, the rear
yard for this proposed development will no longer exist once the subject lands are
consolidated with 1000 Lackner Boulevard.
d) Minimum easterly side yard setback of 7.0 metres. Stormwater management facilities
are permitted within this setback.
The proposed townhouse side yards function as rear yards. Rear yards are intended to
provide adequate amenity space for unit owners/occupants. As the side yard functions as a rear
yard, the 7.0 metre side yard setback is appropriate and will provide an adequate outdoor
amenity area for each of the units.
e) Maximum building height of 10.5 metres and in no case shall exceed 356.5 metres Above
Sea Level.
The Region of Waterloo International Airport is located to the east of the subject lands.
Transport Canada regulates zoning around airport. Airport zoning regulations (AZR) restrict
the heights of buildings, structures, and objects on regulated lands. The AZR value for the
subject lands is 356.5 metres above sea level.
f) No buildings or Structures (including decks, terraces, or balconies) shall be located within
Area 1 of Property Detail Schedule 43.
The intent of this regulation is to ensure the development does not impact the adjacent
Environmental Sensitive Area.
Staff is of the opinion that the proposed R-6 Zone together with Special Regulation Provisions 1 R
and 771R will provide for a form of development that is compatible with the neighbourhood,
appropriately accommodate on-site parking needs, and which represents good planning. Staff
recommend that the proposed Zoning By-law amendment be approved as shown in Appendix "A".
Department and Agency Comments:
Preliminary circulation of the Zoning By-law amendment was undertaken on July 29, 2020 to
applicable City departments and other review authorities. No major concerns were identified by any
commenting City department or agency. Additional consideration will be addressed through the site
development approval process. A consolidation of comments is attached as Appendix `C' of this
report.
The following reports and studies were considered as part of this proposed Zoning By-law
amendment:
• Planning Justification Report
Prepared by: MHBC Planning, July 2020
• Urban Design Report
Prepared by: MHBC Planning, July 2020
• Functional Servicing and Preliminary Stormwater Management Report and
Prepared by: MTE, February 20201
• Geotechnical Slope Assessment
Prepared by: MTE, November, 2020
• Environmental Impact Study
Prepared by: WSP, February 2021
• Tree Management Plan
Prepared by: WSP, February 2021
Community Input & Staff Responses
Staff received three written responses from three households with respect to the proposed
development. These have been attached in Appendix `D' of this report. All comments received
shared concerns that the development would result in negative impacts to the adjacent vegetation.
Staff connected with each of the residents and explained the proposed development would not
impact vegetation that is located within the Natchez Hill Environmentally Sensitive Policy Area, and
an additional 10 metre dripline setback will be applied. The dripline buffer further helps to protect the
edge of the forest from development.
Planning Conclusions
In considering the foregoing, staff are supportive of the Zoning By-law amendment. Staff is of the
opinion that the subject applications are consistent with policies of the Provincial Policy Statement
(2020), conform to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and
the City of Kitchener Official Plan and represent good planning. Staff recommends that the
applications be approved.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting. Notice signs were posted on the property and information regarding
the application posted to the City's website in the summer of 2020. Following the initial circulation
referenced below, an additional courtesy notice of the public meeting was circulated to all property
owners within 120 metres of the subject lands, those responding to the preliminary circulation and
Notice of the Public Meeting was posted in The Record on May 21, 2021 (a copy of the Notice may
be found in Appendix `B').
CONSULT — The proposed Zoning By-law Amendment was originally circulated to property owners
within 120 metres of the subject lands on July 29, 2020. In response to this circulation, staff received
written responses from 3 households, which are included in Appendix `D'.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R.S.O. 1990, c. P.13
• Growth Plan, 2020
• Provincial Policy Statement, 2020
• Regional Official Plan
• City of Kitchener Zoning By-law 85-1
• City of Kitchener Official Plan
APPROVED BY: Readman, Justin - General Manager, Development Services
APPENDIX&
Appendix A — Proposed Zoning By-law Amendment
Appendix B — Newspaper Notice
Appendix C — Department and Agency Comments
Appendix D — Public Comments
PROPOSED BY — LAW
2021
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended, known as
the Zoning By-law for the City of Kitchener
— Reid's Heritage Homes Ltd. and 883928 Ontario Limited
— 138 Ebydale Drive.)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Schedule Number 234 of Appendix "A" to By-law Number 85-1 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 Residential Two Zone (R-2) to
Residential Six Zone (R-6) with Special Regulation Provision 771 R and Property Detail
Schedule 43.
2. Schedule Number 234 of Appendix "A" to By-law Number 85-1 is hereby amended by
changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on
Map No. 1, in the City of Kitchener, attached hereto, from Residential Two Zone (R-2) with
Special Regulation Provision 1 R and Property Detail Schedule 4 to Residential Six Zone
(R-6) with Special Regulation Provisions 1 R and 771 R and Property Detail Schedule 43.
3. Schedule Number 234 of Appendix "A" to By-law Number 85-1 is hereby further amended
by incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
4. Appendix "B" to By-law 85-1 is hereby amended by adding as Property Detail Schedule
No. 43 thereto, as shown on Map No. 2 attached hereto.
5. Appendix "D" to By-law 85-1 is hereby amended by adding Section 771 thereto as follows:
"771. Notwithstanding Sections 6.1.2, 40.2.6 of this By-law within the lands zoned R-6
and shown as being affected by this subsection on Schedule Number 234 of
Appendix "A", the following special regulations shall apply:
a) On-site parking be provided at a minimum rate of 1.3 parking spaces per unit.
b) Visitor parking be provided at a minimum rate of 15% of the total required
parking spaces.
c) Minimum rear yard setback of 1.5 metres.
d) Minimum easterly side yard setback of 7.0 metres.
e) Maximum building height of 10.5 metres and in no case shall exceed 356.5
metres Above Sea Level.
f) No buildings or Structures (including decks, terraces, or balconies) shall be
located within Area 1 of Property Detail Schedule 43."
PASSED at the Council Chambers in the City of Kitchener this
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DATE JUNE 1, 2021 DETAIL from SCHEDULE NO. 234 ofAPPENDIVA' o METRIA
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED ZONING BY-LAW AMENDMENT
UNDER SECTION 34 OF THE PLANNING ACT
138 Ebydale Drive
Reid's Heritage Homes Ltd. has made an application to the City of Kitchener for a Zoning By-law Amendment
proposing to change the zoning of the subject lands at 138 Ebydale Drive to permit the lands to be developed with
multiple residential buildings, in the form of eight townhouse blocks with 36 units in total.
In keeping with physical distancing measures recommended by Public Health due to COVID-19, an
electronic public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee
of Council which deals with planning matters, on:
Monday, June 14, 2021 at 7:00 p.m.
(live -stream video available at kitchener.ca/watch now)
If you wish to make written and/or verbal comments either in support of, or in opposition to, the above noted
proposal you may register as a delegation at kitchener.ca/delegations or by contacting Legislated
Services at 519-741-2200 ext. 2203 by no later than 4:00 p.m. on June 14, 2021. A confirmation email and
instructions for participating in the meeting electronically with be provided once your registration is received.
If a person or public body would otherwise have an ability to appeal the decision of the City of
Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral
submissions at a public meeting or make written submissions to the City of Kitchener prior to
approval/refusal of this proposal, the person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATION is available by contacting the staff person noted below or by viewing the report
contained in the meeting agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date
in the Calendar of Events and select the appropriate committee).
Craig Dumart, Planner - 519-741-2200 x 7073 (TTY: 1-866-969-9994) craig.dumartakitchener.ca
Region of Waterloo
Craig Dumart, MCIP, RPP
Planner
City of Kitchener
200 King Street West, 6th Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Mr. Dumart,
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg ionofwaterloo.ca
Melissa Mohr 1-226-752-8622
File: C14/2/20011
April 27, 2021
Re: Proposed Zoning By-law Amendment ZBA 20/011 (2"d
Submission)
138 Ebydale Drive
MHBC Planning Inc. on behalf of Reid's Heritage Homes
CITY OF KITCHENER
MHBC Planning Inc. has resubmitted a Zoning By-law Amendment for a development
proposal at 138 Ebydale Road (subject lands) in the City of Kitchener. The purpose and
effect of the proposed Zoning By-law Amendment is to rezone the property from the
Residential Two (R2) Zone to the Residential Six (R6) Zone with Special Zone
Provisions to permit the construction of 36 Townhouse dwellings within eight (8) blocks
on the subject lands. The applicant intends to demolish the existing buildings and
structures on site to facilitate this development.
The site is located in the `Urban Area' of the City of Kitchener and is designated `Built -
Up Area' within the Regional Official Plan. The site is located in a Community Area of
the City of Kitchener and is designated Low Rise Residential within the City of Kitchener
Official Plan. The site is currently zoned Residential 2 (R2) 1 R (116) Zone in the City of
Kitchener Zoning By-law.
The applicant is proposing a site specific Zoning By -Law Amendment to the Residential
6 (R6) Zone with special provisions to permit a parking rate of 1.33 spaces/unit and to
permit a rear yard setback of 1.67 m.
The Region has had the opportunity to review the proposal and offers the following:
Document Number: 3639380 Version: 1
Regional Comments
Consistency with Provincial Legislation and Regional Official Plan Conformity
The subject lands are designated "Urban Area" and "Built -Up Area" on Schedule 3a of
the Regional Official Plan (ROP) and the site is located in a Community Area and
designated Low Rise Residential in the City of Kitchener Official Plan. Regional staff
understand that the proposal contributes to the density in the built up area and that the
density proposed through this development will exceed 55 persons and jobs/ha.
Within the Urban Area, the Region directs the majority of growth to the Urban Growth
Centers, Major Transit Station Areas, Reurbanization Corridors, Major Local Nodes and
Urban Designated Greenfield Areas. These areas are planned to have a more compact
form with a mix of employment, housing and services in close proximity of each other
and higher frequency transit.
Regional staff have no objections to the application, subject to the following being
addressed:
Corridor Planning
Access Permit/TIS/Access Regulation:
The Region of Waterloo has no further concerns related to vehicular access.
Environmental Noise:
Development proposed on this site may encounter environmental noise from Lackner
Boulevard and Ottawa Street North and it is the responsibility of the applicant to ensure
the proposed development is not adversely affected by anticipated noise impacts.
Therefore, the applicant must prepare an Environmental Noise Study in accordance
with the noise level criteria and guidelines for contained within the Ministry of the
Environment's NPC -300 requirements. The Environmental Noise Study can be
deferred to the plan of condominium stage.
The consultant who prepares the Environmental Noise Study must be pre -approved by
the Region of Waterloo and is responsible for obtaining current information, applying
professional expertise in performing calculations, making detailed and justified
recommendations and submitting the Consultants Noise Study Declaration and
Owner/Authorized Agent Statement. The consultant preparing the Environmental Noise
Study must contact Region of Waterloo staff for transportation data including traffic
forecasts and truck percentages for the purpose of preparing the Environmental Noise
Study. Regional staff will provide this data within three weeks of receiving the request
from the noise consultant provided the required fee of $250.00 and the Transportation
Planning Noise Assessment Fee Form is provided. The form can be found here:
http://www.regionofwaterloo.ca/en/doingBusiness/resources/Noise Assessment Applic
ation Fee Form.pdf
Document Number: 3639380 Version: 1
Region of Waterloo International Airport.
The subject lands are located within the Region of Waterloo International Airport Zoning
Regulated area, just north of Runway 08 approach/take off surface. The building height
restriction in this area is established at 356.5m Above Sea Level (ASL) and the
maximum building height is proposed on site is 356.25m, as noted in the Planning
Justification Report. Please be advised that the development proposal and associated
construction infrastructure (e.g. construction cranes or scaffolding), is not permitted to
encroach into the Airport Regulated area. Regional Staff respectfully request that the
maximum permitted building height of 356.5 m ASL due to the subject lands
proximity to the Region of Waterloo International Airport be included as a special
regulation within the Zoning By-law to ensure the maximum building height is
complied with. In addition, Regional staff will review the detailed building elevations
through the site plan application.
Furthermore, due to the proximity of the proposed development to the Region of
Waterloo International Airport, the owners and/or tenants of the development will be
subject to aircraft noise and visual presence. The owner shall be required to enter
into an agreement with the Region of Waterloo at a future condominium stage for
the implementation of an airport noise -warning clause. In addition, the noise -
warning clause shall be required within the condominium declaration and all
purchase/sale and lease/rental agreements for the plan of condominium.
Water Services
Regional Water Services staff have reviewed the updated Functional Servicing and
Stormwater Management Report prepared by MTE Consultants dated June 30, 2021
(revised February 5, 2021) and have no further concerns.
Hydrogeology and Source Water Protection
Please note that there are no further concerns regarding the Zoning By-law Amendment
from a Hydrogeology and Source Water Protection perspective. The Region shall
require a Salt Management Plan as part of a complete application for a future Plan of
Condominium Application.
Environmental Planning
Further to comments provided in September 2020, the updated information associated
with the resubmission including "138 Ebydale Drive, Kitchener, Ontario, Scoped
Environmental Impact Study (EIS) Report — Revised" (WSP Canada Inc., February
2021) has been reviewed. Regional staff understand that the limits of the rezoning will
exclude the adjacent Core Environmental Feature and associated buffers and that the
feature and buffer will remain in a Natural Heritage Conservation (NH -C) zoning. As
such, Environmental Planning has no further comment related to the Zoning By-law
Amendment.
The EIS must be implemented as a condition of the future Plan of Condominium
application and/or site plan application(s) to the greatest extent possible.
Document Number: 3639380 Version: 1
Fees
By copy of this letter, the Region of Waterloo acknowledges receipt of the Zoning By-
law Review fee of $1,150.00 and the Scoped Environmental Impact Study Review fee of
$2,300.00.
General Comments and next steps
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.
As indicated above, the Region respectfully requests additions to the Zoning By-
law to incorporate the ASL height.
Further, please accept this letter as our request for a copy of the decision pertaining to
this application. Should you have any questions, please do not hesitate to contact me.
Yours truly,
Melissa Mohr, MCIP, RPP
Principal Planner
C. Reid's Heritage Homes (Owner)
MHBC Planning Inc. C/O Dave Aston (Applicant)
Document Number: 3639380 Version: 1
Grand R-
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Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
PLAN REVIEW REPORT: Craig Dumart
City of Kitchener
DATE: FILE:
May 11, 2021 Zoning — 138 Ebydale Drive
RE: Zoning By-law Amendment ZBA20/011/E/KA
138 Ebydale Drive
Reid's Heritage Homes
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no concerns with the application.
Additional detail is required as part of site plan approval.
BACKGROUND:
1. Resource Issues:
Information currently available at our office indicates that the subject lands contain
wetlands and valley slopes.
2. Legislative/Policy Requirements and Implications:
Following our comments dated August 31, 2020, the applicant has provided the
GRCA with additional supporting studies in support of future applications, upon
request:
• Slope stability assessment (MTE, November 2020);
• Functional servicing and stormwater management report (MTE, revised
February 2021);
• Environmental impact study (WSP, revised February 2021).
We have no concerns with the proposed extent of development for the purposes of
the zoning bylaw amendment. Additional details will be required during detailed
design.
The GRCA requests the following in support of a future site plan application:
• Grading and erosion and sediment control plans;
• Buffer management and landscaping plans;
Page 1 of 2
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
A revision / addendum to the stormwater management report and
environmental impact study to:
o Minimize the risk of erosion and sedimentation;
o Confirm the surface runoff directed toward the adjacent woodland and
wetland complex; and,
o Characterize potential impacts and mitigation to wetlands.
3. Review Fees:
We wish to acknowledge receipt of our Plan Review fee for this application.
Additional fees will be required for the site plan application and any clearance of the
related condominium application. A separate fee will be required for a GRCA permit.
We trust this information is of assistance. If you have any questions or require additional
information, please contact me at 519-621-2763 ext. 2292 or theywood(a-grandriver.ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
* These comments are respectfully submitted as advice and reflect resource concerns within the
scope and mandate of the Grand River Conservation Authority
c.c. Emily Elliot, MHBC
Page 2 of 2
City of Kitchener
COMMENT FORM
Project Address: 138 Ebydale Drive
Application Type: Zoning By-law Amendment ZBA20/011/E/KA
Comments of: Environmental Planning — City of Kitchener
Commenter's Name: Carrie Musselman
Email: carrie.musselman@kitchener.ca
Phone: 519-741-2200 X 7068
Date of Comments: March 18, 2021
1. Plans, Studies and Reports submitted as part of a complete Planning Act Application:
• Concept Plan prepared by MHBC Ltd., dated January 15, 2021.
• 138 Ebydale Drive Scoped Environmental Impact Study (EIS) Report — Revised prepared by WSP
Canada Group Ltd., dated February 2021.
• 138 Ebydale Drive Functional Servicing Report and Preliminary Stormwater Management Report
prepared by MTE dated June 2020 Revised February 5, 2021.
2. Site Specific Comments & Issues:
I have reviewed the studies as noted above, revised in response to staff and agency comments to
support a zoning bylaw amendment at 138 Ebydale Drive, to permit the redevelopment of the site into
36 condominium townhomes in 8 blocks. Based on my review of the supporting studies the Zoning By
Law amendment can be supported, subject to:
1. Figures within the Functional Servicing Report and Preliminary Stormwater Management Report,
Concept Plan and the EIS, show an existing 200mm SWM Outlet within the woodland buffer into the
treed area. The City does not have a record of any stormwater infrastructure in this location. Is this
existing or proposed? If proposed, it will need to be relocated out of the woodland buffer as it does
not appear to be associated with the Rain Garden / Spreader Berm.
2. Continued effort should be made to relocate the rain garden / spreader berm (and associated
grading/construction activities the furthest distance from the dripline of the woodland as possible.
3. Mitigation measures as outlined in the EIS are implemented, to offset development impacts, including
the rain garden / spreader berm (and associated grading/construction activities) where it is located
within the buffer of the woodland.
3. PRELIMINARY Conditions of Approval in Principal (AIP) and/or Full Site Plan Approval:
Conditions of Approval in Principal
1. Building design considerations are incorporated to mitigate impacts to wildlife.
a. Lighting: strategies to minimize light pollution and 'spillage' of light into the natural areas (i.e.,
through use of bird and bat -friendly lighting technologies and minimizing lighting adjacent to
buffers / natural areas
b. Bird friendly building design. Integrate specific building design elements to mitigate the risk
of bird collisions (e.g., window glass type / treatments, visual markers, awnings, internal and
A City for Everyone
Working Together— Growing Thoughtfully — Building Community
external lighting operation). The Fatal Light Awareness Program (FLAP) Canada provides
guidelines for design.
2. Buffer Enhancement Planting Plan (Appendix F, Sheet L-400 of the EIS) is to be included with the
Landscaping Package as part of a complete Site Plan application. A details sheet should be included
outlining timing, planting instructions and/or maintance, fencing, signage, etc.
3. The identified Mitigation Measures including Best Management Practices During Construction as
discussed in Section 5 and Table 2 of the EIS are incorporated (where applicable) with appropriate
wording on construction drawings or plans that will be included as conditions of development
approvals.
4. An approved EIS.
Conditions of Full Site Plan Approval
1. The proposed development is in accordance with the approved EIS.
2. Funds are secured and/or condition(s) included within the site plan development agreement to
ensure:
a. The implementation of the Mitigation Measures such as Buffer Management, Invasive
Species Management, Vegetation Protection Fencing, Erosion and Sediment Control,
Construction Timing, etc. as outlined in Section 5.1.2 of the EIS.
b. Permanent fencing is installed or other suitable barrier (e.g., property delineation markers,
dense or thorny shrub plantings) to minimize human access and disturbance.
c. The installation of 'Sensitive Natural Areas' Signage.
3. The identified Mitigation Measures including Best Management Practices During Construction as
discussed in Section 5 and Table 2 of the EIS are incorporated (where applicable) with appropriate
wording on construction drawings or plans that will be included as conditions of development
approvals.
4. Policies, Standards and Resources:
• 7.C.2.23. Development, redevelopment or site alteration will only be permitted on lands adjacent to
the Natural Heritage Conservation features where an Environmental Impact Study or other
appropriate study has determined to the satisfaction of the City, Region, Grand River Conservation
Authority and/or Province, as appropriate, that approval of the proposed development,
redevelopment or site alteration would not result in adverse environmental impacts on the natural
heritage feature or the ecological functions of the feature.
• 7.C.2.52. Any required Environmental Impact Study will be completed in accordance with the
Environmental Impact Studies Policies in Section 17.E.11.
• As per Section 8.C.2 — Urban Forests of the Official Plan ...
o policy 8.C.2.16., the City requires the preparation and submission of a tree management plan
in accordance with the City's Tree Management Policy (available on the City's Website), as a
condition of a development application.
o policy 8.C.2.6., the City will incorporate existing and/or new trees into the streetscape or road
rights-of-way and encourage new development or redevelopment to incorporate, protect and
conserve existing healthy trees and woodlands in accordance with the Urban Design Policies
in Section 13 (Landscape and Natural Features) of the Urban Design Manual and the
Development Manual
5. Anticipated Fees:
• N/A
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Craig Dumart
From: Christine Goulet
Sent: Tuesday, March 02, 2021 11:10 AM
To: Craig Dumart
Cc: Angela Mick
Subject: FW: 138 Ebydale ZBA Resubmission
Attachments: 138 Ebydale Drive ZBA
Hi Craig,
They did not make any changes to the sanitary flow from the first submission, so I am still in support of the zone change.
(See attached my original comments) KU will comment on the water distribution.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering
519-741-2200 Ext. 7820
From: Craig Dumart <Craig.Dumart@kitchener.ca>
Sent: Tuesday, March 2, 202110:53 AM
To: Christine Goulet <Christine.Goulet@kitchener.ca>; Carrie Musselman <Carrie.Musselman@kitchener.ca>; Lenore
Ross <Lenore.Ross@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; 'Melissa Mohr'
<MMohr@regionofwaterloo.ca>; Tom Ruggle <Tom.Ruggle@kitchener.ca>
Subject: FW: 138 Ebydale ZBA Resubmission
Good morning everyone,
I have taken over this file from Katie Anderl. I met with the consultant last week who has done a resubmission to
address staffs comments. Below is a link to the drop box with revised plans and studies. If everyone could please review
the applicable plans/studies and let me know if your concerns have been addressed by Friday March 191H
https://www.dropbox.com/sh/v5bbnxua78rag6g/AAAHkT19gCbAU7aOKHCCN5QIa?dl=0
Craig Dumart, BES, MCIP, RPP
Planner I Planning Division I City of Kitchener
(519) 741-2200 ext 7073 1 TTY 1-866-969-9994 1 craig.dumart(o)kitchener.ca
C�Z�Z v a ••
From: Emily Elliott <eelliott@mhbcplan.com>
Sent: Wednesday, February 24, 202110:20 AM
To: Craig Dumart <Craig.Duma rt@kitchener.ca>
Subject: [EXTERNAL] 138 Ebydale
Resubmission:
Craig Dumart
From: Christine Goulet
Sent: Friday, July 31, 2020 8:34 AM
To: Katie Anderl
Cc: Angela Mick; 'John Holowackyj (hsjohn@regionofwaterloo.ca)'
Subject: 138 Ebydale Drive ZBA
Hi Katie,
Engineering has reviewed the ZBA circulation and can support the ZBA with a sanitary zoned peak flow of 3.78L/s. The
actual peak flow must not be greater than this. Kitchener Utilities has been circulated and will comment on the water.
The stormwater system will be reviewed at time of site plan.
I have a few comments that will be raised at the site plan stage:
• The stormwater and retention approach will be reviewed at SPA,
• USF of the proposed buildings must be min. 0.6m above seasonally high groundwater,
• Plans will need to be reviewed by the GRCA prior to Engineering approving the plans,
• The FSR mentioned the properties will be merged. If the properties are merged, it is ok to connect into the
private servicing as proposed. If the properties function as one but remain individual properties, easements will
be required over the sanitary and storm servicing and an individual water service will be required to connect to
the municipal main. They will not be able to connect into the stub that was left on the 1000 Lackner approved
servicing plan.
• How will the single detached house be serviced? The FSR did not show servicing to it.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering I City of Kitchener
519-741-2200 Ext. 7820 1 TTY 1-866-969-9994 1 christine.goulet@kitchener.ca
Craig Dumart
from:
Dave Seller
Sent:
Thursday, March 18, 2021 9:46 AM
To:
Craig Dumart
Subject:
RESUBMISSION ZBA COMMENTS: 138 Ebydale Drive
Attachments:
138 Ebydale Dr - resubmission.docx
City of Kitchener
RESUBMISSION ZONING BY-LAW AMENDMENT COMMENTS
Project Address: 138 Ebydale Drive
Application Type: Zoning by-law Amendment
Comments of: Transportation Services
Commenter's Name: Dave Seller
Email: dave.seller@kitchener.ca
Phone: 519-741-2200 ext. 7369
Date of Comments: March 18, 2021
1. Based on the concept plan submitted by MHBC Planning (dated: January 15, 2021), Transportation Services have no
concerns with the parking rate of 1.3 spaces per dwelling unit being proposed for 36 units. Visitor parking should
also be provided at a minimum of 15%.
Dave Seller, C.E.T.
Traffic Planning Analyst I Transportation Services I City of Kitchener
519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller(ftitchener.ca
Craig Dumart
From: Tom Ruggle
Sent: Tuesday, March 23, 2021 12:35 PM
To: Craig Dumart
Cc: Greg Reitzel; Phil Mellor
Subject: RE: 138 Ebydale ZBA Resubmission
Fire Comments
• Addressing must be off of Lackner Place, not Ebydale Drive.
• If they are going to individually address units off of a private street, they may forgo MUI signage.
• If non -conventional addressing, MUI will apply; and concept address plan must be reviewed and approved prior
to implementation.
• If an MUI was used on Lackner Place, it must be modified to include this portion of the development.
• All alternative solutions used in the Lackner Place development and provided as compensation for exceeding
150m on a cul-de-sac, must also be used in this development. Sprinklering & Direct to Fire.
• Emergency access grade plan showing grade of all areas that exceed 8% over 15m or 1:12.5 over 15m.
• Emergency access is to be treated as a roadway for maintenance and snow removal purposes.
• Ensure all townhome driveways are long enough to accommodate the length of a full-size pickup, with no
encroachment into street. Not less than 20 feet, estimate.
• Principal entrance of each unit is
From: Craig Dumart <Craig.Dumart@kitchener.ca>
Sent: March 2, 202110:53 AM
To: Christine Goulet <Christine.Goulet@kitchener.ca>; Carrie Musselman <Carrie.Musselman@kitchener.ca>; Lenore
Ross <Lenore.Ross@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; 'Melissa Mohr'
<MMohr@regionofwaterloo.ca>; Tom Ruggle <Tom.Ruggle@kitchener.ca>
Subject: FW: 138 Ebydale ZBA Resubmission
Good morning everyone,
I have taken over this file from Katie Anderl. I met with the consultant last week who has done a resubmission to
address staffs comments. Below is a link to the drop box with revised plans and studies. If everyone could please review
the applicable plans/studies and let me know if your concerns have been addressed by Friday March 191H
https://www.dropbox.com/sh/y5bbnxua78rag6g/AAAHkT19gCbAU7a0KHCCN5Qla?dl=0
Craig Dumart, BES, MCIP, RPP
Planner I Planning Division I City of Kitchener
(519) 741-2200 ext 7073 1 TTY 1-866-969-9994 1 craig.dumart(d-)kitchener.ca
From: Emily Elliott <eelliott@mhbcplan.com>
Sent: Wednesday, February 24, 202110:20 AM
To: Craig Dumart <Craig.Dumart@kitchener.ca>
Subject: [EXTERNAL] 138 Ebydale
Craig Dumart
From:
Sent: Tuesday, October 06, 2020 10:45 AM
To: Katie Anderl
Subject: [EXTERNAL] 138 Ebydale Dr
Hello, and good morning Katie,
I am a homeowner who lives just down the street from the proposed development at 138 Ebydale Dr.
I am pretty concerned about what this development might mean for the preservation of the forest
area surrounding this development.
I would very much like to be kept informed about any public meetings or decisions made about this
proposed project. Could you please add me to an email list so I can keep up to date on this proposal.
Thanks for your attention,
Sent from my Samsung device
Craig Dumart
From:
Sent: Wednesday, August 19, 2020 1:53 PM
To: Katie Anderl
Subject: [EXTERNAL] Question on Zoning Change to 138 Ebydale Dr
Hi Katie,
I have just read your media release indicating the development proposal for 138 Ebydale Drive. Can you please outline
(paint a boundary) how much vegetation in Natchen Hill and surrounding area will be lost due to the construction of 36
townhouses?
Also, can you please let me know how much vegetation is planned to be lost in this region from today going forward?
I am having a difficult time orienting myself to the site plan attached to the media release.
Craig Dumart
From:
-)m>
Sent:
Thursday, September 10, 2020 10:27 PM
To:
Katie Anderl
Cc:
Subject:
[EXTERNAL] Zoning application for 138 Ebydale Drive
Hi Katie,
Thank you for the opportunity to provide planning input for the re -zoning application for 138 Ebydale Drive. We have
two specific areas of concern (with possible mitigations), and two comments as input to your recommendation. In
addition, we request to be kept informed of next steps and progress on this proposal as updates are available. Thank
you in advance!
Respectfully.
1. Concern: Elevation Change
We are concerned about the elevation plan for the property, and its effect on the water table and neighbouring
trees. In development of the adjoining property ("Lackner Ridge") this developer dug down ground level by 20-
25', up to the edge of the property. We believe this is having an adverse effect on the ability of neighbouring
trees to get sufficient water, and are concerned about the compound effect of ground level being lowered to
match on a second side of neighbouring properties (particularly - e) during the development of
138 Ebydale Drive.
Dig -down of Lackner Ridge included in 'Supporting photos, below.
o Request: a provision requiring a sufficient buffer between the edge of the property and the start of any
significant change to pre-existing ground level
OR
A review by independent hydrogeologist and arborist to ensure any planned excavations are not
expected to negatively affect viability of existing trees.
2. Concern: Biodiversity
The property at 138 has mature examples of many unique and beautiful tree species: e.g. ginkgo, tulip, cherry,
crabapple, mulberry, acacia, and a large number of conifer. Based on the building plan it is expected that nearly
all of these will be destroyed. General trends in builder's and local city projects suggest they will then be
replaced with young trees of a single species, with ensuing loss of tree cover, soil degradation, wildlife support,
and increased risk of "shared fate" disasters (though disease, etc).
Photos of trees on 138 Ebydale Drive included in 'Supporting photos; below.
o Request: include protection of a portion of the pre-existing trees in the build plan - particularly the
cherry trees, ginkgo tree, and mulberry (which are largely along the edges of the property and close to
where the proposed 'single -detached dwelling' would be).
o Request: inclusion of a "community garden" or similar, to replace the lost habitat for bees, birds, and
squirrels.
3. Comment: Deer herds
The property at 138 Ebydale - and our 128 Ebku;�3:2, connected through it - is an annual wintering location for
local deer herds. It is unclear how to save that without prohibiting this development entirely: any significant
development of 1.3F Ebydaie is expected to remove the option of wintering at 138 Ebydale, and safe access for
deer herds to 23 Eht, dale. We consider the reduction of their range an unfortunate loss for the region.
Photo of deer at 138 Ebydale Drive included in 'Supporting photos, below.
4. Comment: 'Luxury' housing
It's worrisome that these plans are to add more luxury (i.e. expensive) housing to this area. What Kitchener
currently needs is more affordable housing, not more luxury housing, yet all development in the area - Lackner,
Fairway, and surrounds - is for additional luxury housing. Housing prices in KW have been skyrocketing in recent
years, pricing out many people who would like to live here, as well as people whose families have lived in the
area for generations. Is this the right type of development to approve?
Supporting photos:
https://Photos.google.com/share/AF1QiPP3eR8glwlJ5NwLYozefa BLCJWAoQ30F0eVkktFmur iOh1K3gkMkxnUv7nlxtD
Q?kev=ViBuU3NHUWNwYWIONGVEaTFJNHcyYWFnT3RDdmpn