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HomeMy WebLinkAboutCSD-18-016 - Boulevard Beautification By-law and ProgramREPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: June 18, 2018 SUBMITTED BY: Gloria MacNeil, Director of By-law Enforcement (519-741-2200, ext. 7952) PREPARED BY: Gloria MacNeil, Director of By-law Enforcement (519-741-2200, ext. 7952) Josh Joseph, Supervisor of Neighbourhood Development Office (519-741-2200, ext. 7082) WARD(S) INVOLVED: All DATE OF REPORT: June 4, 2018 REPORT NO.: CSD-18-016 SUBJECT: BOULEVARD BEAUTIFICATION BY-LAW AND PROGRAM ___________________________________________________________________ RECOMMENDATION: That a by-law be enacted to allow residents flexibility in using different materials, ground cover and plantings as an alternative to sod on city boulevards. BACKGROUND: Over the past few years, staff have seen an increased interest from residents who are looking to use alternatives to sod on the city boulevard directly abutting their homes. With the increased restrictions on lawn watering and pesticide bans, residents are looking for low maintenance options, while improving their streetscape.The City does not currently have a process in place to allow residents to alter the City boulevard. Residents initially expressed an interest in beautifying their boulevards during the initial neighbourhood strategy community engagement process. Since then, the Neighbourhood Development Office has created step-by-step guides for several programs centred on the resident-led, city-supported approach to neighbourhood placemaking in an effort to reduce red tape and make it easier for residents to do great things in their neighbourhoods. These resident guides include resident-led traffic calming, community gardens, neighbourhood markets and, placemaking. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6 - 1 By-law Enforcement staff and the Neighbourhood Development Office are now working together to develop a step-by-step guide to help residents understand the recommended approach to planning their project. REPORT: The process of beautifying and greening a boulevard has many positive impacts on our community it can support sustainability, provide low-maintenance alternatives to residents, and bring neighbours together through beautification and placemaking. Through an online EngageKitchener survey, staff engaged with residents to get their input on this idea, and received 38 responses. While we recognize that the number of respondents for this survey was relatively low, the idea of boulevard beautification was also expressed often through the initial neighbourhood strategy community engagement process. In the EngageKitchener survey, residents provided feedback on how likely they would be to install an alternative to sod in a boulevard, the types of materials they would be interested in using and their motives for using an alternative. 63.2% indicated they are very likely to install alternatives to sod and 15.8% indicated they were somewhat likely. Overall, the responses were generally positive, with residents wanting lower maintenance options as well as wanting to promote water conservation and naturalization. There were other suggestions including using the boulevard to grow vegetables and edible plants, which staff are not recommending these areas, as boulevards are exposed to exhaust from vehicles and are high traffic areas for dogs. Staff are recommending other alternatives such as creating a vegetable garden on a front lawn provided sightlines are not impeded, or joining a community garden. Some residents were concerned that allowing other options might result in overgrown boulevards. In addition to this public input, By-law staff has also conducted research into other municipalities with similar programs and engaged other City staff with an interest in boulevard beautification, or who might be required to work within the boulevard areas in the future. The concerns and suggestions raised through those internal consultations, as well as the public feedback received, have been incorporated into the proposed bylaw and step-by-step guide being recommended to City Council for approval. Other municipalities that have by-laws to permit boulevard beautification: Guelph Cambridge Oakville Oshawa Whitby Kelowna, BC 6 - 2 Some of the concerns that were raised by City staff throughout this process were: Concern Expressed Resolution Winter Maintenance Equipment Damage By-law prohibits anything that inhibits or obstructs snow removal operations or is likely to cause damage to snow plows Road Safety Maximum height restrictions have been included in order to ensure visibility in not impeded Preservation of Street Trees Digging, excavating or planting is not permitted within 1 meter of a tree trunk. Residents can place mulch or permeable stone within that 1 meter provided it is placed on the ground surface. Fire Hydrants Safety Within 1.5 meters of a fire hydrant,no plants or other objects can exceed 8 inches (20.3cm) in height Minimum Maintenance Standards Any hard surface within 17.72 inches (45cm) of the sidewalk must remain flush with the sidewalk and not create a trip hazard, only flush hard surfaces or plants and vegetation are allowed in this area Overgrown or Unruly Boulevards A provision has been placed in the by- law requiring the abutting property owner to keep the boulevard area maintained Overall Safety Stones smaller than 2 inches (5cm) are not permitted due to water run off concerns. Stones larger than 4 inches (10cm) are not permitted due to safety concerns for pedestrians and vehicular traffic Urban Forestry Staff are in the process of developing a tree planting and soil management plan for city lands, with the focus being on allowing trees to reach their mature size and to have a long life. Enforcement and Urban Forestry staff have worked together to ensure these two projects are consistent with one another, while finding a balance which will allow residents the flexibility of some alternatives within the boulevard area, while protecting our tree resource. 6 - 3 Proposed By-law: Staff are aware this type of activity is already occurring throughout the city, currently we have no regulations in place to ensure the concerns noted above are addressed. Passing a bylaw will encourage more residents to beautify their boulevard while giving the City regulations it can enforce if necessary. Based on all of the information gathered through our public engagement, staff engagement and research of other similar municipal programs, staff are recommending Council permit residents the flexibility to use alternatives to sod within the boulevard area in front of their home, provided they comply with the following regulations: Herbaceous plants are permitted with a maximum height of (76.2cm) Plantings cannot creep or spread onto the sidewalk or over the curb No trees are permitted to be planted on city property, unless planted by the City or Region Decorative stone is permitted provided it is no smaller than 5.08cm) and no in diameter Any hardscaping oulevard must be permeable and allow passage of water through to the underlying soil Noxious weeds or invasive plants are not permitted Grass and weeds on the boulevard ) Minimum maintenance standards area within (45cm)of the sidewalk must remain flush with the sidewalk and not create a trip hazard Boulevard must be kept clear of any objects or materials that may damage road maintenance equipment Objects that are sharp, protruding, dangerous in any way, or which may injure a person are not permitted Vegetable/herb gardens are not permitted Plants or within 1.5 meters of a fire hydrant Cannot obscure or obstruct access to a post office box, utility box, etc. No digging, excavating or planting is permitted within 1 meter of a tree trunk. Residents can place mulch or permeable stone within that 1 meter provided it is placed on the ground surface. Cannot restrict sightlines of pedestrians, cyclists or drivers of vehicles to intersections, driveways, sidewalks, etc. If the boulevard is located next to on-street parking, the boulevard landscaping must not interfere with the ability of people to open car doors or to exit vehicles All landscaping placed in the boulevard could be removed by the City at any time and without notice, and will not be replaced, except with soil and seed or sod The city is not responsible for damages to boulevard landscaping due to road maintenance activities Cannot place sprinklers or other apparatus within the boulevard 6 - 4 In new subdivisions, the residents are not permitted by the bylaw to make improvements while the boulevards are under maintenance or have not yet been assumed by the City Staff believe these regulations provide a balance between permitting residents the flexibility of using alternative materials along the boulevard, while considering liability and risk to the Corporation and the community. -by-Step Guide to Boulevard Beautification: A Love My Hood step-by-step guide is being created that will provide residents with information related to boulevard beautification, including: Setback and height requirements for materials and plantings Best practices when designing and digging Plant lists that are well-suited for a boulevard, such as salt-tolerant and drought- resistant species Outline how to safely work around street trees Describe how neighbours can work together to access grant funding for a street boulevard beautification project, and who to contact when planning their project. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The review and recommendation of this report supports the principle behind ly strategic priority of helping plan, build and foster safe and thriving neighbourhoods. FINANCIAL IMPLICATIONS:N/A COMMUNITY ENGAGEMENT: INFORM- of the council/committee meeting. CONSULT Staff have consulted with Internal and External working groups and area municipalities by way of survey, public meeting and communication to gain input on improving the boulevard beautification process. An online survey was also conducted through Engage Kitchener which provided residents an opportunity to respond to questions and contribute feedback as to whether they supported the initiative. Through a massive community engagement campaign for the creation of the Love My Hood Neighbourhood Strategy, 5,651 residents provided input in 3,942 hours of conversation. Staff heard from a diversity of residents, including neighbourhood associations, schools, faith communities, cultural clubs, sports teams, youth and groups. Staff engaged residents at parks, pools, splash pads, bus stations, 6 - 5 soccer games, events and shopping centers all across the city. The desire for more neighbourhood events, including street parties, was a top priority for residents. ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services Department 6 - 6