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HomeMy WebLinkAboutPSI Agenda - 2024-05-13Planning & Strategic Initiatives Committee Agenda Monday, May 13, 2024, 7:00 p.m. - 8:00 p.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation kitchener.ca. Please refer to the delegation section on the agenda below for in-person registration and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor P. Singh Vice -Chair: Councillor D. Chapman Pages 1. Commencement 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www.kitchener.ca/conflict to submit your written form. 3. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 3.1 Ontario Clean Water Act - Region of Waterloo's Update to Source 3 Protection Plan, DSD -2024-205 4. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 5:00 p.m. on May 13, 2024, in order to participate electronically. 4.1 None at this time. 5. Discussion Items 5.1 Sign By-law General Amendments, DSD -2024- 20 m 8 116 (Staff will provide a 5 -minute presentation on this matter.) 6. Public Hearing Matters under the Planning Act (advertised) This is a formal public meeting to consider applications under the Planning Act. If a person or public body does not make oral or written submissions to the City of Kitchener before the proposed applications are considered, the person or public body may not be entitled to appeal the decision to the Ontario Land Tribunal and may not be added as a party to a hearing of an appeal before the Ontario Land Tribunal. 6.1 Zoning By-law Amendment Application 20 m 60 ZBA24/006/W/ES, 115-131 Whitney Place, Hilts Auto Inc., DSD -2024-203 7. Information Items 7.1 None. 8. Adjournment Marilyn Mills Committee Coordinator Page 2 of 83 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: May 13, 2024 SUBMITTED BY: Rosa Bustamante, Director, Planning and Housing Policy PREPARED BY: Barbara Steiner, Senior Environmental Planner 519-741-2200 ext. 7293 WARD(S) INVOLVED: ALL WARDS DATE OF REPORT: April 23, 2024 REPORT NO.: DSD -2024-205 SUBJECT: Ontario Clean Water Act: Region of Waterloo's Update to Source Protection Plan RECOMMENDATION: That the proposed technical amendments to the Grand River Source Protection Plan that apply within the City of Kitchener as outlined in staff report DSD -2024-205 be supported. REPORT HIGHLIGHTS: • The purpose of this report is to obtain Kitchener Council support for minor technical amendments to the Grand River Source Protection Plan as required by the Ontario Clean Water Act. • The key finding of this report is: updated modelling of Well Head Protection Areas (WHPAs) resulting from operational changes to three (3) wellfields in/near Kitchener will result in minor expansion (representing +1.5% of Kitchener lands in WHPAs) of the William Street WHPA in north Kitchener. • The financial implications are none. • Community engagement will be undertaken by the Region and GRCA. • This report supports the delivery of core services. BACKGROUND: The Ontario Clean Water Act (2006) received royal assent on October 19, 2006. The purpose of the Act is to protect existing and future sources of drinking water throughout the province. Kitchener is located in the Lake Erie Source Protection Region that includes all lands under the jurisdiction of the Catfish Creek, Grand River, Kettle Creek and Long Point Region Conservation Authorities. The Grand River Conservation Authority (GRCA) is the Source Protection Authority for these areas while, within this larger area, the Regional Municipality of Waterloo (RMOW) maintains and implements the Source Protection Plan (SPP) for Waterloo Region, including Kitchener. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 3 of 83 Kitchener Council was informed about the approach to the original SPP (DTS-07-031) and supported local membership on the GRCA-administered Source Protection Committee for the Lake Erie Source Protection Region (DTS-07-161). Relevant Kitchener staff and management participated in consultation and review of the original SPP (DTS-11-135) in the years leading to its finalization in 2012. Kitchener Council provided its comments to RMOW on the original Draft SPP in staff report CSD -12-109 as part of the required pre - consultation under the Ontario Clean Water Act. The SPP has been implemented in Kitchener since the Province originally approved it as part of the Grand River Source Protection Plan (2015, in effect July 1, 2016). A current update requires resolutions of support from all impacted area municipalities, including Kitchener, before the public consultation period begins. REPORT: The SPP has been updated several times since coming into effect on July 1, 2016. Periodic updates to the Plan to reflect operational changes and updated technical information helps ensure that municipal sources of drinking water continue to be protected. The Clean Water Act requires Council resolutions from area municipalities to support changes to the Plan in advance of broader public consultation. Currently, Regional staff are working on an amendment to the Grand River Source Protection Plan to capture operational changes at four wellfields, three of which are in / near the City of Kitchener. These changes affect protection areas in Cambridge, Kitchener, North Dumfries, and Waterloo (see Attachment A). At this time, it is expected that Regional staff are bringing a report forward to the Region's Planning and Works Committee on May 7th seeking their Council's endorsement. Specific to Kitchener: • New replacement wells at the Greenbrook and Strange Street well fields in Kitchener will result in a slight shift in the protection zone immediately around the new wells. No additional impact to the extent of WHPAs is anticipated as a result of the installation of these replacement wells. WHPAs are the lands surrounding a municipal well that contributes water to the well, and where activities constituting a threat (e.g. road salt) to the drinking water supply has the potential to affect the well. • The installation of one new water supply well and two replacement wells are proposed at the William Street well field in the City of Waterloo just north of Kitchener. The WHPA has expanded to affect 1.5% more land in the City of Kitchener. The change to the WHPA is in a small area of north Kitchener (see Map in Attachment A). There are no policy changes in the SPP proposed as part of the Region's update. The main implication of the mapping changes is anticipated to be where mandatory notices of compliance are required (under Part IV, Section 59 of the Clean WaterAct) as part of any Planning and/or Building (Permit) Code Act application(s). The Notice is a signed declaration that the activities on the property comply with SPP policies. Depending on what activity is proposed and where the property is located in the WHPA, a Landowner may need to negotiate a Risk Management Plan with the Region in order to obtain such a Notice. To facilitate the process for obtaining Notices, the Region developed an online application / tool Page 4 of 83 that is completed by the Landowner / applicant. This tool has been in place since July 1, 2016 and will be updated by the Region to reflect the mapping changes. Since this process is well established, City staff do not anticipate that the mapping changes will impact the timelines for processing Planning Act or Building Permit applications. Activities prescribed in the Clean Water Act (e.g. road salt application) are identified as Threats to the municipal drinking water supply rather than land uses in most instances. However, if some land uses (e.g. snow storage) constitute a Threat (per: the SPP) in the expanded WHPA, zoning may need to be updated as appropriate. STRATEGIC PLAN ALIGNMENT: This report contributes to 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: The City of Kitchener is not the lead organization in this initiative and, as such, no corporate communications have emanated from the City of Kitchener. Rather, the GRCA and Region, as required by provincial legislation, have been and will be informing, engaging and seeking input from the public. The Clean Water Act requires two phases of consultation when a Source Protection Plan is updated: pre -consultation and public consultation. Pre -consultation is directed at municipalities and provincial agencies, not the public, and occurs first. The pre -consultation phase concludes when the Region receives Council resolutions from all impacted area municipalities. The Region is targeting May and June for the pre -consultation phase. Once the pre -consultation phase is complete, the public consultation phase will begin. The Region is targeting July and August, and potentially September for the public consultation phase. As part of the public consultation, the Source Protection Authority (GRCA), in coordination with the Region, will be notifying property owners potentially affected by the Plan amendment. Given the nature of the updates (i.e. technical and operational changes), the focus will be on education and awareness (City of Waterloo report IPPW2024-029). PREVIOUS REPORTS/AUTHORITIES: • DTS-07-031 Implementation of the Clean Water Act 2006 and the Lake Erie Source Protection Committee • DTS-07-161 Selection of Source Protection Committee Representative for Waterloo Region • CSD -11-135 Ontario Clean Water Act: RMOW's Approaches to Policies in the SPP • CSD -12-109 RMOW's Pre -Consultation on Draft Policies for the SPP REVIEWED BY: Natalie Goss, Manager, Policy and Research APPROVED BY: Justin Readman, General Manager, Development Services Page 5 of 83 ATTACHMENTS: Attachment A — Map -SPP Amendment 2024 Page 6 of 83 w ellesley KK � Fb/fiffie7HN15(ki�:r'-lNlfilFfi'hl/�/-fNid%� %�ilf:. William Street '" Source Protection Plan Amendment 2024 1,>�5f/f 55r�f,,��/srrir ✓7�iH Blair Road Legend Proposed Change to Approved 2022 WHPAs - Areas to Add Proposed Change to Approved 2022 WHPAs - Areas to Remove No Change to Approved 2022 WHPAs N 0 2.5 5 10 e��� os Staff Report Development Services Department www.kitchener.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: May 13, 2024 SUBMITTED BY: Rosa Bustamante, Director of Planning & Housing Policy, 519-741-2200 ext. 7319 PREPARED BY: Joanne McCallum, Coordinator of Planning & Zoning Services, 519-741-2200 ext. 7075 WARD(S) INVOLVED: All wards DATE OF REPORT: April 15, 2024 REPORT NO.: DSD -2024-116 SUBJECT: Sign By-law General Amendments RECOMMENDATION: That the proposed by-law attached as Attachment A to report DSD-2024-116,to repeal and replace specific sections of the existing Sign By-law number 2011-099, be adopted; and further, That the updated regulations of the Sign By-law be incorporated into The City of Kitchener Municipal Code. REPORT HIGHLIGHTS: • The purpose of this report is to implement amendments to the Sign By-law to address the Council motion on September 25, 2023, related to excessive boulevard signs, as well as other general amendments to the Sign By-law. • It is Planning staffs recommendation that the proposed Sign By-law amendment be approved as it enhances regulations to address excessive boulevard signage and provides general amendments identified by staff based on sign variances, updates needed to reflect the new Zoning By-law 2019-051, and other minor updates. • There are no financial implications to this report. • Community engagement included a virtual meeting with the Waterloo Region Association of Realtors on January 16, 2024, a presentation to the Kitchener Development Liaison Committee on January 19, 2024, and a virtual community meeting on January 25, 2024. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 8 of 83 BACKGROUND: The Sign By-law regulates and enforces signs throughout the city. The intent of the Sign By- law is to: • authorize the appropriate size, number and location of signs to the type of activity or use to which they pertain; • provide reasonable and appropriate means for the public to locate and identify facilities, businesses and services without difficulty or confusion; • be compatible with their surroundings; • protect and enhance the aesthetic qualities and visual character of the city; • be consistent with planning, urban design and heritage objectives; • not create a distraction or safety hazard for pedestrians or motorists; • minimize adverse impacts on nearby properties; and, • provide businesses adequate and flexible means to identify themselves, while recognizing that the primary function of signage is to identify rather than advertise. Kitchener's Sign By-law was last updated with general amendments in June 2011. On September 25, 2023, staff was directed by Council to address excessive boulevard signage by amending the Sign By-law to require realtors to prominently display either the date or the name of the day of the week of the scheduled open house, and to remove the provision in the Sign By-law that requires a 30 -day sign hold after sign removal. Further amendments to the Sign By-law will address a number of minor changes that have been identified through frequent use of the Sign By-law. These changes are minor and technical, and do not impact the overall intent of the Sign By-law. REPORT: The proposed sign by-law amendment includes a response to council's motion regarding boulevard signs (defined as Special Event Directional signs) and general amendments identified by staff based on sign variances, updates needed to reflect the new Zoning By- law 2019-051, and other minor updates. Staff note that general amendments were scoped to meet the timing for Council's priority to address boulevard signs. Attachment B provides a detailed list of proposed changes to the Sign By-law with an explanation for each change. Planning staff coordinated with staff in by-law enforcement, transportation services, fire, urban design, building and legislated services. Feedback from these divisions and subject matter experts is reflected in the following proposed amendments. Special Event Directional Sign Amendments First, Council's motion relates to signs that fall under the Special Event Directional sign type. Open house signs commonly used by realtors falls under this sign type. Special Event Directional signs are small (maximum height of 0.9 metres and maximum width of 0.65 metres), free-standing signs and are used for directing traffic to the location of a special event. They may be posted between the hours of 9 am to 6 pm on the day of the event. These signs are permitted in the boulevard on City streets between the travelled portion of the road and the sidewalk or property line and are not permitted in the median. The only other sign permitted to be located in the boulevard of City street is a New Home Builder sign, usually an A -frame sign. This is a free-standing sign which provides directions to a new home development constructed by the new home builder at a location other than where the sign is located. They are restricted to noon on Friday and picked up no later than Page 9 of 83 noon on the following Monday. Staff are not proposing changes to the sign by-law regarding New Home Builder signs. To address Council's motion, directing staff to address excessive boulevard signs which cause visual clutter and pose a safety hazard in our community, staff reviewed the regulations of the Sign By-law and are proposing the following changes: 1. Require the prominent display of either the date or the name of the day of the week for Special Event Directional signs to benefit residents and deter misuse, and 2. Remove the provision in the Sign By-law that requires a 30 -day sign hold after a sign has been removed as the 30 -day sign hold has been deemed ineffective in addressing the issue of excessive boulevard signs. Staff met with the Waterloo Region Association of Realtors on January 16, 2024. There were two key areas of comment by the realtors: • clarification on the size of the date/day of the week requirement and • timing of implementation after Council decision to allow time for new signs to be produced. Staff recommended a text height for the date or day of the week to be at least 5 centimetres to ensure this information is legible from a reasonable distance. Additionally, from staffs review of the current regulations for Special Event Directional signs, the current time limits of 9 am to 6 pm do not meet the needs of realtors or other special events and propose excluding the hour restrictions since the required day of the week or date on the sign will provide clarity on whether a sign is legally allowed. Ensuring clear time frames on Special Event Directional signs will provide reasonable and appropriate means for the public to locate and identify events, including real estate open houses, without confusion. Additionally, to allow members of the Waterloo Region Association of Realtors and other special event providers sufficient time to produce new signs that will comply with the proposed regulations, the recommended by-law is proposed to come into effect on July 1, 2024. Staff is of the opinion that the proposed changes to regulations associated with Special Event Directional signs is appropriate and meets the intent of the Sign By-law. General Amendments Since the previous general amendments to the Sign By-law, staff have identified areas of the by-law that would benefit from being updated, improved and/or clarified. Generally, the revisions to the Sign By-law are housekeeping changes to clarify, simplify and address issues identified by the sign industry, the public and staff during the past 12 years. Key amendments include: 1. Update the Sign By-law with zoning references to include Zoning By-law 2019-051, such as a. adding a list of permitted sign types in Mixed Use zones, b. include Employment zones in the list of permitted sign types by zone, c. align visibility triangle measurements for Corner Visibility Triangles and Driveway Visibility Triangle to align with zoning rules. 2. Reduce the distance of signs containing automatic changing copy to residentially zoned lots to be 20 metres when oriented perpendicular to the street line, and 30 metres when not perpendicular to the street line, instead of 100 metres in alignment Page 10 of 83 with several recent variances for schools and community centres that are located in residential neighbourhoods. 3. Reduce the radius for sign variance circulation notices to be 60 metres. The circulation will remain at 120 metres for sign by-law amendments. The current sign variance process has been in effect since 2020. At that time, sign variances were delegated to staff with some exceptions including a staff recommendation of refusal or a community concern that could not be resolved. Based on the variance requests processed, community comments typically come from those in close proximity to the sign. Staff also received community feedback from a notice recipient beyond 60 metres that the notification distance is excessive and wasteful of City resources. Staff recommend a 60 -metre circulation distance for variances to continue to provide notice to properties affected. 4. Remove annual renewal for New Home Development signs, as these sign permits are rarely renewed annually and are an administrative burden for both staff and applicants without clear benefit. Permits for New Home Development signs will remain valid for a period of four years. 5. Allow incidental signs, like directional signs to a drive through, to have a maximum height of 1.2 metres instead of 0.9 metres when located outside of the Driveway Visibility Triangle. Staff recommend the general amendments noted above and further detailed in Attachment B as they update and provide clarification in alignment with the intent of the Sign By-law. Engagement There were three engagement opportunities through this process: a virtual meeting with the Waterloo Region Association of Realtors (WRAR), a virtual community meeting and a discussion at a Kitchener Development Liaison Committee meeting. During a virtual presentation to the WRAR on January 16, 2024, staff introduced and explained proposed changes to the Sign By-law. Feedback related to the proposed changes consisted of overall support for the proposed amendments, and included minor comments and questions, including the timing of the by-law coming into effect. Staff received a request to clarify text height for the date or name of the day of the week for Special Event Direction signs. Staff concluded that including a minimum text height of 5 centimetres would be appropriate to ensure these details are legible to pedestrians and motorists. Following the January 16th meeting, staff received a letter from WRAR requesting the City not dispose of signs belonging to WRAR members. Staff consulted with Enforcement and were informed that, for more substantial signs, by-law enforcement staff attempt to contact the owner of the sign before disposing of the sign. By-law staff are not able to continue holding on to the smaller "H" frame signs as they become a storage and administrative burden. WRAR have also requested that the Laserfiche application used for accessing City by-laws is difficult to use. Staff will work with the Communications team to get the updated Sign By-law in an online format similar to the Zoning By-laws. Staff presented an overview of the proposed changes to the Sign By-law to the Kitchener Development Liaison Committee on January 19, 2024. No concerns were raised during this presentation. Page 11 of 83 On January 25, 2024, staff hosted a virtual community meeting. At this meeting, staff did not receive any concerns with the proposed amendments, however, further discussion on other sign regulations occurred and will be considered in a future Sign By-law update. Attached in Attachment C are the notice of community meeting and notice of public meeting. Attached in Attachment D is the presentation material and a letter from the Waterloo Region Association of Realtors. Conclusion The proposed amendments to the Sign By-law align with the purpose of the Sign By-law through the following: • Responding to the Council motion with proposed Sign By-law changes to address excessive boulevard signage will assist with limiting visual clutter and distractions for pedestrians and motorists. • Ensuring clear time frames on Special Event Directional signs will provide reasonable and appropriate means for the public to locate and identify events, including real estate open houses, without confusion. • Introducing a list of permitted sign types for Mixed Use zones will ensure signs will be compatible with their surroundings. • Further, increasing the height of incidental signs when not located in a driveway visibility triangle, will allow businesses to install taller signs and ensure the incidental message is better identified on a lot, especially during the winter season when snow can accumulate or be plowed to various locations and block these signs. Overall, the proposed amendments ensure signs are appropriate in size, number and location to the type of activity or use to which they pertain. The amendments proposed to the Sign By-law aim to reduce excessive boulevard signage, thereby reducing visual clutter and distractions for pedestrians and motorists. The proposed general amendments are minor and technical. Planning staff are recommending approval of the amendments per Attachment A. 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 — The virtual community meeting information was posted to the City's website and an advertisement was posted in The Record. A Notice of Public Meeting has been posted in The Record to notify the public about these proposed amendments at the Community & Infrastructure Services Committee on May 13, 2024. CONSULT — Community engagement included a virtual meeting with the Waterloo Region Association of Realtors on January 16, 2024, a presentation to the Kitchener Development Liaison Committee on January 19, 2024, and a virtual community meeting on January 25, 2024. Page 12 of 83 PREVIOUS REPORTS/AUTHORITIES: • Municipal Act, 2001 • Official Plan, 2014 • CSD -11-036: Sign By-law Review, Chapter 680 of the Municipal Code REVIEWED BY: Janine Oosterveld, Manager, Customer Experience & Project Management Gloria MacNeil, Director, By-law Enforcement APPROVED BY: Justin Readman, General Manager, DSD ATTACHMENTS: Attachment A — Proposed Sign By-law Amendment Attachment B — Rationale Chart Attachment C — Public Notices Attachment D — Public Consultation Page 13 of 83 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code with respect to Signs). WHEREAS it is deemed expedient to amend Chapter 680 of The City of Kitchener Municipal Code as adopted by By-law 88-100; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Article 2 of Chapter 680 of The City of Kitchener Municipal Code is hereby amended to delete the title "INTERPRETATION" and substitute therefor the title "DEFINITIONS". 2. Section 680.2.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.2 abandoned sign" means a sign or sign structure which may have formerly identified, but no longer correctly identifies, the business, commodity, service or use presently conducted, sold or offered on the lot. A sign shall not be deemed abandoned until thirty after such activity is discontinued." 3. Article 2 of Chapter 680 of The City of Kitchener Municipal Code is hereby amended by adding thereto the following subsection: "680.2.19.1 "Corner lot" means a lot situate at the intersection of, and abutting two streets, or parts of the same street, the adjacent sides of which street or streets (or in the case of a curved corner, the tangents of which) contain an angle of not more than 135 degrees." 4. Section 680.2.20 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.20 Page 14 of 83 2 "corner visibility triangle" means a triangular area formed within a corner lot by the intersecting street lines or the projections thereof and a straight line connecting them 7 metres from their point of intersection." 5. Section 680.2.22 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.22 "driveway visibility triangle" means a triangular area formed within a lot by the intersection of a driveway line and a lot line abutting a street or the projections thereof and a straight line connecting them. The driveway visibility triangle shall be measured from the point of intersection of a street line and the edge of a driveway a distance of 3 metres from the street line and 4.5 metres from the edge of the driveway." 6. Section 680.2.34 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.34 "incidental sign" means a ground supported sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "drive- thru", "private parking", "entrance", "washroom", "loading dock", "staff only", and other similar directives. Incidental signs shall have a maximum height of 1.2 metres and shall be permitted to display the name or logo of a use on the lot." 7. Section 680.2.42 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.42 "Mixed Use Corridor" promotes transit supportive development along select primary streets. See maps as shown on the various maps attached in Schedule 1131." 8. Article 2 of Chapter 680 of The City of Kitchener Municipal Code is hereby amended by adding thereto the following subsection: "680.2.43.1 "Multiple unit identification sign" means a multiple unit identification sign required by City of Kitchener Policy Number 1-1035 — Emergency Service Policy and provide no other commercial content." Page 15 of 83 3 9. Section 680.2.56 of The City of Kitchener Municipal Code is hereby amended to delete the title "Projection Sign - defined" and substitute therefor the title "Projecting Sign - defined". 10. Section 680.2.63 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.63 "sign" means any device, object or thing which directs attention to or which is designed to convey a message and that is placed for the purposes of advertising goods and/or services offered, identifying a business or enterprise or for conveying any other type of message and, without limiting the generality of the foregoing, this definition includes posters and the types of signs specifically defined in this Section." 11. Section 680.2.69 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.69 "special event directional sign" means a free-standing sign which is used solely for the purpose of directing traffic to the location of a special event. Without limiting the generality of the above, this definition shall include signs commonly referred to as real estate 'open house" or "model home" signs. Such signs may include the nature of the event, name of the event holder and the location, arrow pointing to the event and/or time of the event, but shall contain no other commercial or promotional message." 12. Section 680.2.75 of The City of Kitchener Municipal Code is hereby deleted. 13. Section 680.3.9 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.9 "The City may, for public service purposes, erect or use any type of sign permitted by this Chapter in any zone in which such sign type would otherwise be prohibited, subject to the sign being in full compliance with the regulations prescribed for such sign type. With the exception of portable signs, such signs shall require a sign permit but application fees shall be waived" Page 16 of 83 F 14. Section 680.3.16 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.16 Incidental signs having a maximum height of 0.9 metres may be erected or displayed within a corner visibility triangle, driveway visibility triangle or lot line visibility triangle subject to Section 680.3.15." 15. Section 680.3.18 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.18 Obstruction — any fire safety infrastructure Signs shall not be erected or displayed in such a manner as to interfere with the free use of any fire escape, exit or fire department connection." 16. Section 680.3.20 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.20 All signs and sign structures shall comply with the requirements as set out in the Ontario Building Code, Ontario Regulation 332/12, as amended, or any successor thereof." 17. Section 680.3.27 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.27 Signs within 400 metres of, and visible from, Highway #401, the Conestoga Parkway or Highway #8 between the Conestoga Parkway and Highway #401, shall require the approval of the Ministry of Transportation of Ontario." 18. Section 680.3.28 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.28 Signs within 3 metres of an electrical transmission line shall require the approval of Enova Power Corp. and/or the Electrical Safety Authority." 19. Section 680.3.29 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.29 Automatic changing copy on a sign shall not be located within 23 metres of a street intersection or traffic light. Automatic changing copy on a sign shall not be located Page 17 of 83 5 within 20 metres of any residentially zoned lot which is located on the same street as the sign containing the automatic changing copy, provided the sign is oriented perpendicular to the street line, or within 30 metres of any residentially zoned lot which is located on the same street as the sign containing the automatic changing copy, provided the sign orientation is not perpendicular to the street line. The automatic changing copy shall not contain flashing, intermittent or moving lights. The rate of change in the content of the copy shall be static for a minimum of six seconds, except on a video projection sign." 20. Section 680.3.31 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.31 Notwithstanding Section 680.3.29, automatic changing copy shall conform to the following criteria and shall be certified in writing by a Lighting Engineer for the approval of the City Planner or designate after the installation of the sign and before its operational use: (a) the illuminance of any automatic changing copy shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the automatic changing copy off, and again with the automatic changing copy displaying a white image for a full colour capable automatic changing copy, or a solid message for a single -colour automatic changing copy. All measurements shall be taken perpendicular to the face of the automatic changing copy at the distance determined by the total square footage of the automatic changing copy as set for in the accompanying Sign Area Versus Measurement Distance Formula in Section 680.3.31 (d); (b) the difference between the off and solid -message measurements using automatic changing copy measurement criteria noted above shall not exceed 0.3 footcandles; (c) all permitted illuminated automatic changing copy shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements; and (d) the measurement distance is to be calculated with the following formula: Measurement Distance in Metres = sq rt Area of Sign Sq.M. x 100." 21. Section 680.3.32 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.32 Page 18 of 83 Cel Except as otherwise provided in this Chapter, display of the following signs are prohibited in all zones: (a) flashing signs; (b) signs that advertise a business, product, activity or service, which are mounted, placed or displayed on any vehicle situated on any lot, except signs or lettering on vehicles currently in use as a means of transportation; (c) non -accessory signs (third party); (d) pennants, strings of flags or strings of exposed lights with a commercial message; (e) progressive signs and wind driven signs; (f) signs advertising adult sex film theatres, except those signs erected and displayed in compliance with Sections 680.4.3 (b) through 680.4.3 (e) inclusive; (g) abandoned signs." 22. Section 680.3.33 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.33 Except as otherwise provided in this Chapter, the following signs are permitted in all zones in accordance with regulations contained in this Chapter: (a) address signs; (b) election signs; (c) construction information signs; (d) flags of recognized geo-political entities or corporate flags containing only the business name or logo and displayed only on the same lot where the business or use is located; (e) incidental signs; (f) real estate signs; (g) special event directional signs; (h) subdivision signs; Planning Application Notice signs, such as Official Plan Amendment, Zoning By-law Amendment and Committee of Adjustment Notices; and Proposed School Site signs; the type, form, size, content and location of which shall be approved by the City Planner or designate; (i) window signs, provided they are non -flashing and do not block or cover more than 50 percent of the window area the sign is displayed on; Q) poster signs and notices; (k) new home builder signs; (1) new home development signs; (m) telecommunication tower and antenna signs; the form, size, content and location of which shall comply with requirements of the City's Telecommunication Tower and Antenna Protocol; (n) multiple unit identification sign." Page 19 of 83 23. Section 680.4.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.4.2 Commercial zones - downtown zones (other than the retail core) The following signs are permitted in commercial zones and downtown zones other than the retail core: (a) awning signs; (b) banner signs; (c) fascia signs; (d) ground supported signs; (e) portable signs, except in the area defined as Mackenzie King Square in Section 680.2.40; (f) projecting signs; (g) roof signs, except in areas identified as Mixed Use Corridor or defined as Mackenzie King Square in Section 680.2.40; (h) inflatable signs; and (i) video projection signs in the Arterial Commercial Zone (C-6) and the Commercial Campus Zone (C-8) zone only." 24. Section 680.4.3 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.4.3 Employment — Industrial — business park zones The following signs are permitted in employment, industrial and business park zones: (a) awning signs; (b) banner signs; (c) billboard signs; (d) fascia signs; (e) ground supported signs; (f) portable signs; (g) projecting signs; (h) roof signs; (i) inflatable signs; and Q) video projection signs." 25. Article 4 of Chapter 680 of The City of Kitchener Municipal Code is hereby amended by adding two new sections thereto as follows: "680.4.7 Mixed Use Zones The following signs are permitted in mixed use zones: (a) awning signs; (b) banner signs; (c) fascia signs; Page 20 of 83 (d) ground supported signs; (e) portable signs; and (f) projecting signs. 680.4.8 Mixed Use Zones — exceptions Notwithstanding Section 680.4.7, any property developed solely as a residential use shall only permit signs as allowed in Section 680.4.4." 26. Section 680.6.7 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.6.7 Sign clearance — minimum The minimum sign clearance shall be: (a) 0.0 metres when projecting over an area not intended for pedestrian or vehicular traffic; (b) 2.44 metres when projecting over an area intended for pedestrian traffic; (c) 4.3 metres when projecting over an area intended for vehicular traffic." 27. Section 680.6.9 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.6.9 One sign — per business or use A maximum of one banner sign is permitted for any one business or use on a lot at any one time." 28. Section 680.7.5 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.7.5 In locations deemed appropriate by the City Planner or designate, billboard signs shall be landscaped in accordance with a landscape plan approved by the City Planner or designate." 29. Section 680.9.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.9.2 City - public property No election sign of any kind shall be displayed on any City property or other public property." Page 21 of 83 I 30. Section 680.11.6 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.11.6 Notwithstanding Section 680.11.4, the maximum height for a ground supported sign on a property identified as Mixed Use Corridor shall be 2.0 metres." 31. Section 680.11.7 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.11.7 Notwithstanding Section 680.11.4, the maximum sign area for a ground supported sign on a property identified as Mixed Use Corridor shall be 6.0 square metres." 32. Section 680.11.12 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.11.12 On any property identified as Mixed Use Corridor, a maximum of one ground supported sign shall be permitted on any lot less than 50 metres in width and a maximum of two signs shall be permitted on a lot greater than 50 metres in width." 33. Section 680.11.13 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.11.13 Ground supported signs are prohibited within 50 metres of another ground supported sign on the same property or within 15 metres of a ground supported sign on an abutting property;" 34. Section 680.11.15 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.11.15 Ground supported signs located between a front lot line or side lot line abutting a street and the minimum building setback from such lot line, as required in the Zoning By-law, shall contain the civic number and/or full municipal address(es) of Page 22 of 83 10 the property on which the ground supported sign is located and shall comply with the regulations which follow: (a) if located on a corner property, the full municipal address (civic number and street name) is required; (b) the address shall contain text that has a minimum height of 15.0 centimetres; (c) the address shall be located at a minimum of 0.9 metres above grade, or at the top of the sign if the sign is less than 0.9 metres in height; and (d) the address must be clearly visible and shall be located on all faces of the sign that contain copy." 35. Section 680.11.19 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.11.19 Any manual changeable copy or automatic changing copy component of a ground supported sign shall be limited to 50 percent of the sign face." 36. Section 680.12.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.12.2 Inflatable signs shall be erected only in such specific locations as shown on a plan approved for such purposes by the City Planner or designate." 37. Section 680.14.8 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.14.8 Permit — maximum duration Sign permits for new home development signs shall be valid for a period of four years." Page 23 of 83 11 38. Section 680.15.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.15.2 Portable signs shall be erected only in such specific locations as shown on a plan approved for such purposes by the City Planner or designate." 39. Section 680.15.15 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.15.15 Separation distances for portable signs shall be as follows: (a) portable signs are prohibited within 50 metres of another portable sign on the same lot or within 10 metres of a portable sign on an abutting lot; (b) portable signs are prohibited within 15 metres of a ground supported sign on the same lot unless the ground supported sign has a minimum clearance of 2.44 metres." 40. Section 680.15.21 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.15.21 In the event that public work construction creates a road closure or limited access impacting a business, the erection of a portable sign may be permitted at a different location at the discretion of the City's Director, Enforcement, or City Planner or designate at no cost. A portable sign may be erected at a location approved in writing by the City's Director, Enforcement, or City Planner or designate provided any private property owner has granted consent. Signs shall be permitted for a period of time as approved in writing by the City's Director, Enforcement, or City Planner or designate and shall not exceed the duration of the construction work." 41. Section 680.18.5 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.18.5 Ground supported real estate signs shall have a maximum sign height of 2.0 metres and a maximum sign area of 1.0 square metres when located on a lot containing or permitting a single detached dwelling, a semi-detached dwelling, a street townhouse dwelling, with or without additional dwelling unit(s), or a multiple dwelling having up to 6 units." 42. Article 18 of Chapter 680 of The City of Kitchener Municipal Code is hereby amended by adding thereto the following subsection: Page 24 of 83 12 "680.18.11. Notwithstanding Section 680.15.2 portable real estate signs shall be erected in accordance with regulations set out in Article 15 - Portable Sign Regulations." 43. Section 680.20.5 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.20.5 Display time/date details Special event directional signs may only be displayed on the day(s) of the special event, and shall prominently display either the date(s) of the event or the day(s) of the week with text height being at least 5 centimetres." 44. Section 680.21.8 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: The subdivider shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision signs advising that information may not be current and to obtain updated information, inquiries should be made at the City's Development Services Department." 45. Article 22 of The City of Kitchener Municipal Code is hereby deleted. 46. Section 680.24.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: A sign permit shall not be issued where the sign or copy relates to a use which does not have a valid Zoning Occupancy Certificate as required by the City's Zoning By-law." 47. Section 680.24.3 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.24.3 Notwithstanding Section 680.24.1, the following signs shall not require a permit, provided that in all other respects they conform with the provisions of this Chapter: (a) address signs; (b) banners on City property in locations authorized by Council; (c) election signs; Page 25 of 83 13 (d) construction information signs when erected on a property containing a single detached dwelling, a semi-detached dwelling or street townhouse dwelling, with or without additional dwelling unit(s); (e) flags; (f) incidental signs; (g) multiple unit identification, the content and location of which shall be approved by the City's Chief Fire Prevention Officer (h) planning application notice signs; (i) real estate signs; Q) portable signs having a maximum width of 1.0 metre and a maximum height of 1.2 metres , in the retail core and areas designated as Mixed Use Corridor in the City's Official Plan, or if located in accordance with Section 680.15.17 approved by the City during public work construction and portable signs advertising a charitable organization or charitable event; (k) special event directional signs) (1) window signs that do not block or cover more than 50 percent of the window area on which it is placed and that are not accessory to a home business use; (m) posters or notices; (n) projecting signs on City property at locations authorized by Council; (o) signs in or on public transit shelters; (p) signs on bus stop benches; (q) signs on playing field fences and scoreboards at Blockline Sportsfield, Budd Park, Centennial Stadium, Jack Couch Ball Park, Bridgeport Sportsfield, Woodside Park, Meinzinger Park, SW Optimist Sports fields, Fisher Park, Heritage Greens Lawn Bowling Club, Lions Sports fields, Breithaupt Park and Peter Hallman Ball Yard; (r) telecommunication tower and antenna signs." 48. Section 680.24.5 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.24.5 The City may revoke a sign permit at any time if it is determined by the City that: (a) the sign permit has been issued in error by the City of Kitchener; (b) the sign does not conform to this Chapter, the Ontario Building Code, Ontario Regulation 332/12 or any other applicable regulation or legislation; or (c) the sign permit has been issued as a result of false, mistaken, or incorrect, information shown on the sign permit application; (d) if, after six months after its issuance, the construction of the sign has not been seriously commenced, or (e) if the holder requests in writing that it be revoked." 49. Section 680.25.1 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: Page 26 of 83 14 "680.25.1 A person to whom a sign permit is issued shall notify the City prior to installation of any sign to arrange an inspection." 50. Section 680.25.4 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.25.4 An employee of the City reporting to the City Planner or designate, or an officer, may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not this Chapter is being complied with. Entry to any place actually been used as a dwelling unit shall be subject to the requirements of the Municipal Act, 2001." 51. Section 680.26.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.26.2 Written notice shall be provided to all property owners within a) 60 metres for a sign by-law variance, or b) 120 metres for a sign by-law amendment, with the opportunity to comment. Notice of the request shall also be posted on the City's website." 52. Section 680.27.1 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.27.1 The City Planner or designate shall be responsible for the administration of this Chapter and the Director, Enforcement shall be responsible for overseeing the enforcement of this Chapter." 53. Section 680.27.5 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.27.5 Notwithstanding any other provision of this Chapter, any sign that, in the opinion of the City's Director, Enforcement; Director, Transportation Services or the Chief Building Official (or designates) constitutes an unsafe condition or obscures the Page 27 of 83 15 visibility of normal approaching pedestrian or vehicular traffic may be removed or relocated by the City forthwith." 54. Section 680.27.6 of The City of Kitchener Municipal Code is hereby deleted. 55. Section 680.27.7 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.27.7 Sign — removal - disposal Any sign removed in accordance with the provisions of this Article may be disposed of forthwith without notice to the owner of the sign or their agent and the owner shall not be entitled to compensation." 56. Section 680.27.8 of The City of Kitchener Municipal Code is hereby deleted. 57. This By-law comes into effect July 1, 2024. PASSED at the Council Chambers in the City of Kitchener this day of , A.D. 2024. 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O — m U E ° 3 - E 3 _ E ` 3 - E' o o o u° o 12 _ ° a - 3t5 o._ E .o Ef o V o a Y ° m3 - Ea �o E o o 0 o m= o _ _ u _ _ -m 1E o v - 3 u ° _ ° m O Eu 3 3 a3a ff o o o — _ - o t — v£ E o o r v - — ° N N m o o= s % o a o o u - -- o o _ - o v 3 a 3 o _ o a J 72 o o - o° - E° o- — —_ S a o D o s o o - — -�E _ m. o — R E u ouE E - a` vlo — 21 1 M 00 O CD m a) a. } _ _ \/i \\� \\\ \) \\\\\\ \ \\ Z7- \\ \\\\\\\ o In \: \ic \ \^ \ )_ E \ -EE \ {l 43 \\uIT o o \\\ . - f\\- .\\\ [:\ . \\\\\\\\\\\ }\\ \{\ }\\o � _ __ \}2$ Z 3 \ - � _ y o \(\ \ \{ \\\ \\ \\ \\ \\ \\zu \\ \\ o > \\\\\ \\ \\ \\\\ \\\\ \\ \\ :: _ _ ,® - --� t:— _'Ri_� /\ i7, �� ul }§E l (?/ 4 o ttu, 12 u _ __ _ _ %f/ \\ \; \\ \� \\ \\ ) \\ \ \\ \\ \\\ \ \\\ VIRTUAL COMMUNITY MEETING Sign By-law General Amendments *1F . Have Your Voice Heard! Thursday, January 25, 2024 11:00 a.m. -12:00 p.m. To connect to the virtual meeting online, go to: www.zoom.us/join and enter meeting ID# 868 8648 3949 The City of Kitchener is undertaking an update of the Sign By-law to address Council's motion on September 25, 2023 to address issues with signs on City boulevards and medians as well as other minor amendments. The general amendments include such items as: • Requiring special event directional signs in City boulevards (like real estate open house signs) to include either the date of the event or the day of the week of the special event or open house (per Council's motion) • Removing the regulation that requires the City to store signs for 30 days prior to dis- posal (per Council's motion) • Clarifying regulations for incidental signs on a property (like drive through directional signs) and allowing a 1.2m maximum height • Reducing the distance separation for automatic changing copy signs to residential properties to align with approved variances for school and community centre signs • Minor wording updates and other similar corrections Log on to our Virtual Community Meeting to participate in the discussion about the proposed updates to Sign By-law regulations. Joanne McCallum - Coordinator, Planning Ft� r�jrv0sg3 oanne.mccallum kitchener.ce J C� 519.741.2200 x7075 Have Your Voice Heard! Community & Infrastructure Services Committee Date: May 13, 2024 Location: The City of Kitchener is undertaking an update of the Sign By-law to address minor amendments and Council's motion on September 25, 2023 with respect to issues with signs on City boulevards and medians. The general amendments include such items as: • Requiring special event directional signs in City boulevards (like real estate open house signs) to include either the date of the event or the day of the week of the special event or open house (per Council's motion) • Removing the regulation that requires the City to store signs for 30 days prior to dis- posal (per Council's motion) • Clarifying regulations for incidental signs on a property (like drive through directional signs) and allowing a 1.2m maximum height • Reducing the distance separation for automatic changing copy signs to residential properties to align with approved variances for school and community centre signs • Minor wording updates and other similar corrections Joanne McCallum Coordinator, Planning & Zoning Services joanne.mccallum(,kitchener.cfDage 39 of 83 519.741.2200 x7075 w E E t GJ iTe '@ O Y N 3 p 6 m Y 01 a m m o21 0 N c m E N 3 Y M O G N CCL m a o_ c m o c Q c > O m Y � 'V 3 IT m v Y � a m - O0 Y F- ab 3 u � � v v� c c v " t � � tw - - 5 n v u 'O m y N E C `y O m X Q Y N O2 O C O i m T v m ate+ aL+ a -p 7 m ova m o 0 r; o_ v m v m vvs 00 0 0 a� CD c13 , 0- +: L 0 F- 0 O (D m m m � U a Q Ul Q L m s N U t Ul i+ = m 3� y +� o w E E t GJ iTe '@ O Y N 3 p 6 m Y 01 a m m o21 0 N c m E N 3 Y M O G N CCL m a o_ c m o c Q c > O m Y � 'V 3 IT m v Y � a m - O0 Y F- ab 3 u � � v v� c c v " t � � tw - - 5 n v u 'O m y N E C `y O m X Q Y N O2 O C O i m T v m ate+ aL+ a -p 7 m ova m o 0 r; o_ v m v m vvs 00 0 CD a� c13 0- 00 0 N CDN (0 0- O O 4-) W MO L Co ..— O :3 E >- � bn 00 0 cr') CD a� c13 0- !E - m M O L N. 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C: L-: (LJ 0 0 -1-i C: u v bn c: Lo .2 4-j ro C: Q) ro V) cn 4-J c: ro E Q", Q) u COL 0 cn A L- Z3 O aA V - 4-j L -1-j a -j � .E It Ui O Ln LO L Q i� 0� O CD 0 _0 co C: O .— .0 L _w .N N Q Q Lca , ap E O W ca `n a � a� +� v O U cn E �' > Ln w Q O Z3 O aA V aJ � .E O Ui O Ln 0 L Q i 0� O co C: O L bz 0 CU +- � O LU au _ O E w U rvo mi, O U O 4, .QL aJ 2 bz O 4-1 w Q) E O z O S40 ro +-j V c6; 00 U N 0 _ LO LO W CD c13 , 0- 0 N — O O '— V ?) N •= M � F- N V m caUn, ._ U p'N: N bio Ln ai U ai ai c/1 Q V 4-) C6 4-jV) }' 0 • Q E a_, aA p U41 a-' E O U E �-' 4-J C6 O 0O O Q cn U +-j +-j V c6; U N O' _ ai ai ai L- 0 O 00 0 LO W CD c13 , 0— Qj i n 00 0 r - LO W CD c13 0— _ WATERLOO REGION ASSOCIIAT'IIOIH OF R�°w�aAL T'OIlkSc� March 1, 2024 City of Kitchener Community and Infrastructure Services Committee City of Kitchener Planning & Zoning Services RE: Updating Sign By-law - City of Kitchener Dear Committee Members and City Staff, I want to thank City staff for bringing to our attention the proposed changes to the City's Sign By-law related to Special Event Directional Signs (typically Open House type signs). The Waterloo Region Association of REALTORS® (WRAP) represents 2,800 members who sold 4,531 properties in Kitchener last year. WRAP shares Kitchener Council's concerns about excessive boulevard signs, which cause visual clutter and pose safety hazards. REALTORS use Directional Open House signs to facilitate the sale of properties and help direct interested buyers to open houses. However, there are a small number who use these types of signs for their self -promotion, which frustrates everyone, not the least of whom are those REALTORS® who consistently comply with the rules. While REALTOR®'S signs make up some of the signage we all see proliferating across the community, there are other sources, and clearer rules would benefit everyone, and deter abuse. WRAR supports: The motion from Kitchener council to require signs to display either the date(s) or the name of the day(s) of the week for scheduled events such as open houses. Currently, Kitchener's sign by-law allows special event signs to be up only between 9 am and 6 pm on the day of the special event. WRAP supports the proposed amendment to allow special event directional signs to be displayed for the entire day. WRAR recommends: WRAP also supports the proposed amendment to remove the 30 -day holding regulation. However, we recommend that the City not dispose of illegal real estate signs immediately. Rather, we would suggest the City work with WRAP to address those signs that belong to our members. WRAP membership requires that REALTORS® follow all municipal by-laws and regulations, so in this instance, the WRAP would consider an enforcement process that could include incremental administrative monetary penalties. Since we can only apply these sanctions to our members, and some of these signs may be from REALTORS® from other associations, we would recommend the City dispose of those signs. WRAP recommends: Greater coordination between the City of Kitchener and the Region of Waterloo to enforce and communicate their sign by-laws. City residents and users do not always know what is a regional road and what is a municipal road. It would be helpful if the Region empowered municipal by-law officers to enforce and respond to signs illegally placed on roundabouts or along regional roads - that fall within the municipal boundary. WRAP recommends: Clear and precise rules. WRAP is prepared to collaborate with the City to create an easy - to -understand Sigh Bylaw Guide for REALTORS® to communicate better the rules related to signs. The current Sign Bylaw is accessed by a cumbersome Laserfish application, is 73 pages and is difficult to read and navigate online. WRAR is also prepared to coordinate with City staff to enhance the enforcement of any breaches of this by-law, which we believe will lead to greater compliance. Sincerely, t10 011A-0- Christal Moura, President, WATERLOO REGION ASSOCIATION OF REALTORS® Page 59 of 83 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: May 13, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: April 15, 2024 REPORT NO.: DSD -2024-203 SUBJECT: Zoning By-law Amendment Application ZBA24/006/W/ES 115-131 Whitney Place Hilts Auto Inc. RECOMMENDATION: That Zoning By-law Amendment Application ZBA24/006/W/ES (Hilts Auto Inc.) requesting to amend Zoning By-law 85-1, for the purpose of changing the zoning of a portion of the subject property (115-131 Whitney Place) from Existing Use Zone (E-1) to Existing Use Zone (E-1) with Special Use Provision 488U specified and illustrated as the `Subject Area' on Map No. 1, be approved in the form shown in the "Proposed By-law" attached to the Report DSD -2024-203 as Attachment 'Al'; and, That Zoning By-law Amendment Application ZBA24/006/W/ES (Hilts Auto Inc) requesting to amend Zoning By-law 2019-051, for the purpose of changing the zoning of a portion of the subject property (115-131 Whitney Place) from Existing Use Floodplain Zone (EUF-1) to Existing Use Floodplain Zone (EUF-1) with Site Specific Provision 394 specified and illustrated as the `Subject Area' on Map No. 1, be approved in the form shown in the "Proposed By-law" attached to the Report DSD -2024-203 as Attachment `A2'; and further, That the Proposed By-law to amend Zoning By-law 2019-051, as amended, shall have no force and effect against the subject lands until the date that By-law 2024- 064 (Growing Together Secondary Plans, Non-PMTSAs) is in full force and effect. REPORT HIGHLIGHTS: • The purpose of this report is to seek Council's approval of a Zoning By-law Amendment Application to add the use "Automotive Detailing and Repair Operation" to the rear portion of the lands municipally known as 115-131 Whitney Place. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 60 of 83 • There are no financial implications associated with the Zoning By-law amendment application. • Community engagement included notification that was advertised in The Record on April 26, 2024, in accordance with Council Policy MUN-PLA-1170. • This report supports the delivery of core services. BACKGROUND: Hilts Auto Inc has submitted a Zoning By-law Amendment Application to permit the use of "Automotive Detailing and Repair Operation" on the subject lands. The property contains a portion of lands at the rear of the site that is within a floodplain area and is zoned as "existing use". Lands within floodplains are typically zoned "existing use" to recognize the existing uses that have been legally established, but to limit the further development of the land by prohibiting all other uses. However, Council policy MUN-PLA-1170 allows landowners to make a Zoning By-law Amendment Application at no cost, to allow for a change in use. REPORT: The subject lands municipally addressed as 115-131 Whitney Place are located on the south side of Whitney Place between Peter Street and Cedar Street South. The lands back onto Schneider Creek to the South. The surrounding land uses on the South side of Whitney Place are primarily general industrial and commercial in nature. The rear portion of the subject property is located within the floodway of Schneider Creek and is under regulation of the Grand River Conservation Authority (GRCA). The subject lands contain a one -storey building with historical industrial uses, including long term use as the site of Ed Lau Ironworks. The property is split zoned, meaning there are portions of the site with two different zones within the same zoning by-law. The property is also subject to "dual testing", meaning there are currently two zoning by-laws in effect on the lands as a result of the Council approval of Growing Together West (OPA23/016/K/JZ) on March 18, 2024. Until the Official Plan Amendment is adopted by the Region of Waterloo, the lands are subject to both Zoning By-law 85-1 and Zoning By- law 2019-051, with the most stringent regulations being applied. The front portion of the lands are zoned "General Industrial (M-2)" in Zoning By-law 85-1 and "General Industrial Employment (EMP -2)" in Zoning By-law 2019-051. The rear of the site is zoned "Existing Use (E-1)" in Zoning By-law 85-1 and "Existing Use Floodplain (EUF-1) in Zoning By-law 2019-051. The intent of the Existing Use (E-1)/Existing Use Floodplain (EUF-1) Zone is to allow existing uses to legally continue. Properties located within the E-1/EUF-1 zone that are located within the flood plain and are proposing to change to a different use through a zoning by-law amendment should be less sensitive uses or similar to uses that are currently permitted. Planning Analysis The owner is proposing a Zoning By-law Amendment to allow the use "Automotive Detailing and Repair Operation" on the portion of the subject property that is within the floodplain. The proposed additional use is similar in nature to the historical use (light industrial, warehouse) permitted on the subject property. There is no development, expansion or modification being proposed to the existing building or property. The Page 61 of 83 proposed use will not aggravate or pose a new risk associated with flooding to the property, tenants or customers. The proposed use is permitted on the front portion of the subject lands. The proposed use is appropriate for the subject property and are compatible with the surrounding neighbourhood. The Grand River Conservation Authority (GRCA) was directly involved in the review of this application. The GRCA has indicated that they do not object to the proposed use of the existing lands and buildings, as it would not present additional risk of impacting flood flows. Planning staff is of the opinion that the proposed zoning by-law amendment to add a Special Use Provision/Site Specific Provision will benefit the subject property and surrounding community. Allowing the requested use will permit the applicant to utilize the entirety of the building and property for the automotive use desired. Allowing the requested use is appropriate and compatible for the subject lands and surrounding neighbourhood. 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: d) The conservation of features of significant architectural, cultural, historical, archaeological or scientific interest; f) The adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; g) The minimization of waste; h) The orderly development of safe and healthy communities; i) The adequate provision and distribution of educational, health, social, cultural and recreational facilities; j) The adequate provision of a full range of housing, including affordable housing; p) The appropriate location of growth and development; q) The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) The promotion of built form that, (i) Is well-designed, (ii) Encourages a sense of place, and (iii) Provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; These matters of provincial interest are addressed and are implemented through the Provincial Policy Statement, 2020. The City's Official Plan is the most important vehicle for the implementation of the Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to. The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide land use planning policy document, potentially replacing the Provincial Policy Statement and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, with a singular Page 62 of 83 Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this report was prepared. Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.3 of the PPS promotes economic development and competitiveness by providing for a diversified economic base, including maintaining a range of choice of suitable sites for employment uses, and take into account the needs of existing and future businesses. Planning staff is of the opinion that the proposed application will facilitate the continued use of the site as an employment use, and 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. Policy 2.2.5.1(a) states that municipalities will make more efficient use of existing employment areas and vacant and underutilized employment lands and increasing employment densities. Policies 2.2.5.1(b) states that municipalities will ensure the availability of sufficient land, in appropriate locations for a variety of employment to accommodate forecasted employment growth. Planning staff is of the opinion that the application conforms to the Growth Plan. Regional Official Plan The subject lands are designated as `Delineated Built Up Area' in the Regional Official Plan. The Region of Waterloo advises that they do not have concerns with the proposed Zoning By-law Amendment Application. City of Kitchener Official Plan (OP) The City of Kitchener OP provides the long-term land use vision for Kitchener. The vision is further articulated and implemented through the guiding principles, goals, objectives, and policies which are set out in the Plan. The Vision and Goals of the OP strive to build an innovative, vibrant, attractive, safe, complete and healthy community. The subject lands are split designated and are subject to dual testing in regards to Official Plan Designation. The lands are within the Mill Courtland Woodside Park Secondary Plan, and are split designated `General Industrial' and `Open Space'. Page 63 of 83 On March 18, 2024, Council approved the Growing Together land use mapping. The subject lands are proposed to be split designated "General Industrial Employment" and "Natural Heritage Conservation" with the approval of the OPA by the Region of Waterloo. The subject area of amendment is within the "Open Space/Natural Heritage Conservation" designated portion of the property. The intent of the designation is to not only recognize municipal recreation areas but to recognize areas that are subject to GRCA regulation. The subject property and surrounding area are built-up and consist of uses other than outdoor recreation and natural areas. Policy 6.C.2.22 supports the consideration of alternative uses on lands zoned `existing use' through a zoning by-law amendment, provided that the subsequent uses are compatible with the surrounding land use designations, no new dwelling units are created, the use presents less of a risk to life and property in the event of flooding, and approval is received from the Grand River Conservation Authority. Planning Staff are of the opinion that application conforms to the Official Plan. Department and Agency Comments: Circulation of the Zoning By-law Amendment Application was undertaken in March 2024 to all applicable City departments and other review authorities. No major concerns were identified by any commenting City department or agency. Copies of the comments are found in Attachment `C' of this report. Planning Conclusions In considering the foregoing, staff are supportive of the proposed Zoning By-law Amendment to permit the use of "Automotive Detailing and Repair Operation" on the subject lands. Staff is of the opinion that the subject application is consistent with policies of the Provincial Policy Statement, conforms to Growth Plan for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and represents good planning. It is recommended that the application 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 of the Statutory Public Meeting was also posted in The Record on April 26, 2024 (a copy of the Notice may be found in Attachment B). PREVIOUS REPORTS/AUTHORITIES: Planning Act, R.S.O. 1990, c. P.13 Page 64 of 83 • Growth Plan, 2020 • Provincial Policy Statement, 2020 • Region of Waterloo Official Plan • City of Kitchener Official Plan, 1994, 2014 • City of Kitchener Zoning By-law 85-1/2019-051 REVIEWED BY: Malone -Wright, Tina —Manager, Development Approvals, Development and Housing Approvals APPROVED BY: Readman, Justin - General Manager, Development Services ATTACHMENTS: Attachment Al — Proposed Zoning By-law Amendment (85-1) Attachment A2 — Proposed Zoning By-law Amendment (2019-051) Attachment B — Newspaper Notice Attachment C — Department and Agency Comments Page 65 of 83 DSD -2024-203 Attachment "A1" PROPOSED BY — LAW , 2024 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 — Hilts Auto Inc. — 115-131 Whitney Place) 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 Numbers 86 and 119 of Appendix "A" to By-law Number 85-1 are s 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 Existing Use Zone (E-1) to Existing Use Zone (E-1) with Special Use Provision 488U. 2. Appendix `C' of By-law 85-1 is hereby amended by adding Section 488U as follows: "488. Notwithstanding Section 48 of this By-law, the following use shall be permitted: a) Sale, Rental, Service, Storage or Repair of Motor Vehicles, Major Recreational Equipment and Parts and Accessories for Motor Vehicles or Major Recreational Equipment" PASSED at the Council Chambers in the City of Kitchener this day of , 2024. Mayor Clerk Page 66 of 83 U M N 6N.37ng3Hos mll'° 98 37l103H�S rn iiiiiiiiiiiiiii Ln M VIII � r IIII 1 r � ��� IIIIIIIIIIIIIIIIIIIIIIII / M a ►-d d � O � O � z Q Lr) W U)00 W a Q NI W J % LL o N mll'° a N W } Up U) O � z zzzL 2i_ O (V z WC z J LL 0 z N Q - z L10 z ui oN CO Cl) - Z LU WZ0- ~ Q Z z �LU LLJ WWax Z H �� z=QC) W Z LL Lz U)v ONCU/) O Y LU '�+Q W z CO LU Z0 Lc)5w LL T4 T G "U(� U i m 00 rn a) m`Q T O W ~ ~ / co ' > z- . }+ LU d 1 COOO a d V♦O m J WI Q LU > N U W p Ln WIW Z LL xlx O LL N � yly N O M 1� X 1 � mll'° � N o z � 1 O (V 1 Q - pppllll J Cl) luuluuuw W "' w U Q to CD W J W Q I--- ---IV . C 0 1 >u � mll'° r OZ z W O � M Q � J Cl) 5` DSD -2024-203 Attachment "A2" PROPOSED BY — LAW , 2024 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051, as amended, known as the Zoning By-law for the City of Kitchener — Hilts Auto Inc. — 115-131 Whitney Place) WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Zoning Grid Schedule Numbers 86 and 119 of Appendix "A" to By-law Number 2019-051 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Existing Use Floodplain (EUF-1) to Existing Use Floodplain (EUF-1) with Site Specific Provision (394). 2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (394) thereto as follows: "394. Notwithstanding Table 14-1 of this By-law within the lands zoned EUF-1 and shown as affected by this subsection on Zoning Grid Schedule Number 86 of Appendix `A', the following use shall be permitted: a) Automotive Detailing and Repair Operation." 3. This amending By-law shall come into force on the day that By-law 2024-064 (Growing Together Secondary Plans, Non-PMTSAs) as it applies to the subject lands comes into effect. PASSED at the Council Chambers in the City of Kitchener this day of , 2024. Mayor Clerk Page 68 of 83 Z vi w Z O Q x U) W a 7 W LL Z Z O Q O z !1 w[If 2 Q O O LL m NZ� >-zz F F U 0> w x F- O O O Z O 0' Z d Z F (n >> J O O O J Z a Q w J tz O >Q F- cq o-' a a F- J F > Q Q Z C9 (7 U " N Od> W Q z OzQ j W F-Fp�U(� Z C7 Q O p o Q QQ d O - Q d' W Z Z W U p O p W Q W W W W LL O W u) U p Of Q F- F D Q Z p W Q Z Z W W Q Q U) LL U m D W F- Z W w O J Z O O Q d' d' - (n U) wZ Z�w Of w W <9C)fz-DQQ0D02c-w- W (� Q Z H U U) 7 Z I W P m' p of Zof (r p (r Of (r (r x H V w �zw g X H W LOWpz000w�Uw��o�px 00 N W X - X Q W d Q Q W Q_ C7 Z Of O 2 2 LU m X (n Z W W O W Q U Q W Z J J J W N N N V In CO N M W J, J d Li U of of U U U Q Q Q of V Q f/) (.r O >-> Q Q i i 2� U U X x M M W W W 0 0 0 x Z Z O Va LL H> m (Y m W W Z 0 0 Of Of Of m m m H U C) ❑ p � Z UJ T LL= Iv _ G LiJ Z vi Qn= w Z O Q � O N Z Q O U) W a N a Q U LU a DoE N N Q w� CD�� v m LLL Z Z CO W Qn= w Z O Q � O N Z Q O U) W a N a Q U LU a DoE N N Q w� CD�� _ �Ipp m Q U Z Z CO W O O C (D z O O W Q O_ W N " o O JO co- z W O- Q Z Q Q L J o W XN pWOOf ON N Q ^+ a W F ILL O wZ Z w U C) 0-w Z 11--� CD Of W Wdx Q C,QULLL ' NfAOY LLJ Va o Ji C) ❑ p � Z UJ T LL= Iv _ G LiJ > CO) 00 r A Q p W �- �- a w �� Q Q Qn= Z -co, } J a o O CD�� _ �Ipp m V = WI C Q w 1 " cor� WIW Z LL ON LL O o N 0 0 1 N 1 " W U 7 (7 "" - 2 CD Of Q o Ji Iv _ U cn Q 0 NOTICE OF PUBLIC MEETING for a development in your neighbourhood 115 Whitney Place o- ell $ 4 II I., II r I �, µ.. aIlt(J Rq')ar Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: May 13, 2024 Location: Council Chambers, Kitchener City 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: Eric Schneider, Senior Planner eric.schneider@ kitchener.ca 519.741.2200 x7843 The City of Kitchener will consider an application to permit the use of the existing building for "Automotive Detailing and Repair Operation". Page 70 of 83 m 1� nowrw J rr en YW � exu�oemo rw. tll eYrvu( � ,Ybvuy—.. v 6 m,,. J�Nk Y e I pH `h Ij w� 6 a u L �. y o- ell $ 4 II I., II r I �, µ.. aIlt(J Rq')ar Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: May 13, 2024 Location: Council Chambers, Kitchener City 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: Eric Schneider, Senior Planner eric.schneider@ kitchener.ca 519.741.2200 x7843 The City of Kitchener will consider an application to permit the use of the existing building for "Automotive Detailing and Repair Operation". Page 70 of 83 Transportation Services have no concerns with this application. Dave Seller, C.EI Traffic Planning Analyst Transportation Services | City ofKitchener Page 71 of 83 Hi Eric, Engineering has no concerns with the proposed ZBA. Thanks, Christine Goulet, C.E.T. Project Manager I Development Engineering 519-741-2200 Ext. 7820 Page 72 of 83 Hi Eric, Heritage planning staff have no issues or concerns with this application. Kh'i.d Rega.rds, Deeksha Choitdhry, Me., BFS lleiitage Plmmer I Development and flot,tsirig :t.)pi.-ovals Divisiori I City c)f Kitchener 200 Kftig Stenet West, 6-th Floor I P.O. Box j, 118 1 Kitchmer ON N2G 4G'7 519-74.1-2200 ext. 7602 deeksha. choudhi-yCq)�kito.ic.n-e-r-....c-.a Page 73 of 83 City of Kitchener Zone Change / Official Plan Amendment Comment Form Address: 115 —125 Whitney Place Owner: Hilt's Auto Inc Application: Zoning By-law Amendment #ZBA24/006/W/ES Comments Of: Commenter's Name: Email: Phone Date of Comments: Park Planning Lenore Ross Lenore.ross@kitchener.ca 519-741-2200 ext 7427 April 08 2024 Site Specific Comments & Issues: Park Planning has no significant concerns with the proposed Zoning Bylaw amendment and can provide conditional support subject to the comments below. • There is existing sanitary and storm infrastructure on or immediately adjacent these lands and this infrastructure impacts the existing structures located on 125 Whitney Place. Easements do not appear to be place and Development Engineering and Storm and Sanitary Utilities may request an easement as a condition of approval. • Parkland Dedication will be deferred at the Zoning Bylaw Amendment application and assessed at any future required site plan application according to the Planning Act, Parkland Dedication By-law and Parkland Dedication Policies in effect. • There is treed vegetation at the rear of the site and any future development application should include a Tree Protection and Enhancement Plan and Arborist Repot will be required as part of a complete site plan application or building permit application. Policies, Standards and Resources: • Kitchener Official Plan • City of Kitchener Park Dedication Bylaw and Park Dedication Policy • City of Kitchener Development Manual • Cycling and Trails Master Plan (2020) • Chapter 690 of the current Property Maintenance By-law • Places & Spaces: An Open Space Strategy for Kitchener • Multi -Use Pathways & Trails Masterplan • Urban Design Manual A City for Everyone Working Together — Growing Thoughtfully — Building Community Pagegadd 74 of 83 Hi Eric. Currently this property is serviced off a 32mm gas main on Whitney. Any changes to the existing gas service should be requested through David Paetz and/or Michele Kamphuis via our on-line gas application process. Charges may apply, including potentially upsizing the existing gas main. Thanks, Sylvie (she/her) 519-498-9553 Page 75 of 83 Eric Schneider, MCIP, RPP Senior Planner City of Kitchener 200 King Street West, 6th Floor P.O. Box 1118, Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 UY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca ICIISSCI H 77 File: 7 C14/2/1 Ap2400 C1 0 rl 5 ril 4 200' Re: Proposed Zoning By-law Amendment ZBA 24/06 115-125 Whitney Place Dryden, Smith & Head Planning Consultants (C/O Andrew Head) on behalf of Hilts Auto Inc. (C/O Mi Hilts) I CITY OF KITCHEVEV, #ryden, Smith and Head has submitted a Zoning By-law Amendment to recognize an existing use at 115-125 Whitney Place (subject lands) in the City of Kitchener. The applicant is proposing to add a site-specific provision to permit Automotive Detailing and Repair Operation in the Existing Use (E-1/Existing Use Floodplain (EUF-1) Zoned portion of the property. The site contains an existing building historically used for commercial/industrial land uses. The subject lands are located in the Urban Area and designated Built Up Area on Map Rf the Regional Official Plan. The subject lands are designated General Industrial (fro portion) and Open Space in the City of Kitchener Official Plan and Existing Use (E-1) Zone in Zoning By-law 85-1 and is proposed to change to Existing Use Floodplain (EUF-1) in Zoning By-law 2019-051. 1 The Region has had the opportunity to review the proposal and offers the following: Document Number: 4645070 Version: 1 Page 76 of 83 Regional Comments Consistency with Provincial Legislation and Regional Official Plan Conformity The subject lands are designated "Urban Area" and "Delineated Built -Up Area" on Map 2 of the Regional Official Plan (ROP) and is designated General Industrial and Open Space in the City of Kitchener Official Plan. 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 acknowledge that the owner is recognizing the existing industrial building on site. The building and industrial complex are within the Delineated Built Up Area of the Region where the Region's goal is to transform existing neighbourhoods into 15 -minute neighbourhoods with a broad mix of land uses are supported to allow people to meet their daily needs for goods, services, and employment within a 15 -minute trop by walking, cycling and rolling or by direct, frequent and convenient transit. In addition to the above, Regional staff acknowledge that the subject lands are regulated by the Grand River Conservation Authority (GRCA) and the property is within the two -zone floodplain where development may safely occur. In accordance with Section 7.H.8 of the Regional Official Plan, development or site alteration may be permitted in hazardous lands and hazardous sites where development or site alteration is carried out in accordance with floodproofing standards, protection work standards and access standards; vehicles and people have a way of safely entering and existing the area during times of flooding, erosion or other emergencies; new hazards are not created or existing hazards are not aggravated and no adverse environmental impacts will result. Regional staff have no objection to the GRCA's approach to permit the existing building so long as the building is not altered (e.g. demolish and reconstruct or add to the building) and that no new buildings or structures shall be erected or altered within the floodway (in accordance with the two -zone floodplain policies). The Region wishes to advise the applicant of the following technical comments related to the proposal: Part 4 Area of the Clean Water Act The subject lands are located within a Source Protection Area under the 2022 Grand River Source Protection Plan where Risk Management Plan and Prohibition Policies may apply; therefore, a Notice of Source Protection Plan Compliance (Valid Section 59 Notice) is required as part of a complete Zoning Bylaw Application; however please be advised that the Region has not received a Valid Section 59 Notice as part of the application. Under the Grand River Source Protection Plan a Risk Management Plan for salt application may be required for proposed and/or altered surface parking and vehicle driveway areas greater than eight (8) parking spaces or 200 square metres. Design Document Number: 4645070 Version: 1 Page 77 of 83 considerations with respect to salt management that will form the Risk Management Plan include minimizing the transport of meltwater across the parking lots or driveways; directing downspouts away from paved areas; locating snow storage areas on impermeable (i.e. paved) surfaces that drain directly to catch basins. In addition to the above, a Risk Management Plan for storm water management may be required if any engineered and/or enhanced infiltration features are proposed. Please note that this property is within a Chloride Issue Contributing Area, where Region of Waterloo does not support any engineered and/or enhanced infiltration (e.g. ponds, infiltration galleries, permeable pavers, ditches, swales, oil -grit separators, etc.) of runoff originating from paved surfaces. Please visit the Region's TAPS website here: to determine all applicable Source Protection Plan requirements, and contact the Risk Management Official (rmo(a)regionofwaterloo.ca) if required. In addition, the applicant should allow for sufficient time to negotiate the Risk Management Plan, as a Notice will not be issued until a signed Risk Management Plan is complete. Regional Cultural Heritage: The subject lands possess the potential for the recovery of archaeological resources due to the subject lands proximity to hydrology and historic landform, however, as the subject lands have been developed between 1900-1960 and the site has been disturbed, an Archaeological Assessment is not required. The applicant is advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and, reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act. In addition to the above, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Fees By copy of this letter, the Region of Waterloo respectfully requests the Zoning By-law Amendment Review fee of $3,000.00. Follow Up The Region shall require a copy of the Valid Section 59 Notice and the application fee of $3,000.00 prior to a recommendation being made to City of Kitchener Council. Document Number: 4645070 Version: 1 Page 78 of 83 Conclusions: The Region has no objection to the proposal, subject to receipt of a Valid Section 59 Notice and the application review fee of $3,000.00. Please be advised that any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19- 037 or any successor thereof. Further, please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. Hilts Auto Inc. — Mike Hilts (Owner) Dryden, Smith & Head Planning Consultants —Andrew Head (Applicant) Document Number: 4645070 Version: 1 Page 79 of 83 Administration Centre: 400 Clyde Road, RO. Box 729 Carnbridge, ON NI R 5W6 C Phone: 519-621-2761 Toll free: 1 866-900 4722 Fax: 5 19.621 A844 www.grandriver.ca 0 tion WOMMMINJIMI, Eric Schneider Senior Planner City of Kitchener 200 King Street West Kitchener ON N2G 4V6 eric.sch!Le Re: Zoning Bylaw Amendment ZBA24/006/W/ES 115-125 Whitney Place Hilts Auto Dear Mr. Schneider, Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application to permit additional automotive uses on the property. The GRCA does not object to using existing lands and buildings in principle. Additional site-specific restrictions should be considered to balance use of the existing building with GRCA and City flooding hazard policies. Documents Reviewed by Staff Staff have reviewed the site plan (dated February 8, 2024) submitted with this application. Page I of 3 Mc.,mN:1 of Conrad rvai.Ior) Ontario, re presenting Onk:arb's 36 Consorvdtlon A(..ihc)ikies I The Grand -- A Canadiari Herit,qe River Page 80 of 83 GRCA Comments The GRCA has reviewed this application under Ontario Regulation 686/21, acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as well as in accordance with Ontario Regulation 41/24 and GRCA's Board approved policies. Information currently available at our office indicates that the subject lands are adjacent to Schneider Creek and contain its floodplain. The floodplain is designated as a Two - Zone Floodplain Policy Area, which separates the floodplain into the floodway (where deeper and faster flows occur), and the flood fringe (where flows and velocities are less severe). Provincial, GRCA and City floodplain policies significantly restrict development in the former and are more permissible in the latter. Development in the floodway presents a high risk of impacting flood flows, and therefore upstream and downstream properties. "Automotive Repair and Detailing Operation" uses are proposed in the floodway portion of the floodplain, which coincides with the City's Existing Use (E-1) / Existing Use Floodplain (EUF) zoning. The GRCA does not object to this use taking place in the existing building, as this would not present additional risk of impacting flood flows. The GRCA can support a site-specific change that does not allow alteration of the existing building (e.g. reconstruction, additions, etc.). The City's EUF zoning states that "No person shall... erect, alter or use any building or structure for any purpose other than [existing uses]." Site-specific zoning should stipulate that no new buildings or structures shall be erected or altered in the floodway, consistent with Provincial, City and GRCA Two -Zone Floodplain policies. Furthermore, while the GRCA does not object to parking operational vehicles in the floodway, we would be concerned with the risk of outdoor storage (e.g. non -operational vehicles, equipment, scrap, or shipping containers) or site grading occurring on floodway portions of the property. We'd advise the City to consider additional site- specific zoning restrictions to mitigate this risk, and prohibit site alteration and outdoor storage in the floodway. A proposal consistent with GRCA's comments will be considered a minor zoning application. As per GRCA's 2024 approved fee schedule, we will invoice the applicant $465 for our review. Additional fees will be charged if additional risk is presented to the floodway, as this will necessitate further staff time and analysis, and elevate this to a major zoning application ($2,500). Separate fees will apply to any required GRCA permits. Page 2 of 3 Page 81 of 83 We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2761 ext. 2292 or tgyAqo Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority cc: Andrew Head, Dryden Smith and HeaW Page 3 of 3 Page 82 of 83 CD Is 0 �=. Lr5. 0 C,j �Z U- ccS < -Z5 q) 0 CK a to L q)0- M CC — rrm U C m CL q Q9DY cu q) 2 > ti 1, `m 2 E- c6 _0 0 E< co 0 (t fCS C) E , 0 CD 0 a W ui 'CD 'D 0 0) < 3 E — E (D a) ca -- cl cl i7, tjj LAA LU W a) w61 -0 > ID -FC' LO w w 0) a) a) u C 2 6-) o 12 a On co 0 0 LIJ o!z, E E LL "Al as 15 "A rot Nil, MAI rn r