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Report To: Development and Technical Services Committee
Date of Meeting: February 19/07
Submitted By: Rob Browning, General Manager (741-2500)
Prepared By: Brian Page, Supervisor of Site Plan Development (741-2318)
Ward(s) Involved: All
Date of Report: January 19, 2007
Report No.: DTS 07-019
Subject: REVISIONS TO MUNICIPAL CODE, CHAPTER 683
DELEGATION OF AUTHORITY FOR SITE PLAN
RECOMMENDATION:
That the Chapter 683 of the City of Kitchener Municipal Code be amended as follows
1. that either the Supervisor of Site Plan Development or the Manager of Development Review be
appointed as the delegated approval authority for Site Plan Approval pursuant to Section 41 of
the Planning Act, with either the Director of Planning or the Manager of Long Range and Policy
Planning as the alternates, and further;
2. that the term "development" be defined as in Section 41(1) of the Planning Act, and further;
3. that owners of lands that are subject to site plan control must obtain site plan approval prior to
undertaking development on their lands, and further;
4. to create an offence for failure to obtain site plan approval prior to undertaking development on
lands subject to site plan control in the City of Kitchener in accordance with section 67 of the
Planning Act.
BACKGROUND:
The current Site Plan Control Bylaw lists the Supervisor of Site Plan Development and the Director of
Planning or, in either his/her absence, the General Manager of Development and Technical Services as
being the appointed officers of the City to exercise City Council's powers or authority under Section 41
of the Planning Act, to approve plans and drawings, to impose conditions and to require agreements.
The Manager of Development Review and the Manager of Long Range and Policy Planning are two
new positions within the Development and Technical Services Department. It is recommended that
these two positions be added to the officers listed in the Site Plan By-law that will have delegated
authority on behalf of Council with respect to Site Plan Control.
Presently the Site Plan Control By-law does not create any type of offence for those who do not obtain
site plan approval prior to development, nor is there any penalties (as described under the Planning
Act) listed in the Site Plan Control Bylaw for those persons who initiate development without obtaining
Site Plan Approval from the City.
REPORT:
With the re-organization of the Planning Division now in effect, it is appropriate to confirm the
responsibilities for site plan review and approval responsibilities with changes to the by-law which
delegates such approvals from City Council to certain members of the Planning Division staff. In this
respect, the attached proposed By-law will amend By-law 2004-12 to appoint the Supervisor of Site
Plan Development or Manager of Development Review or, in their absence, either of the City's Director of
Planning or the Manager of Long Range and Policy Planning as the alternates.
Presently there are no provisions contained within the Site Plan Control By-law that creates any type of
offence for failure to obtain site plan approval prior to development. This situation came to light earlier
this year when the Enforcement Division was requested to look into a property that had never obtained
site plan approval for the development of a commercial parking lot. The other purposes of the
amendment are to:
1. clearly provide that owners of lands that are subject to site plan control in the City of Kitchener
must obtain site plan approval before development is undertaken;
2. to define the term "development" as in Section 41(1) of the Planning Act;
3. create an offence for the failure to obtain site plan approval prior to undertaking any
development on lands subject to site plan control in the City of Kitchener in accordance with
section 67 of the Planning Act..
The Planning Division will continue to monitor and implement customer service improvements to the
development review and approvals process.
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
None.
Brian Page, CET, GALA, CSLA Jeff Willmer, MCIP, RPP
Manager of Design and Development Director of Planning
Shayne Turner Rob Browning
Director of Enforcement General Manager,
Development and Technical Services
Attachment: Proposed By-law
PROPOSED BY-LAW
(January 17, 2006)
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 683 of the City of Kitchener
Municipal Code regarding Site Plan Control)
WHEREAS it is deemed expedient to amend Chapter 683 of the City of Kitchener
Municipal Code adopted by By-law 88-100, hereinafter called the "Code";
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Sections 683.1.1, 683.2.1 and 683.2.2 of the Code are hereby deleted and the following is
substituted therefore:
"683.1.1 All of the lands encompassed within the boundaries of the Corporation of the City of
Kitchener are hereby designated as Site Plan Control Area for all development
excluding:
(a) farm operations, farm buildings and the residence of the farm operator on
agriculturally zoned lands: and
(b) single detached dwellings, semi-detached dwellings and duplexes except those
permitted within or contiguous to Major Open Space Areas, Environmentally
Sensitive Policy Areas, Ecologically Significant Areas, and those single
detached dwellings, semi-detached dwellings and duplexes forming part of a
vacant land condominium. zero lot line, linked housing, or similar innovation in
house grouping developments as provided for in Part 4 Section 1.6 of the City's
Municipal Plan. By-law 86-137, 14 July, 1986; By-law 2001-224, 26
November,2001
"683.2.1 Save for those cases in which school board properties are proposed for
development for non-educational purposes, the Supervisor of Site Plan
Development or Manager of Development Review or, in their absence, the City's
Director of Planning or Manager of Long Range and Policy Planning, Development
and Technical Services Department are hereby delegated as being the appointed
officers of the City to exercise City Council's powers or authority under section 41 of
the Planning Act, to approve plans and drawings, to impose conditions and to
require agreements.
683.2.2 The Mayor and Clerk are authorized to execute all agreements required as a result
of the exercise of authority delegated to the appointed officers, with respect to Site
Plan Control."
2. Chapter 683 of The City of Kitchener Municipal Code is hereby amended by adding the
following section thereto:
"683.1.2 "In this Chapter "development" means the construction, erection or placing of one
or more buildings or structures on land or the making of an addition or alteration
to a building or structure that has the effect of substantially increasing the size or
usability thereof, or the laying out and establishment of a commercial parking lot
or of sites for the location of three or more trailers as defined in subsection
168(5) of the Municipal Act, 2007 or of sites for the location of three or more
mobile homes as defined in subsection 46(1) of the Planning Act or of sites for
the construction, erection or location of three or more land lease community
homes as defined in subsection 46(1) of the Planning Act. but does not include
the placement of a portable classroom on a school site of a district school board
if the school site was in existence on January 1, 2007, as defined in subsection
41(1) of the Planning Act.
683.1.3 Any person owning land within the boundaries of the Corporation of the City of
Kitchener, except for those lands or land use designations as described in
sections 683.1.1 (a) and 683.1.1 (b) of this Chapter, shall apply for and obtain Site
Plan approval prior to the development of such land.
3. Chapter 683 of The City of Kitchener Municipal Code is further amended by adding the
following article and sections thereto:
"Article 3
OFFENCE -PENALTY
683.3.1 Every person who contravenes Section 41 of the Planning Act and any provision
of this by-law, and, if the person is a corporation, every director or officer of the
corporation who knowingly concurs in the contravention, is guilty of an offence and on
conviction is liable, is guilty of an offence and is liable,
(a) on a first conviction to a fine of not more than $25,000.00; and
(b) on a subsequent conviction to a fine of not more than $10,000.00 for each day or
part thereof upon which the contravention has continued after the day on which
the person was first convicted,
in accordance with subsection 67(1) of the Planning Act.
683.3.2 Where a corporation is convicted under 683.3.1 and/or subsection 67(1) of the
Planning Act, the maximum penalty that may be imposed is,
(a) On a first conviction a fine of not more than $50,000; and
(b) On a subsequent conviction a fine of not more than $25,000.00 for each day or part
thereof upon which the contravention has continued after the day on which the
corporation was first convicted, and not as provided in 683.3.1, as provided in
subsection 67(2) of the Planning Act..
683.3.3 Where a conviction is entered under 683.3.1 and/or subsection 67(1) of the
Planning Act, in addition to any other remedy or any penalty provided by law, the court
in which the conviction has been entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the offence by
the person convicted, in accordance with subsection 67(3) of the Planning Act. "
PASSED at the Council Chambers in the City of Kitchener this day
2007.
Mayor
Clerk