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HomeMy WebLinkAboutAdjustment - 2010-06-15 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JUNE 15, 2010 MEMBERS PRESENT: Ms. C. Balcerczyk and Messrs. D. Cybalski and A. Head OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner, Mr. J. Lewis, Traffic Technologist, Ms. S. Curzon, Downtown Service Administrator, Mr. S. Bassanese, Urban Designer, Ms. D. Gilchrist, Secretary-Treasurer and Ms. D. Saunderson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 10:00 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider applications regarding variances to the City of Kitchener Sign By-law. The Committee will not make a decision on these applications but rather will make a recommendation which will be forwarded to the Committee of the Whole and Council for final decision. The Chair explained that the Committee's decisions with respect to sign variances are recommendations to City Council and not a final decision. He advised that the Committee's recommendations will be forwarded to City Council on Monday June 28, 2010 at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS 1. Submission No.: SG 2010-012 Applicant: PRC - Fieldgate Commercial Property Location: 235 Ira Needles Boulevard Leaal Description: Part Lot 38. German Company Tract Appearances: In Support: N. Dart Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect a ground supported sign to have a height of 10.36m (33.98') rather than the permitted 7.5m (24.6') and an area of 31.6 sq. m. (340.15 sq. ft.) rather than the permitted maximum of 20 sq. m. (215.28 sq. ft.). The Committee considered the report of the Development and Technical Services Department, dated June 4, 2010, advising that the subject property is located on the west side of Ira Needles Blvd and north of Highland Rd W. The property is zoned C-6 (Arterial Commercial) with special provisions 484R and 382U and has an Official Plan designation of Arterial Commercial Corridor. The applicant is requesting permission to erect a ground supported sign to have a height of 10.36 metres (33.98 ft) rather than the permitted maximum 7.5 metres (24.6 ft) and an area of 31.6 sq.m. (340.15 sq.ft) rather than the permitted maximum of 20 sq.m. (215.28 sq.ft.) In considering the requested variances to the City of Kitchener Sign By-law (Chapter 680 of the Municipal Code), Planning staff offers the following comments. The intent of the Sign By-law regulations regarding height and area are to ensure that ground supported signs do not visually dominate the streetscape of a property or the surrounding properties. The proposed variances for the sign can be considered appropriate for the size of the plaza complex which has an area of 45,581.49 sq.m. (490,651 sq.ft) and consists of a minimum of eight businesses, including a Sobey's grocery store and a Shopper's Drug Mart. COMMITTEE OF ADJUSTMENT 20 JUNE 15, 2010 Submission No.: SG 2010-012 (Cont'd The variances may be considered minor and appropriate development for the property and surrounding area. The proposed variances to the sign would permit all, or most, of the tenants to have signage abutting the street and is considered suitable in size to accommodate the various tenants of the property. The plaza complex abuts a primary arterial road which attracts a high volume of traffic and having sufficient signage to direct people to the businesses in the property is appropriate. The sign meets all other regulations of the by-law, including being located outside any visibility triangles. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 3, 2010, advising that they have concern with this application. Moved by Ms. C. Balcerczyk Seconded by Mr. A. Head That the application of PRC - Fieldgate Commercial requesting permission to erect a ground supported sign to have a height of 10.36m (33.98') rather than the permitted 7.5m (24.6') and an area of 31.6 sq. m. (340.15 sq. ft.) rather than the permitted maximum of 20 sq. m. (215.28 sq. ft.), on Part Lot 38, German Company Tract, 235 Ira Needles Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall apply for and receive approval of a sign permit from the City of Kitchener prior to erecting the sign. 2. That a maximum of two additional ground supported signs may be permitted on this property provided they meet the required minimum distance separation of 50 metres from another ground supported sign on the same lot. 3. That the municipal address of the property shall be located a minimum of 0.9 metres above grade. It is the opinion of this Committee that: The variance approved in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried Submission No.: SG 2010-013 Applicant: 1244507 Ontario Inc. Property Location: 403-409 Highland Road West Legal Description: Lots 39 & 40, Plan 786, Part Lot 20, German Company Tract, being Parts 1, 3 &4, Reference Plan 58R-1543 Appearances: In Support: P. Wilson Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to alter an existing ground supported sign to include automatic changing copy, which will be located 50m (164.04') from the closest residential zone rather than the required 150m (492.12') and 6m (19.68') from the intersection of Highland Road and Butler Lane rather than the required 23m (74.67'). The Committee considered the report of the Development and Technical Services Department, dated June 4, 2010, advising that the subject property is located at the intersection of Highland COMMITTEE OF ADJUSTMENT 21 JUNE 15, 2010 Submission No.: SG 2010-013 (Cont'd Road West and Butler Lane and is developed with a commercial plaza. The land is designated as a Mixed Use Node in the City's Official Plan and zoned Arterial Commercial Zone (C-6) in By-Law 85-1. The applicant is requesting variances to the Sign By-law to alter an existing ground supported sign to include automatic changing copy sign. The following relief is being sought: 1. The applicant is proposing a 50 metres setback from the closest residential zone, whereas Section 680.3.29 of the Sign Bylaw requires that a sign not be located within 150 metres of the residential zone. 2. The applicant is also requesting that a changing copy sign be permitted to be located within 6 metres of an intersection, whereas Section 680.3.29 of the Sign Bylaw requires a minimum distance of 23 metres from an intersection. In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offers the following comments: In regards to the 150 metre separation distance from a residential zone, it is intended to ensure that the automatic changing copy sign does not negatively affect the streetscape near a residential neighbourhood. The sign is located in the front yard facing away from the closest residential zone which is located adjacent to the rear lot line of the subject property. On the opposite side of Butler Lane there is a residentially zoned apartment building. Because of the layout of the building, windows and balconies of the apartment do not directly face the sign and therefore cannot be easily viewed from the residents of the apartment. With respect to the variance to reduce the setback for an automatic changing copy sign from the nearest intersection, the intent of the regulation is to ensure that drivers using the intersection do not become distracted by the automatic changing copy on a sign which could possibly be confused with traffic lights. As the sign is proposed to be located outside of the 7.5 metre Visibility Triangle coupled with the fact that there are no traffic lights at the street intersection, staff is of the opinion that the proposed sign will not dominate sight-lines at the intersection. As such, staff does not foresee any negative impacts to vehicular or pedestrian traffic. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 3, 2010, advising that they have concern with this application. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of 1244507 Ontario Inc. requesting permission to alter an existing ground supported sign to include automatic changing copy, which will be located 50m (164.04') from the closest residential zone rather than the required 150m (492.12') and 6m (19.68') from the intersection of Highland Road and Butler Lane rather than the required 23m (74.67'), on Lots 39 & 40, Plan 786, Part Lot 20, German Company Tract, being Parts 1, 3 &4, Reference Plan 58R- 1543, 403-409 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener prior to the erecting the sign. It is the opinion of this Committee that: 1. The variance approved in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 22 JUNE 15, 2010 Submission No.: SG 2010-014 Applicant: P.G.L Holdings. Inc Property Location: 334 Manitou Drive Legal Description: Part Lots 3, 5 & 6, Plan 1521 Appearances: In Support: E. Villamere Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to replace an existing billboard structure containing 4 faces with a new billboard structure containing 2 faces, one of which to have automatic changing copy, with the automatic changing copy portion of the billboard to have an area of 21.4 sq. m. (230.35 sq. ft.) rather than the permitted maximum of 20 sq. m. (215.28 sq. ft.), to be located 196m (643') from another billboard sign rather than the required separation of 300m (984.25'). The Committee considered the report of the Development and Technical Services Department, dated June 4, 2010, advising that the subject property is located on the east side of Manitou Drive, between Sasaga Drive and Cayuga Drive. The subject lands are zoned M-4 Heavy Industrial, and are designated as Heavy Industrial in the City's Official Plan. The applicant is requesting relief from the City's Sign By-law to replace an existing legal non-conforming 4-faced billboard sign with a 2-faced billboard sign with one face having an automatic changing copy sign at the proposed location. The applicant is requesting relief from two Sections of the By-law as follows: Section 680.7.4.c of the City of Kitchener Sign By-law states that "Billboard signs shall have a maximum area of 20 square metres (215.28 feet)". The applicant is requesting relief from this section of the By-law to allow the proposed automatic changing copy sign to have an area of 21.4 square metres rather than the required 20 square metres. 2. Section 680.7.7 of the City of Kitchener Sign By-law states that "Billboard signs are prohibited within 300 metres (984 feet) of another billboard sign". The applicant is requesting relief from this section of the By-law to allow a 2-faced billboard sign with a separation distance of approximately 196 metres from another billboard sign, rather than the required 300 metre separation distance. In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offer the following comments. Presently on site there is a 4-faced billboard which is legal non- conforming as it does not meet the 300 metre separation distance requirement from another billboard sign. The applicant is proposing to remove the existing 4-faced billboard sign and replace it with one billboard sign having only 2 faces. The separation distance will not change as the proposed sign is to be erected in the same location as the existing sign. The change from 4 sign faces to 2 signs faces is a significant reduction in sign area and is considered to be more in keeping with the intent of the Sign By-law. The elimination of two billboard sign faces will lessen the impact of the reduced separation distance being requested through this variance application. Regarding the first variance for the reduction in separation distance between signs, the existing billboard sign has existed and has legal non-conforming status, having a separation distance of approximately 196 metres rather than the required 300 metres. This has existed without complaint for many years. Staff is of the opinion that removing the two existing signs and granting permission to erect one new sign having only 2 sign faces is appropriate given the location within a heavy industrial area and is more in keeping with the intent of the bylaw than the status quo. In terms of the second variance, the regulation restricting the area of the sign is to control the size and visual impact of billboard signs on the aesthetics of the streetscape. It is not anticipated that the increased area of the sign, from 20 square meters to 21.4 square metres, will have a negative impact on the streetscape. Planning Staff is of the opinion that the proposed sign is not overwhelmingly massive in size and is in support of the second variance COMMITTEE OF ADJUSTMENT 23 JUNE 15, 2010 The proposed billboard sign will have one static billboard and one automatic changing copy sign. This type of sign is considered appropriate and desirable for the heavy industrial area and is in compliance with all other applicable billboard sign regulations in the City's Sign By-law. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 3, 2010, advising that they have concern with this application. The Committee considered the report of the Grand River Conservation Authority, dated June 7, 2010, advising that they have no objections to the approval of this application. The Chair noted the correspondence from the Grand River Conservation Authority and advised Mr. Villamere that satisfying them will be a condition of approval. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk That the application of P.G.L Holdings Inc. requesting permission to replace an existing billboard structure containing 4 faces with a new billboard structure containing 2 faces, one of which to have automatic changing copy, with the automatic changing copy portion of the billboard to have an area of 21.4 sq. m. (230.35 sq. ft.) rather than the permitted maximum of 20 sq. m. (215.28 sq. ft.), to be located 196m (643') from another billboard sign rather than the required separation of 300m (984.25'), on Part Lots 3, 5 & 6, Plan 1521, 334 Manitou Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall remove the existing billboard sign located at 334 Manitou Drive. 2. That the owner/applicant shall apply for and receive approval of a sign permit from the City of Kitchener prior to erecting the proposed billboard sign. 3. That the owner shall obtain a permit from the Grand River Conservation Authority prior to erecting the proposed billboard sign, if required. It is the opinion of this Committee that: The variance approved in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried Submission No.: SG 2010-015 Applicant: Realax (Market Square) Inc Property Location: 110 King Street East Legal Description: Lot 31, Part Lots 6, 30, 32 & 34, Plan 364, Part of Highway Closed, being Parts 1, 2, 6, 7 & 8, Reference Plan 58R-488 Appearances: In Support: N. Dart F. Gerencser Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to locate 3 fascia signs over architectural features which is not permitted by Section 680.10.15 of the sign by-law. The Committee considered the report of the Development and Technical Services Department, dated June 4, 2010, advising that the subject property is located on the north east corner of the COMMITTEE OF ADJUSTMENT 24 JUNE 15, 2010 intersection of King St E and Frederick St in downtown Kitchener. The property is zoned Retail Core (D-1) and has an Official Plan designation of Retail Core. The applicant is requesting permission to locate 3 fascia signs over architectural features which is not permitted by Section 680.10.15 of the Sign By-law. In considering the requested variances to the City of Kitchener Sign By-law (Chapter 680 of the Municipal Code), Planning staff offers the following comments. The intent of the regulation prohibiting fascia signs from covering architectural features is to ensure that the aesthetics of building fagades (elevations) is not negatively impacted by signage attached to the building. The effect of having the three proposed signs covering the vertical mullions, as well as covering the clock tower which is itself an architectural feature, is not in keeping with the intent of the by-law, nor does staff consider it to be appropriate development for the building. Also noted, if signs permitted for one company in this multi-tenant building, then we would have to permit other tenants signage on the tower, if requested. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 3, 2010, advising that Frederick Street is route for future Rapid Transit project which may require land conveyances and/or easements. This location may be impacted accordingly. However nothing can be predicted precisely at this stage of the future Rapid Transit project. Mr. Gerencser questioned the staff recommendation to refuse this application. Mr. Bassanese advised that the recommended refusal is consistent with the Downtown Fagade Guidelines; as this clock tower is an architectural feature and signs are not permitted to cover architectural features. In this regard he referred to pages 54 and 77 of the guidelines. Mr. Gerencser advised that he had approached heritage staff regarding this proposed signage and they advised that they had no objection to it. He noted that there is other signage in the downtown that covers architectural features. Mr. Bassanese stated that this clock tower is one of the main features in the downtown and it is away-finding tool for many people. Further, it has architectural significance and it will be diminished by the signs. Mr. Gerencser responded that the main architectural features will still be visible. He advised that the tower is a series of sections and they have reduced the size of the proposed sign by 70%. Mr. Gerencser noted that Stantec has a large sign on the inside of the glass in another part of this building and that he could do the same thing. He stated that Trios is a post secondary institution and will hold its opening ceremony this coming Friday. Further, they have taken over a dead mall and brought it back to life. The Committee considered refusing the application but agreed to the request of Mr. Gerencser to defer consideration to its July 20t" meeting to allow the applicant and staff to discuss what would be considered appropriate signage. Submission No.: SG 2010-016 Applicant: The INCC Corp. Property Location: Ira Needles Boulevard Legal Description: Part Lot 39, German Company Tract Appearances: In Support: P. Britton D. Aston Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect 2 ground supported signs that will not contain the municipal address of the property on which they are to be located, contrary to the sign by-law; and, permission for each of the 2 signs to have an area of 31.4 sq. m. (338 sq. ft.) rather than the permitted 20 sq. m. (215.28 sq. ft.). The Committee considered the report of the Development and Technical Services Department, dated June 4, 2010, advising that the subject property is located at on Ira Needles Boulevard COMMITTEE OF ADJUSTMENT 25 JUNE 15, 2010 Submission No.: SG 2010-016 (Cont'd (Regional Road #70) just south of University Avenue (Regional Road #57), and encompasses nearly 400 metres of Glasgow Street. The land is designated Planned Commercial Campus in the City's Official Plan and zoned Commercial Campus Zone (C-8) in By-law 85-1. The applicant is requesting variances to the Sign By-law erect 2 ground supported signs. The following is a summary of the relief being sought: 1. Increase the height of the proposed signs to 9.45 metres, whereas Section 680.11.4 of the By-law permits a maximum of 7.5 metres, 2. Increase the area of the sign to 31.4 square metres, whereas Section 680.11.4 of the By- law permits a maximum area of 20 square metres of the area; and, 4. Permit the sign to be erected without containing the municipal address of the property on which they are to be located, contrary to Section 680.11.15 of the By-law. In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offer the following comments: The intent of the sign height restriction is to ensure that signage does not dominate the streetscape and that it is compatible with the development on the property. The height differential from the permitted 7.5 metres to the requested 9.45 metres is considered to be appropriate for the scale of the plaza which has a total of 1,000,000 square feet of retail space and is located on 18 hectares (Kitchener portion). Furthermore, the proposed increase in height of the signs and sign area is being requested in lieu of the number of signs which could be permitted on the lands, thus fewer but larger signs for the entire site are proposed. The height increase is being requested in order to have consistent signage in the City of Kitchener and the City of Waterloo as this property straddles the municipal boundary. The City of Waterloo By-law allows for a sign height of 10 metres. Therefore, Staff is of the opinion that this request could be supported and will not cause an undesirable streetscape. In terms of the second variance, the regulation restricting the area of the sign is to control the visual impact of signs on the aesthetics of the streetscape. It is not anticipated that the increased area of the signs to 31.4 square metres rather than 20 square metres, will have a negative impact on the streetscape given the scale of the plaza. The 2 signs would have a combined area of 62.8 square metres compared to the total area of 140 square metres that would be permitted if 7 signs with an area of 20 m (which could be permitted on a site of this scale) were constructed. Planning Staff is of the opinion that the proposed signs are not overwhelmingly massive in size and are in support of the second variance to allow the increase in area. Finally, the applicant has requested that the signs be permitted to be erected without the municipal address showing, which is a requirement of the By-law. The applicant has committed to a street addressing approach involving the naming of internal private streets resulting in multiple streets located at this site. The naming of the private road has received approval of Council and our Emergency Response Staff is in support of this approach. The purpose of this request is for simplification purposes; given the size of the plaza and the number of internal streets within the property, there are multiple street addresses for buildings that will be constructed on the site. Staff feels that not displaying the address on the signs does not reduce the abilities of pedestrians and vehicular traffic to locate the property. Therefore, Staff has no objections to this request. The Committee considered the report of the Region of Waterloo Transportation Planner, dated June 3, 2010, advising that all signs must be on private property and not on any easements. In response to the report of the Region of Waterloo, Mr. Britton advised that all signs are to be located on private property and will not be locate on any easements. Mr. Britton advised that the intent is to have 2 pylon signs on the portion of the property located in the City of Kitchener and 2 pylon signs on the portion of the property in the City of Waterloo. He also advised that staff is working on a master signage plan. Moved by Mr. A. Head Seconded by Ms. C. Balcerczyk COMMITTEE OF ADJUSTMENT 26 JUNE 15, 2010 Submission No.: SG 2010-016 (Cont'd) That the application of The INCC Corp. requesting permission to erect 2 ground supported signs that will not contain the municipal address of the property on which they are to be located, contrary to the sign by-law; and, permission for each of the 2 signs to have an area of 31.4 sq. m. (338 sq. ft.) rather than the permitted 20 sq. m. (215.28 sq. ft.), and a height of 9.45m (31') rather then the permitted 7.5m (24.6'), on Part Lot 39, German Company Tract, Ira Needles Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner/applicant shall apply for and receive approval of a sign permit from the City of Kitchener prior to erecting the signs. 2. That there shall be no more then 2 ground supported signs on the portion of this property located within the City of Kitchener. It is the opinion of this Committee that: The variance approved in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:20 a.m. Dated at the City of Kitchener this 15th day of June, 2010. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment