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HomeMy WebLinkAboutAdjustment - 2010-11-23 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD NOVEMBER 23, 2010 MEMBERS PRESENT: Messrs. D. Cybakski, B.McColl and A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer, Ms. M. Burleanu, Administrative Clerk and Ms. D. Saunderson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 10:04 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 December 20, 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 2010-024 Applicant: The Cora Group Inc. Property Location: 296 Frederick Street Legal Description: Part Lot 8. Plan 111 Appearances: In Support: A. Probst Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect a ground supported sign on a lot having a width of 13.76m (45.1') rather than the required width of 15m (49.21'). The Committee considered the report of the Planning Division, dated November 10, 2010, advising that the subject property is located on the north side of Frederick Street between Chestnut Street and Locust Street. The property is zoned Commercial Residential One (CR-1) with Special Regulation 144R and Special Use Regulation 128U in the City's Zoning By-law 85- 1. Special Regulation 144R requires that the maximum building height shall be 12.2 metres and the maximum floor space ratio for all uses shall be 1.33, but in no case shall more than a floor space ratio of 0.33 be devoted to commercial uses. Special Use Regulation 128U prohibits the following uses; Health Clinic, Private Club or Lodge, Funeral Home, Financial Establishment, Medical Laboratories, and Residential Care Facility having more than 8 residents. The property is designated as Low Density Commercial Residential in the Central Frederick Secondary Plan. The existing building is being used for an office. Relief is being sought from Section 680.11.2 of the City's Sign By-law to allow for a ground supported sign on a lot with a width of 13.76 metres whereas 15.0 metres is required. The purpose of requiring a minimum lot width for ground supported signs is to provide for the adequate separation of ground supported signs along a street frontage to limit interference with visibility for drivers entering and exiting the private driveways and parking lots. In this case, the minimum lot width requirement also ensures that the sign is not the dominant feature of the front yard. The ground supported sign lot width regulation of 15.0 metres is consistent with the minimum lot width in the Commercial Residential One Zone (CR-1) for an Office. Ground COMMITTEE OF ADJUSTMENT 44 NOVEMBER 23, 2010 Submission No.: SG 2010-024, cont'd supported signs are prohibited within 50 metres of another ground supported sign on the same property, or within 15.0 metres on an adjacent property. The applicant is proposing to locate the sign 0.4 metres from the front street line and outside of the corner visibility triangle for the private driveways for both 296 and 288 Frederick Street; as such there is no concern for visibility. The ground supported signs located at 288 and 198 Frederick Street have not received a sign permit. As such, the proposed ground supported sign is not located within 15.0 metres of a ground supported sign on an adjacent property. The City's Sign and Occupancy Permit Administrator is following up with the adjacent property owners to legalize their existing ground supported signs. The existing lot width of 13.76 metres is legal non-conforming as the property was subdivided prior to the adoption of the current Zoning By-law 85-1. The By-law allows for permitted uses to be located in the existing structure. An Office is a permitted use in the Commercial Residential One (CR-1) district and is a permitted use at 296 Frederick Street. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 10, 2010, advising that have no concerns with this application. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of The Cora Group Inc. requesting permission to erect a ground supported sign on a lot having a width of 13.76m (45.1') rather than the required width of 15m (49.21'), on Part Lot 8, Plan 111, 296 Frederick Street, 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 Planning Division. 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 Submission No.: SG 2010-025 Applicant: Weber Supply Property Location: 1830 Strasburg Road Legal Description: Part Lot 1, Plan 1382, being Parts 3 & 4, Reference Plan 58R-12683 Appearances: In Support: G. Fitz-Henry Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect 3 fascia signs on the building with each sign to extend 0.5m (1.64') above the wall of the building; whereas the Sign By-law does not allow fascia signs to extend above the wall to which they are attached. COMMITTEE OF ADJUSTMENT 45 NOVEMBER 23, 2010 Submission No.: SG 2010-025. cont'd The Committee considered the report of the Planning Division, dated November 12, 2010, advising that the subject property is located at 1830 Strasburg Road has two zoning categories - Business Park Service Centre Zone (B-3) and Restricted Business Park Zone (B-2). The property is designated as Business Park in the City's Official Plan. Section 680.10.3 of the City of Kitchener Sign By-law states that "no fascia sign shall project above the maximum elevation of the fagade of the building, including any parapet to which the fascia sign is attached". The applicant is requesting relief from Section 680.10.3 to allow three (3) existing signs to project 0.5 metres above the maximum elevations of the building fagade. The intent of Section 680.10.3 is to ensure that the signs will be aesthetically pleasing and will not interfere with the overall appearance of the building fagade. In this case, the applicant is proposing a projection of 0.5 metres above the fagade of the building. Staff is of the opinion that due to the large size of the building, the proposed 0.5 metres projection will assist in making the signs more visible from both Huron Road and Strasburg Road, while maintaining the overall appearance of the building fagade. Therefore, staff has no concerns with the request to allow the projection of the existing fascia signs to be 0.5 metres above the building fagade and roofline. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 10, 2010, advising that have no concerns with this application. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Weber Supply requesting legalization of 3 existing fascia signs on the building with each sign to extend 0.5m (1.64') above the wall of the building; whereas the Sign By-law does not allow fascia signs to extend above the wall to which they are attached, on Part Lot 1, Plan 1382, being Parts 3 & 4, Reference Plan 58R-12683, 1830 Strasburg Road, Kitchener, Ontario, BE APPROVED. 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 Submission No.: SG 2010-026 Applicant: Chip Reit No. 34 Operations Limited Partnership Property Location: 105 King Street / 11 Benton Street Legal Description: Lot 5, Part Lots 4, 6, 7, 8, 9, 11, Plan 364, Part Lot 1. Plan 367 & Part Lot 38. Plan 394 Appearances: In Support: E. Smith Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to have an automatic projected sign with changing copy project on the building wall facing Benton Street, which will advertise uses not located on the property, contrary to the Sign By-law, to be located 5m (16.4') from an intersection rather than the required 23m (75.45') and 140m (459.31') from a residential zone rather than the required 150m (492.12'). COMMITTEE OF ADJUSTMENT 46 NOVEMBER 23, 2010 Submission No.: SG 2010-026. cont'd The Committee considered the report of the Planning Division, dated November 5, 2010, advising that the subject property is located at the intersection of Benton and King Streets in downtown Kitchener. The property is designated Retail Core in the City's Official Plan and zoned Retail Core (D-1) in Zoning By-law 85-1. The applicant is requesting relief from Section 680.3.29 of the Sign By-law to locate an automatic changing copy sign approximately 140 metres from a residential zone and approximately 5 metres from an intersection and traffic signal, whereas the sign by-law requires a distance of 150 metres to a residential zone and 23 metres to an intersection and traffic signal respectively. Further, the applicant is seeking relief from Section 680.3.30 to allow anon- accessory (third-party) sign, whereas the sign by-law prohibits non-accessory (third-party) signs. The City's Planning staff was approached by LuminAD regarding a new video projection advertising media that they are interested in bringing to Kitchener. The video projection sign would essentially function as a billboard as it would contain third party advertising. Presently the City's Sign By-law does not permit non-accessory (third party) signs in Kitchener with the exception of approved billboard sign locations. This sign would essentially function as a billboard. The benefit of the proposed video projection media is that there is no physical sign structure and that the sign would only be visible during evening/night hours. LuminAD undertook a live demonstration for City officials on Monday September 13, 2010 from 8:30 pm until 10:00 pm. The purpose of the demonstration was for staff to visualize the proposed automatic changing copy sign to determine whether this would be a suitable advertising media in the downtown. City officials present were of the opinion that the proposed automatic changing copy sign with non-accessory (third-party) content is appropriate for the proposed location at the Delta Hotel in downtown Kitchener provided that required variances to the City's Sign By-law are obtained. Planning staff are proposing to add a new sign type to the sign by-law to capture this new advertising media. The proposed sign type will be a `Video Projection Billboard'. Staff will be developing an appropriate set of regulations for this new sign type over the next few months. In considering the requested variances to the City of Kitchener Sign By-law, Planning staff offers the following comments. The 150 metre separation distance from a residential zone is intended to ensure that an adequate distance is maintained between an automatic changing copy sign and any residential zone in order to minimize the impact of illumination and distraction of the changing copy on the residential area. In this situation, staff is of the opinion that the 140 metre distance between the sign and the closest residential zone is sufficient because the sign is oriented so that the changing copy is not directly facing nor is it visible from the residential zone. The required 23 metre separation distance from an intersection or traffic signal is to ensure that the automatic changing copy does not interfere with traffic signals or vehicular movements. The proposed location on the Delta Hotel, at the intersection of King and Benton Streets is a relatively low speed intersection. As the actual projected sign image would be visible to drivers from the eastbound leg of the intersection and partially from the southbound leg of the intersection only, staff is of the opinion that it will not interfere with vehicular movements. As well, to ensure that the projected sign image does not interfere with the traffic signal at the intersection, staff will be imposing a condition to ensure that the image is projected at a visual height greater than the height of the traffic signal as seen from eastbound on King Street. The location of the proposed automatic changing copy sign, being directly across the street from Speakers Corner lends itself to supporting a sign with non-accessory (third-party) content. As this is a community space, and a well travelled intersection, the non-accessory (third-party) content is considered appropriate and desirable. Transportation Planning has reviewed this application and notes that the video projection sign is visible from the intersection of King Street/Benton Street/Frederick Street and Transportation Planning feels that a visual display could potentially be a visual distraction for drivers, which could result in traffic operational concerns. COMMITTEE OF ADJUSTMENT 47 NOVEMBER 23, 2010 3. Submission No.: SG 2010-026. cont'd They recognize that video projection has been operating on a trial period and are unaware of any reported traffic concerns/collisions to this point. Transportation can therefore support the variance based primarily on the basis that no issues were identified through the trial period. However, the visual display should continue to be operated in such a manner that it does not interfere with the visibility of the traffic signals, nor with adjacent traffic operations. Additionally, as the equipment to operate the visual display will be located on the municipal right of way, any damages to municipal property due to the location/operation of the equipment should be repaired at the applicant's expense. Furthermore, should traffic operation concerns arise a result of the operation of the video projection, then the permission to continue operation should be revoked immediately. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 15, 2010, advising that the Projection sign on the side of the building located within 5m of a signalized intersection may cause major distractions to motorists, pedestrians and cyclists. This sign may result in an increase to collisions at the intersection as a result of the distraction. Regional staff would like the date of turn-on to monitor collisions, in case the sign is approved by the City of Kitchener. The Chair brought to the attention of Ms. Smith the report of the Region of Waterloo Transportation Planner and questioned the start date for the proposed sign. Ms. Smith responded that they have been projecting this sign since the beginning of October on a trial basis and will continue this trial until the end of December, with Council's approval. She also advised that on September 13t" they conducted a demonstration of the sign and two councillors and staff attended the demonstration. Mr. Lewis advised that through the demonstration they were able to determine that the only true visibility of the sign is from King Street. Staff has been monitoring the situation and there has been no increase in incidents since the trial period started. The chair expressed a concern about increased pedestrian traffic with the opening of the Charles/Benton parking garage and Mr. Lewis advised that pedestrian counts can be done if required. The Chair then noted that staff are in the process of developing appropriate regulations for the Sign By-law for this new type of sign which are anticipated to be completed in a couple of months; using this sign as a test case. He questioned whether it would be more appropriate for the owner to continue this sign on a temporary basis until the regulations are developed and adopted and then deal with the variance application once the regulations are in place. Once the regulations are available, if there are no variances, the application fee would be refunded. Mr. McColl spoke in support of a deferral, advising that he would not support this variance application given the current sign by-law which does not permit billboard/third party signs in the downtown. He stated his concern about traffic and pedestrian safety; noting a study done in Australia that shows that automatic changing copy sings are a distraction and they do cause traffic accidents. He noted also that the proposed sign is much larger in area and height than the billboard regulation allow. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Chip Reit No. 34 Operations Limited Partnership requesting permission to have an automatic projected sign with changing copy project on the building wall facing Benton Street, which will advertise uses not located on the property, contrary to the Sign By-law, to be located 5m (16.4') from an intersection rather than the required 23m (75.45') and 140m (459.31') from a residential zone rather than the required 150m (492.12'), on Lot 5, Part Lots 4, 6, 7, 8, 9, 11, Plan 364, Part Lot 1, Plan 367, Part Lot 38, Plan 394, 105 King Street / 11 Benton Street, Kitchener, Ontario, BE DEFERRED, until the Committee of Adjustment's meeting of March 15, 2011; and further, That the applicant be permitted to continue the trial period for this sign until the end of March or the date on which the new sign regulations come into effect, whichever comes first. Carried COMMITTEE OF ADJUST 4. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: MENT 48 NOVEMBER 23, 2010 SG 2010-027 Gorpam Enterprises Ltd. &Acco Oil Company Ltd. 654 Fairway Road South Part Lots 7 & 18, Plan 988 S. Levant None Written Submissions: None The Committee was advised that the applicant is requesting permission to alter an existing ground supported sign by adding automatic changing copy, to be located 102.16m (325.17') from the closest residential zone rather than the required 150m (492.12'). The Committee considered the report of the Planning Division, dated November 4, 2010, advising that the subject property is located on the north side of Fairway Road South between Manitou Drive and Wilson Avenue. The land is designated as Planned Commercial Campus in the City's Official Plan and zoned C-8, 297R (Commercial Campus Zone) in By-law 85-1. The applicant is requesting permission to alter an existing ground supported sign by adding automatic changing copy, to be located 102.16 m (324.17 ft) from the closest residential zone rather than the required 150 m (492.12 ft). In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offers the following comments. The intent of the 150-metre separation distance from a residential zone for automatic changing copy on a sign is intended to ensure that an adequate distance is maintained between the automatic changing copy and any residential zone in order minimize the impacts of the additional illumination and distraction of the changeable copy. In this situation, staff is of the opinion that the distance between the sign and the closest residential zone is sufficient because the sign fronts onto Fairway Road and is not easily visible to the residents of the apartment buildings which are located behind the commercial buildings along Fairway Road. Staff notes that there is one other existing ground supported sign on the property which is located adjacent to the entrance. This sign has a temporary cardboard poster for CAA attached to the supporting structure is located within the 2.44 metre clearance area that is to be kept free of signage. It is recommended that a condition of variance approval be that the existing sign located adjacent to the driveway entrance be made to comply by having the temporary CAA cardboard sign removed. The proposed sign complies with all other regulations of the sign by- I aw. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 15, 2010, advising that the sign should stay wholly on private property & clear of any easements/utilities. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of Gorpam Enterprises Ltd. & Acco Oil Company Ltd. requesting permission to alter an existing ground supported sign by adding automatic changing copy, to be located 102.16m (325.17') from the closest residential zone rather than the required 150m (492.12'), on Part Lots 7 & 18, Plan 988, 654 Fairway Road South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for and receive approval of a sign permit from the Planning Division for the addition to the sign. 2. That the owner shall remove the temporary CAA sign attached to the supporting structure of the ground supported sign closest to the driveway entrance. COMMITTEE OF ADJUSTMENT 49 NOVEMBER 23, 2010 4. Submission No.: SG 2010-027, cont'd 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 5. Submission No.: Applicant: Property Location: Legal Description: Appearances: In Support: Contra: SG 2010-028 Fieldgate Commercial Ltd 235 Ira Needles Blvd Part Lot 38, German Company Tract None None Written Submissions: None The Committee was advised by the applicant that they have withdrawn this application. ADJOURNMENT On motion, the meeting adjourned at 10:35 a.m. Dated at the City of Kitchener this 23rd day of November, 2010. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment