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HomeMy WebLinkAboutAdjustment - 2011-07-19 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JULY 19, 2011 MEMBERS PRESENT: Ms. J. Meader and Messrs. D. Cybalski, and B. McColl OFFICIALS PRESENT: Mr. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Ms. C. Hunt, Occupancy & Sign Permit Administrator, Ms. S. Santos, Occupancy & Sign Permit Administrator, Ms. L. Dubicki, Planning Student, 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 August 29, 2011 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 2011-009 Applicant: Kingsbury Hospitality Group (Comfort Inn) Property Location: 2899 King Street East Legal Description: Lot 25, Part Lot 26, Plan 958 Appearances: In Support: M. Copal Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to replace the 2 current ground support signs with new ground supported signs having heights of 8.12m (26.64`) and 8.28m (27.17`) rather than the permitted 7.5 m (24.6'). The Committee considered the report of the Planning Division, dated July 6, 2011, advising that the subject property is located at 2889 King Street East and is designated in the City's Official Plan as Primary Node and zoned as Arterial Commercial Zone (C-6). The applicant is requesting relief from Section 680.11.4 of the Sign By-law to replace the 2 current ground support signs with new ground supported signs having heights of 8.12m (26.64`) and 8.28m (27.17`) rather than the permitted 7.5 m (24.6'). In considering the requested variances to the 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 applicant has requested relief to allow sign heights which are 0.62 and 0.78 metres above the permitted 7.5 metre height limit in order to erect the proposed signs on existing poles. Given the scale of the property, this request is considered minor in nature. The signs match the character of the surrounding area and will not dominate or adversely affect the streetscape. COMMITTEE OF ADJUSTMENT 17 JULY 19, 2011 Submission No.: SG 2011-009 (Cont'd The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 11, 2011, advising that the applicant needs to provide ground elevation & elevation at the top of the proposed sign. This information is required for review by the Region of Waterloo Airport authorities. The Committee considered the report of the Ministry of Transportation Corridor Management Planner, dated July 11, 2012 advising that the applicant has obtained sign permit SG-2011-31 L- 41 and has no concerns with this application. The Chair noted conditions in the staff report. Mr. Copal advised that he was in agreement with staffs recommendation and has already received a permit from the Ministry of Transportation for the proposed signs. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Kingsburg Hospitality Group (Comfort Inn) requesting permission to replace the 2 current ground support signs with new ground supported signs having heights of 8.12m (26.64`) and 8.28m (27.17`) rather than the permitted 7.5 m (24.6'), on Lot 25, Part Lot 26, Plan 958, 2899 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a sign permit from the City's Planning Division. 2. That the owner shall obtain a sign permit from the Ministry of Transportation. 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 2011-010 Applicant: City of Kitchener Property Location: King Street Right-of-Way (From Francis St to Frederick St) Legal Description: Parts of King Street Right-of-way Appearances: In Support: C. Bluhm Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to locate 4 ground supported digital kiosks having a height of 1.97m (6.46`) within the City rights-of-way in a D-1 (Retail Core) zone whereas the Sign By-law does not permit ground supported signs in a D-1 (Retail Core) zone; to have an automatic changing copy component of 50% rather than the permitted 30%; to have no address on the signs, whereas the Sign By-law requires the address to be on these signs; and, to permit non-accessory (third-party) copy on the sign, whereas the Sign By-law does not permit non-accessory signs. The Committee considered the report of the Planning Division, dated July 6, 2011, advising that the property is located along the King Street Right-of-Way from Francis Street South to Frederick Street and is designated in the City's Official Plan as Retail Core and zoned in the City of Kitchener Zoning By-law 85-1 as Retail Core (D-1 ). COMMITTEE OF ADJUSTMENT 18 JULY 19, 2011 Submission No.: SG 2011-010 (Cont'd The applicant is requesting permission to locate 4 ground supported signs (digital kiosks) having a height of 1.97m (6.46`) within the City right-of-ways in a D-1 (Retail Core) zone whereas the Sign By-law does not permit ground supported signs in a D-1 (Retail Core) zone; to have an automatic changing copy component of 50% rather than the permitted 30%; to have no address on the signs, whereas the Sign By-law requires the address to be on these signs; and, to permit non-accessory (third-party) copy on the sign, whereas the Sign By-law does not permit non-accessory signs. In considering the requested variances to the Sign By-law, Planning staff offer the following comments. Ground supported signs are not permitted in Retail Core areas. However, the variance is appropriate for the development and use of the land as the proposed signs are located in areas of high pedestrian traffic and will provide greater accessibility. The kiosk screens will not be visible by oncoming traffic, and as such they should not create a safety hazard. Furthermore, the kiosks are City owned and can be removed should the issue of safety arise. The City of Kitchener Sign By-law permits signs to have an automatic changing copy component up to a maximum of 30%. In this case, the changing copy component (video screen) acts as the main form of advertising. In this case, the variance to permit a 50% changing copy component is appropriate as the screens are small in nature and are intended for pedestrian use and interaction only. The regulation requiring the address on the sign is to ensure that in an emergency situation emergency workers would be able to easily identify the site by using the address located on any ground supported sign. The proposed signs are located directly beside marked intersections and are not intended to be used as identifiers for the site; as such the address requirement would not be functional. The City's Sign By-law does not permit non-accessory (third party) signs in the City of Kitchener. The kiosks would run advertising for City-related events and activities, but could eventually be used for third party advertising. The proposed sign locations are appropriate for non-accessory content as they are located in areas of high pedestrian traffic within the Retail Core. The variances are minor in nature because the signs will not detract from the streetscape. Furthermore, staff is of the opinion that the signs will not adversely affect the streetscape and will increase accessibility within the proposed locations as they are considered areas of high pedestrian traffic. The Committee considered the report of the Region of Waterloo Transportation Planner, dated July 11, 2011, advising that the proposed digital Kiosk in the northeast corner of the Frederick Street/Benton Street/King Street intersection would be located within the Region of Waterloo right-of-way. As such, the kiosk would not conform to the Region's By-law. In addition to the above, the Region would not endorse the installation of a digital sign due to driver distraction concerns. The proposed sign may cause a distraction to motorists entering and exiting the Frederick Street/Benton Street/King Street intersection which may lead to an increase in collisions. The Chair noted the comments from the Region of Waterloo. Mr. C. Bluhm advised that prior to the installation of the kiosks an additional approval would be required from the Region for the Frederick Street and King Street intersection. He advised that the proposed direction of the sign would not be viewable by passing motorists and the Committee's approval would not limit the Region's authority on the sign placement. The Chair questioned whether the sign locations could be considered separately or whether a condition of Regional approval could be included for only the King Street and Frederick Street sign location. Staff advised that conditions could be added and only be a requirement for a specific sign location. Mr. McColl stated that he could not support this application. He noted that currently the By-law does not permit billboard type signs in the Downtown core and allowing third party advertising COMMITTEE OF ADJUSTMENT 19 JULY 19, 2011 Submission No.: SG 2011-010 (Cont'd on the kiosks would make it a billboard. He further advised that some of the proposed sign locations are within the corner visibility triangles and the Committee has refused applications in the passed due to safety concerns. Ms. Meader questioned whether staff had the authority to revoke the use of the signs pending the discovery of future safety concerns. The Chair noted that an amendement to the recommendation to include "on an individual basis" would allow staff to request removal of one sign while permitting the others to continue operating. Mr. Bluhm advised that the signs are owned by the City and the locations were planned to minimize the distractions for passing drivers. He stated that if the kiosks create a concern for pedestrian or vehicle safety they would be removed. Moved by Ms. J. Meader Seconded by Mr. D. Cybalski That the application of the City of Kitchener requesting permission to locate 4 ground supported digital kiosks having a height of 1.97m (6.46`) within the City rights-of-way, in a D-1 (Retail Core) zone, whereas the Sign By-law does not permit ground supported signs in a D-1 (Retail Core) zone; to have an automatic changing copy component of 50% rather than the permitted 30%; to have no address on the signs, whereas the Sign By-law requires the address to be on these signs; and, to permit non-accessory (third-party) copy on the sign, whereas the Sign By- law does not permit non-accessory signs, on the King Street Right-of-Way (from Francis St to Frederick St), Kitchener, Ontario, BE APPROVED, subject to the following conditions: That should traffic operation concerns arise a result of the use of the digital kiosks, Transportation Planning staff reserve the right to immediately revoke permission to continue operation of the signs, on an individual basis. 2. The owner shall receive approval from the Region of Waterloo for the digital kiosk proposed at the corner of Frederick Street and King Street East, prior to installation. 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 10:13 a.m. Dated at the City of Kitchener this 19th day of July, 2011. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment