Loading...
HomeMy WebLinkAbout2016-01-19 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 19, 2016 MEMBERS PRESENT: Messrs. D. Cybalski and B. McColl and Ms. P. Kohli. OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner; Mr. D. Seller, Traffic & Parking Analyst; Ms. D. Saunderson, Secretary-Treasurer; and, Ms. H. Dyson, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 10:05 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider one application regarding a variance to the City of Kitchener Sign By-law. The Committee will not make a decision on this application but rather will make recommendations which will be forwarded to the Committee of the Whole and Council for final decisions. 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 recommendation will be forwarded to City Council on Monday, February 22, 2016 at 7:00 p.m., and the applicant may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS Submission No.: 1. SG 2016-001 Applicant: Highland Baptist Church Property Location: 135 Highland Road West Legal Description: Subdivision of Lot 17, Part Lot 96, German Company Tract, Appearances: In Support: T. Gagne Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission install automatic changing copy on an existing ground supported sign located 26m (85.301’) from a residential zone rather than the required 100m (328.083’). The Committee considered the report of the Planning Division, dated January 11, 2016, advising the property is zoned Institutional One (I-1) in By-law 85-1 and has an Official Plan designation of Low Rise Residential (current OP) and Institutional (new OP – under appeal). The applicant is requesting permission to install automatic changing copy on an existing ground supported sign with the copy to be located 26 metres (85.30 ft) from a residentially zoned lot rather than the required minimum of 100 metres (328.08 ft). The variance meets the intent of the Sign By-law and can be considered minor for the following reasons. The intent of the separation distance between residentially zoned properties and automatic changing copy on a sign is to ensure that residents are not negatively impacted by the automatic changing copy. The subject sign is approximately 26 metres (85.3 ft) from the nearest residentially zoned property which is located across the street. There are also homes on either side of the property. It is noted the subject property is located on a primary arterial road, which is a Regional road. The function of a primary arterial road is to distribute large volumes of traffic between other arterial roads and major collector roads. As this is a road that has a high volume of traffic, a sign with automatic changing copy would not be inappropriate for advertising purposes. COMMITTEE OF ADJUSTMENT JANUARY 19, 2016 - 2 - Submission No.: 1. SG 2016-001 (Cont’d) In regards to the surrounding residences, it is noted there are some automatic changing signs seen in the City that may display scrolling and/or flashing automatic changing copy. This is not permitted by Section 680.3.29 of the Sign By-law, which states 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”. Therefore, to ensure the display of automatic changing copy is not distracting to the surrounding residents, staff recommends this regulation be specifically noted as a condition of the sign variance. The proposed area of automatic changing copy is approximately 50% of the sign face (see the proposed sign drawing submitted with the application). The total sign height is 1.5 metres (5 ft) and the proposed automatic changing copy area, as shown on the submitted sign drawing, is to be half the existing sign area and will be located no higher than 0.9 m (3 ft) above grade. It is staff’s opinion this area and location of the copy on the sign, along with the restriction on scrolling and flashing, will have limited impact on the neighbours while still providing signage to the high volume of traffic on this primary arterial road. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated December 22, 2015, advising although they have no concerns with this application, they noted under a future development application (i.e. Site Plan, Plan of Condominium, Consent, Plan of Subdivision) a 4.88m (16ft) road widening dedication along Highland Road West would be taken. Post road widening dedication, the sign would encroach into the Highland Road West right-of-way and would require an encroachment agreement or would need to be removed. Mr. T. Gagne advised he was in support of the subject application and the staff recommendation. The Chair noted comments from the Region of Waterloo for consideration regarding the subject property and future development applications. Mr. B. McColl indicated he had no objections to the installation of changing copy portion on the existing sign. He stated in previous applications considered by the Committee, an additional condition was imposed requiring the owner to turn off the changing copy portion of the sign between the hours of 11:00 p.m. and 7:00 a.m. He requested an amendment to include a similar condition as part of this approval, as well as an amendment to Condition 2 of the staff recommendation to increase the static rate from 6 seconds to 15 seconds. Mr. Gagne expressed concern with the proposed amendment to turn off the changing copy portion of the sign in the evening, noting it is the applicants’ preference to have it illuminated 24- hours. The Chair noted the requirement for a residential zone is a setback of 100m, indicating the Condition has been recommended on applications similar in nature in the past to ensure there are no negative impacts to residents from the sign projecting light into bedroom windows in the evening. Moved by Mr. B. McColl Seconded by Ms. P. Kohli That the application of Highland Baptist Church requesting permission to install automatic changing copy on an existing ground supported sign located 26m (85.301’) from a residential zone rather than the required 100m (328.083’), on Subdivision of Lot 17, Part Lot 96, German BE APPROVED Company Tract, 135 Highland Road West, Kitchener, Ontario, , subject to the following conditions: 1. That the owner shall ensure all changes to the sign are in generally conformity with the sign drawing submitted with this variance application. 2. That the owner shall ensure the automatic changing copy does not contain flashing, intermittent or moving lights and the rate of change in the content of the copy shall be static for a minimum of 15 seconds. 3. That the owner shall obtain a sign permit from the Planning Division. COMMITTEE OF ADJUSTMENT JANUARY 19, 2016 - 3 - Submission No.: 1. SG 2016-001 (Cont’d) 4. That the owner shall ensure that the automatic changing copy portion of the sign is turned off between the hours of 11:00 p.m. and 7:00 a.m. 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 Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried ADJOURNMENT On motion, the meeting adjourned at 10:09 a.m. Dated at the City of Kitchener this 19th day of January, 2016. Dianna Saunderson Secretary-Treasurer Committee of Adjustment