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HomeMy WebLinkAbout2016-08-16 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 16, 2016 MEMBERS PRESENT: Messrs. A. Head 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. A. Head, Vice-Chair, called this meeting to order at 10:07 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, August 29, 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 2016-004 Applicant: Conestoga College Institute of Technology and Advanced Learning Property Location: 299 Doon Valley Drive Legal Description: Part Lots 9 & 10 Beasley’s Old Survey and Part of Biehn’s Unnumbered Tract Appearances: In Support: T. Schill J. Swagerman Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to install a sign on a radio communication tower having a height of 50m (164.041’) rather than the permitted maximum height of 7.5m (24.606’). The Committee considered the report of the Planning Division, dated August 9, 2016, advising the subject property is zoned Major Institutional (I-3). The subject property is designated Major Institutional in the current Official Plan, and Institutional in the new Official Plan (under appeal). The applicant is requesting permission to install a sign on a proposed cellular tower in the location pictured above. The applicant is asking for relief from section 680.11.4 of the Sign By- law to install a sign that will be at a height of 50 metres rather than the maximum permitted height of 7.5 metres. The general intent of section 680.11.4 of the Sign By-law is to ensure that signage does not dominate a streetscape by projecting over the built form by limiting height to reasonable standards based on lot frontage. Section 680.11.4 is intended to restrict the height of structures built for the express purpose of signage, whereas this sign is proposed to be located on a cellular tower that serves its own purpose and will exist at a height of 50 metres regardless of whether it contains signage or not. COMMITTEE OF ADJUSTMENT AUGUST 16, 2016 - 10 - Submission No.: 1.SG 2016-004 (Cont’d) Staff is of the opinion that the proposed signage will have a positive impact on the overall site aesthetics by screening antennas and other technical equipment from view. As the site has an area of 114 acres, the scale of the sign is considered appropriate for this proposal. The proposed sign will have a signage area of 18.37 M² per side and a setback of 32 metres from the closest lot line. The sign complies with all other regulations of the Sign By-law. Staff is of the opinion that the sign can be considered minor as the structure with a height of 50 metres will exist whether or not signage is installed. The addition of the sign to the structure can be considered minor and staff is of the opinion that the signage will be a positive addition to the proposed structure and is appropriately scaled and setback for the size of the property. Based on the above comments, staff is of the opinion that the sign is minor and meets the general intent of the Sign By-law and is appropriate for the lot and surrounding neighbourhood. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 6, 2016, advising they have no concerns with this application. The Committee considered the report of the Ministry of Transportation (MTO), dated August 8, 2016, advising they will not support the installation of a sign located at a height of 50m mounted to the tower as indicated. Messrs. T. Schill and J. Swagerman were in attendance in support of the subject application and the staff recommendation. The Chair noted the comments from the MTO advising that they are not in support of the proposed sign. Mr. Swagerman advised that they have had some discussions with the MTO regarding the sign and they have indicated that the proposed sign does not comply with current MTO policies. He further advised he has received comments from the MTO related to the installation of the cellular tower advising that they have no concerns. Mr. B. McColl expressed some concerns with the sequence of approval, noting the MTO’s objection to the proposed sign. Mr. Swagerman indicated he is aware that an MTO permit will be required prior to the installation of the sign and without that approval the variance will become null and void. Ms. P. Kohli advised that she was in support of the proposed sign noting the proposed design was aesthetically pleasing, providing it did not expand beyond the width of the proposed tower. Mr. McColl questioned whether the Committee’s approval would allow the applicant to change the proposed sign to include changing copy etc. in the future. Mr. Swagerman indicated the sign is proposed to stay static, due to the maintenance requirement of the tower. In response to questions, Mr. Swagerman advised that there are no way-finding signs from the west identifying the location of the College. Ms. P. Kohli brought forward a motion to approve Application SG 2016-004 as per the recommendation outlined in the staff report. Mr. B. McColl brought forward an amendment to include a condition that the Committee’s approval would be generally as per the plans submitted with the application. Mr. Swagerman indicated he was not opposed to the proposed amendment pending there is some flexibility in the size of the sign, once the tower has been installed. Ms. J. von Westerholt advised that the proposed condition would leave some flexibility to finalize the sign design. Moved by Ms. P. Kohli Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT AUGUST 16, 2016 - 11 - Submission No.: 1.SG 2016-004 (Cont’d) That the application of Conestoga College Institute of Technology and Advanced Learning requesting permission to install a sign on a radio communication tower having a height of 50m (164.041’) rather than the permitted maximum height of 7.5m (24.606’), on Part Lots 9 & 10 Beasley’s Old Survey and Part of Biehn’s Unnumbered Tract, 299 Doon Valley Drive, Kitchener, BE APPROVED Ontario,, subject to the following condition: 1. That approval of Sign Application SG 2016-004 is generally as per the plans submitted with the application. 2. That the owner shall obtain a Sign Permit from the Planning Division. 3. That the owner shall obtain a Sign Permit from the Ministry of Transportation (MTO). 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 10:16 a.m. Dated at the City of Kitchener this 16th day of August, 2016. Dianna Saunderson Secretary-Treasurer Committee of Adjustment