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HomeMy WebLinkAbout2017-08-15 - SG COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 15, 2017 MEMBERS PRESENT: Messrs. A. Head and B. McColl and Ms. J. Meader. 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 10:05 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider six 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 recommendations 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 28, 2017 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 2017-008 Applicant: City of Kitchener Property Location: 10 Chopin Drive Legal Description: Block A, Plan 1295, Part Lots 4, 5 & 13 to 15, Plan 793 & Part Lot 27, Plan 404 Appearances: In Support: M. Bruce Contra: None Written Submissions: None The Committee was advised the applicants are requesting permission to replace the existing sign with a ground-supported sign having automatic changing copy to be located 9m from an intersection rather than the required 23m; 33m from a residential zone rather than the required 100m; and, having 51% of the sign area being changing copy rather than the permitted maximum area of 30%. The Committee considered the report of the Planning Division dated August 8, 2017, advising the subject property is zoned Public Park Zone (P-1) in the Zoning By-law. The applicant is requesting permission to install a ground-supported sign with automatic changing copy. The applicant is seeking relief from section 680.3.29 of the Sign By-law to allow automatic changing copy on a sign that is located 33 metres from a residentially-zoned lot located on the same street rather than the required minimum of 100 metres, and located 9 metres from an intersection rather than the required minimum of 23 metres. The applicant is also seeking relief from section 680.11.19 of the Sign By-law to allow automatic changing copy to be 51% of the sign area rather than the permitted maximum of 30%. The intent of the regulation that requires automatic changing copy signs to be 100 metres from a residential zone is to ensure an adequate distance is maintained to minimize the impacts of the additional illumination and distraction of the changing sign. The intent of this regulation is also to ensure the brightness of the screen does not cause a nuisance by casting light onto residential properties. COMMITTEE OF ADJUSTMENT AUGUST 15, 2017 - 5 - 1. Submission No.: SG 2017-008 (Cont’d) Staff is of the opinion the reduced setback proposed by the applicant is sufficient because the automatic changing copy portion of the sign is proposed to project away from residentially- zoned properties and rather will be oriented to project towards traffic. This will ensure the sign will not cause a nuisance by casting light onto residential properties. Staff also notes that the closest residential properties do not have windows that face towards the sign across Westmount Road, minimizing concerns of a potential visual nuisance. To further ensure the sign does not cause a nuisance, staff is recommending a condition be included that the sign be turned off between the hours of 10:00 p.m. and 6:00 a.m. With the proposed layout and recommended condition, staff is of the opinion that the proposed setback distance is sufficient. The intent of the regulation that requires automatic changing copy signs to be set back 23 metres from an intersection is to ensure the sign does not cause a safety hazard by distracting motorists travelling through the intersection. Staff is recommending a condition that requires the messages on the sign to remain static for at least 6 seconds in order to mitigate any concerns of distraction. In addition, Transportation Services has reviewed the application and has no objections to the proposed location of the sign. The intent of the regulation that limits automatic changing copy to 30% of the sign area is to minimize potential impacts of the sign such as distraction and brightness, and to discourage digital screens that are excessively large. Properties with over 50 metres of lot width, such as the subject property, are permitted to have a sign area of up to 20 square metres; if comprised entirely of automatic changing copy, this would not be appropriate for any neighbourhood and would carry a high risk of distraction and excessive brightness. However, the proposed sign area for this sign is only 4.16 square metres, with an automatic changing copy portion of just 2.12 square metres. Therefore, the proposed size of automatic changing copy on the sign meets the intent of the By-law by minimizing impacts and limiting the sign area to an appropriate size for the neighbourhood and surrounding area. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 29, 2017, advising they have no concerns with this application. Ms. M. Bruce was in attendance on behalf of the in support of the subject application and staff recommendation. The Chair expressed concerns with sign variances being requested by the City, noting there may be a precedence for future sign variance requests. Moved by Mr. B. McColl Seconded by Ms. J Meader That the application of City of Kitchener requesting permission to replace the existing sign with a ground-supported sign having automatic changing copy to be located 9m from an intersection rather than the required 23m; located 33m from a residential zone rather than the required 100m; and, having 51% of the sign area being changing copy rather than the permitted maximum area of 30%, on, Block A, Plan 1295, Part Lots 4, 5 & 13 to 15, Plan 793 & Part Lot 27, Plan 404, 10 Chopin Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 10:00 p.m. and 6:00 a.m. 4. That the owner shall complete Condition 1 above prior to December 31, 2017. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: COMMITTEE OF ADJUSTMENT AUGUST 15, 2017 - 6 - 1. Submission No.: SG 2017-008 (Cont’d) 1. The variances 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 Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried 2. Submission No.: SG 2017-009 Applicant: J.T. Risty Enterprises Inc. Property Location: 401 New Dundee Road Legal Description: Part Lot 8, Beasley’s Old Survey Appearances: In Support: J. Coverett Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace the existing sign with a ground-supported sign having automatic changing copy to be located 41.057m from a residential zone rather than the required 100m; and, to allow non-accessory third party advertising whereas the By-law does not permit non-accessory third party advertising. The Committee considered the report of the Planning Division dated August 8, 2017, advising the subject property is zoned Agricultural Zone (A-1) in the Zoning By-law. The applicant is requesting permission to install a ground-supported sign containing automatic changing copy. The applicant is requesting relief from section 680.3.29 of the Sign By-law to add automatic changing copy to a sign that is located 41 metres from a residentially-zoned lot located on the same street rather than the required minimum of 100 metres. The applicant is also requesting relief from section 680.3.32 to allow a sign to be located on a different lot than the business advertised on the sign (non-accessory sign). The intent of section 680.3.29 of the Sign By-law is to ensure that an adequate distance is maintained between automatic changing copy signs and residential zones in order to minimize the impacts of the additional illumination and distraction of the changing sign. The intent of the regulation is to ensure the brightness of the screen does not cause a nuisance by casting light onto residential properties. Staff is of the opinion the reduced setback proposed by the applicant is sufficient because the sign does not project directly towards the residential lots across New Dundee Road, and instead will project towards traffic in both directions. Secondly, the residential lots located across New Dundee Road possess a sizable tree line that acts as a substantial visual barrier. This will ensure that the light cast by the automatic changing copy sign will not reach the front face of the dwellings, some of which are located over 50 metres from the property line. To further ensure that the sign does not cause a nuisance, staff is recommending a condition be included that the sign be turned off between the hours of 10:00 p.m. and 6:00 a.m. Given the proposed location, surrounding vegetation, and recommended condition for the sign to be turned off at night, staff is of the opinion that the proposed setback distance provided is sufficient. The intent of the regulation that prohibits non-accessory signs (third party signs), is to prevent an excess of signage in the City by requiring signs to be located on the same property as the business that is advertised. This regulation is important to preserve street aesthetics by limiting the extent of signage on properties, streets and neighbourhoods throughout the City. The main objective of this regulation is to prohibit property owners from renting out space on their lot to advertise for potentially numerous businesses, which could create a billboard-like signage effect on any privately-owned lot that would permit a sign. COMMITTEE OF ADJUSTMENT AUGUST 15, 2017 - 7 - 2. Submission No.: SG 2017-009 (Cont’d) This is a unique situation as the business, Core Lifestyle & Recreation, is located on the former Kitchener Minor Soccer facility property, which is physically located just outside municipal boundaries but still considered a Kitchener property. Therefore, the sign is considered to be non-accessory because it will be located on the property at 401 New Dundee Road near the driveway entrance to the facility. The requested variance meets the intent of the By-law because it does not represent an attempt to advertise a business not located on the property; the physical location of the business is due to an existing condition inherited from the purchase of the former municipal soccer facility. The applicant is proposing to replace the existing sign and the business will continue to have one ground-supported sign; therefore the requested variance does not represent excessive signage. Based on the above comments, staff is of the opinion that the proposed variance to 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 29, 2017, advising they have no concerns with this application. Ms. J. Coverett was in attendance in support of the subject application and staff recommendation. Mr. B. McColl noted although third party advertising on a sign of this nature may be seen as billboard advertising, he acknowledged the subject application is site-specific. He indicated he would support the variance as outlined. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of J.T. Risty Enterprises Inc. requesting permission to replace the existing sign with a ground-supported sign having automatic changing copy to be located 41.057m from a residential zone rather than the required 100m; and, to allow non-accessory third party advertising whereas the By-law does not permit non-accessory third party advertising, on Part Lot 8, Beasley’s Old Survey, 401 New Dundee Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3. That the owner shall ensure the automatic changing copy portion of the sign be turned off between the hours of 10:00 p.m. and 6:00 a.m. 4. That the owner shall complete Condition 1 above prior to December 31, 2017. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances 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 Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT AUGUST 15, 2017 - 8 - 3. Submission No.: SG 2017-010 Applicant: City of Kitchener Property Location: 100 Rittenhouse Road Legal Description: Block D & Part Block C, Plan 1416 Appearances: In Support: K. Howells Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace the existing sign with a ground-supported sign having automatic changing copy to be located 29m from a residential zone rather than the required 100m.; and, having a sign area of 4.16 sq.m. rather than the permitted 3 sq.m. The Committee considered the report of the Planning Division dated August 8, 2017, advising the subject property is zoned Major Institutional Zone (I-3) in the Zoning By-law. The applicant is requesting permission to install a ground-supported sign with automatic changing copy. The applicant is asking for relief from section 680.3.29 of the Sign By-law to allow automatic changing copy on a sign that is located 29 metres from a residentially zoned lot located on the same street, rather than the required minimum of 100 metres. The applicant is also seeking relief from section 680.11.9 of the Sign By-law to allow a sign area of 4.16 square metres rather than the permitted maximum of 3 square metres. The intent of section 680.3.29 of the Sign By-law is to ensure that an adequate distance is maintained between automatic changing copy signs and residential zones in order to minimize the impacts of the additional illumination and distraction of the changing sign. The intent of this regulation is also to ensure the brightness of the screen does not cause a nuisance by casting light onto residential properties. Staff is of the opinion that the reduced setback proposed by the applicant is sufficient because the automatic changing copy portion of the sign is proposed to project away from residentially- zoned properties and rather will be oriented to project towards traffic. This will ensure the sign will not cause a nuisance by casting light onto residential properties. To further ensure the sign does not cause a nuisance, staff is recommending a condition that the sign be turned off between the hours of 10:00 p.m. and 6:00 a.m. With the proposed layout and condition, staff is of the opinion that the proposed setback distance provided is sufficient. The intent of section 680.11.9 of the Sign By-law is to ensure that signs located in an institutional zone are not excessively large and do not dominate the streetscape, as these properties are often within areas that are primarily residential. In the opinion of staff, the proposed increase in sign area will not dominate the streetscape and is not considered to be excessively large for the following reasons: the proposed increase in sign area is just 1.16 square metres and is considered to be minor by staff; and, the permitted sign area is determined by lot width when not in an institutional zone. If this property were not zoned Institutional, (many of the City’s community centres are zoned Public Park), the large size of the lot would allow for the sign to be 20 square metres in size, and the sign would comply. Staff is of the opinion that the proposed sign is an appropriate size for the size of the lot. The sign complies with all other regulations of the Sign By-law. Based on the above comments, staff is of the opinion that the proposed variance to 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 29, 2017, advising they have no concerns with this application. Ms. K. Howells was in attendance in support of the subject application and staff recommendation. COMMITTEE OF ADJUSTMENT AUGUST 15, 2017 - 9 - 3. Submission No.: SG 2017-010 (Cont’d) Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of City of Kitchener requesting permission to replace the existing sign with a ground-supported sign having automatic changing copy to be located 29m from a residential zone rather than the required 100m; and, having a sign area of 4.16 sq.m. rather than the permitted 3 sq.m., on Block D & Part Block C, Plan 1416, 100 Rittenhouse Road, Kitchener, Ontario,BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure messages displayed on the automatic changing copy portion of the sign remain static for at least 6 seconds. 3. That the owner shall ensure automatic changing copy portion of the sign be turned off between the hours of 10:00 p.s. and 6:00 a.m. 4. That the owner shall complete Condition 1 above prior to December 31, 2017. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances 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 Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried 4. Submission No.: SG 2017-011 Applicant: 970781 Ontario Inc. Property Location: 305 Frederick Street Legal Description: Lot 3, Plan 197 Appearances: In Support: C. Arnold Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace the existing sign with a ground-supported sign on a lot having a width of 12.7m rather than the required 15m; and; a distance separation of 12.7m from another ground-supported sign rather than the required distance separation of 15m. The Committee considered the report of the Planning Division dated August 4, 2017, advising the subject property is zoned Commercial Residential One (CR-1) with special provisions 128U and 114R under By-law 85-1 and has a designation of Low Density Commercial Residential in the in the Central Frederick Secondary Plan of the City’s Official Plan. The applicant is requesting relief from section 680.11.2 of the Sign By-law to install a ground- supported sign located on a lot that is 12.7 metres wide whereas a minimum width of 15 metres is required; and, to have a separation distance of 12.7 metres from another ground-supported sign on an abutting property rather than the required distance separation of 15 metres. A ground-supported sign is currently located within the Driveway Visibility Triangle (DVT). This sign will be removed and the new proposed sign will be located outside of the DVT. COMMITTEE OF ADJUSTMENT AUGUST 15, 2017 - 10 - 4. Submission No.: SG 2017-011 (Cont’d) The intent of the minimum lot width and minimum separation distance regulations between signs and on abutting properties is to ensure that an adequate distance is provided between signs in order not to negatively impact the streetscape or abutting properties with too many signs. The subject properties on this portion of Frederick Street were originally developed with single detached dwellings and the lot widths are limited by this earlier development. Over the years, the zoning has changed to commercial-residential and many of these properties have been converted to office and/or mixed office-residential uses. The proposed sign will not be located within the DVT and with the removal of the existing sign currently located within the DVT, this will allow for better visibility and safety for vehicles entering and exiting the property. It is also noted there are 2 signs currently located within 15 metres on either side; however, sufficient separation distance is maintained. Because of the reduced lot width, staff recommends a maximum sign height of 1.8 metres (6 ft.). The variances can be considered minor and are appropriate development for the surrounding streetscape. Staff is of the opinion that the variances meet the intent of the By-law within the confines of the reduced lot widths for the subject properties. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 29, 2017, advising both the existing sign to be relocated and the proposed sign are located within a future road allowance widening along Frederick Street identified as Part 56 of Plan 58R-401. The Region requests that the sign be located entirely behind the future road allowance widening area. Mr. C. Arnold was in attendance in support of the subject application and staff recommendation. He acknowledged the comments from the Region of Waterloo regarding the road allowance. Moved by Ms. J. Meader Seconded by Mr. B. McColl That the application of 970781 Ontario Inc. requesting permission to replace the existing sign with a ground-supported sign on a lot having a width of 12.7m rather than the required 15m; and; a distance separation of 12.7m from another ground-supported sign rather than the required distance separation of 15m, on Lot 3, Plan 197, 305 Frederick Street, Kitchener, Ontario,BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the Planning Division. 2. That the owner shall ensure the maximum sign height is no greater than 1.8 metres (6 ft.). 3. That the owner shall complete Conditions 1 and 2 above prior to February 1, 2018. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variances 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 Chapter 680 (Signs) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT AUGUST 15, 2017 - 11 - 5. Submission No.: SG 2017-012 Applicant: Church of St. John the Evangelist Property Location: 19-23 Water Street North Legal Description: Lots 153 & 154 and Part Lot 155, Plan 374 Appearances: In Support: T. Rothwell C. Stuart Contra: None Written Submissions: None The Committee was advised the applicant is requesting permission to replace an existing ground-supported sign on the subject property, currently Zoned D1, whereas the By-law does not permit ground-supported signs to be located within a D1 Zone. The Committee considered the report of the Planning Division dated August 2, 2017, advising the subject property is zoned Retail Core (D-1) and is designated City Centre District in the 2014 Official Plan. The building located on the property is the Church of St. John the Evangelist which was built circa 1894 and is listed with Heritage Kitchener. The owner is requesting permission replace an existing ground-supported sign with another ground-supported sign, whereas the City’s Sign By-law does not permit ground-supported signs in Retail Core (D-1) zones. The current sign has existed since 1993 when it received minor variance approval (Application S 9/93). The requested variance meets the intent of the Sign By-law and can be considered minor. Ground-supported signs are generally considered incompatible with the zero-setback building form typical to the retail core. However, for the subject, property a ground-supported sign is considered appropriate as the church building is set well back from both Duke and Water Streets and has a substantial area of lawn enclosed by a wrought iron fence. Furthermore, given the use of the property with the existing building, and its Heritage interest, other types of signs (fascia, projecting) would be less appropriate than the proposed replacement sign. It is noted that the proposed ground-supported sign meets all other regulations of the Sign By-law. The variances are appropriate development for the property and surrounding streetscape. As noted above, there is a large area of landscaping between the public realm and the building, and a ground-supported sign provides the best visibility to both Duke and Water Street. The existing sign has been in place since 1993 and before this sign, there existed another ground- supported sign. There have been no concerns in the past in regards to ground-supported signs. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated July 29, 2017, advising they have no concerns with this application. Messrs. T. Rothell and C. Stuart were in attendance in support of the subject application and staff recommendation. Mr. Rothwell noted a clerical error in the staff report regarding the name of the Church. Moved by Mr. B. McColl Seconded by Ms. J. Meader That the application of Church of St. John the Evangelist requesting permission to replace an existing ground-supported sign on the subject property, currently Zoned D1, whereas the By- law does not permit ground-supported signs to be located within a D1 Zone, on Lots 153 & 154 and Part Lot 155, Plan 374, 19-23 Water Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain 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. COMMITTEE OF ADJUSTMENT AUGUST 15, 2017 - 12 - 5. Submission No.: SG 2017-012 (Cont’d) 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 10:12 a.m. Dated at the City of Kitchener this 15th day of August, 2017. Dianna Saunderson Secretary-Treasurer Committee of Adjustment