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Home My WebLink AboutDSD-18-109 - SG 2018-009 - 236 Mill StStaff Report Kt'rC� IES' :R Community Services Department www.kifchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: September 18, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning & Zoning) — 519-741-2200 x 7110 WARD: 9 DATE OF REPORT: September 6, 2018 REPORT #: DSD 18-109 SUBJECT: Application SG 2018-009 — 236 Mill Street Owner — Gerry Zister Approve with Conditions i, 7 5 ,1221.2, f i 'I 223 SS r 1 1 ' 244 `F r 250 Ground -supported sign to have automatic changing copy REPORT Planning Comments: The subject property is located on Mill Street, south of Stirling Avenue South. It is a split -zoned property, with the rear portion being zoned General Industrial (M-2) with Special Provision 159U, and the front portion being zoned Commercial -Residential One (CR -1) with Special Provision *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 158U in By-law 85-1. The property is designated Open Space and Industrial in the Mill Courtland Woodside Park Neighbourhood Secondary Plan for Land Use. City Planning staff conducted a site inspection of the property on August 28, 2018. The applicant is requesting permission to construct a ground supported sign with automatic changing copy which will be located 25.8 metres from a Residential zone rather than the required 100 metres. Front of 236 Mill Street — old sign shown in front yard The requested variance meets the intent of the Sign By-law and can be considered minor for the following reasons. The intention of the regulation requiring a minimum distance separation for automatic changing copy from Residential zones is to ensure that the changing copy does not negatively impact the enjoyment and use of nearby residences. Although located within the minimum distance separation of 100 metres, the area of the automatic changing copy is an appropriate size (7.43 square metres) for this commercial -residential property and the proposed separation distance continues to maintain a suitable setback from the adjacent residential zones so as not to impact residences. In accordance with the Sign By-law, the automatic changing copy sign shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds. Based on the above comments, staff is of the opinion that the requested variance is appropriate development for the subject lands and surrounding area and meets the general intent of the Sign By-law. Planning staff recommends that this application be approved subject to the condition outlined in the Recommendation section of this report. Heritage Comments: Note that the subject property is located within the Mill Courtland Woodside Park Secondary Plan. The applicant should be aware that the land use policies and zoning for the property and area are subject to change through an upcoming neighbourhood planning review (to stay informed, subscribe to https://www.kitchener.ca/en/city-services/neighbourhood-planning- reviews.aspx). As part of this review, the City will be proceeding with the next step of the cultural heritage landscape conservation process. Special Policy Area #58 provides the interim policy direction for how development applications will be evaluated until such time as the City completes the secondary plan review, including implementation of the Planning Around Rapid Transit Study (PARTS) Rockway Station recommendations. The subject site is within the Focus Area for intensification and as such. Building Comments: The Building Division has no objections to the proposed sign variance provided a sign permit is obtained prior to installation. Transportation Services Comments: Transportation Services have no concerns with located outside of the driveway visibility triangle. Engineering Comments: No concerns. Heritage and Policy Planning Comments: No concerns. RECOMMENDATION the proposed sign location, as the sign is being That application SG 2018-009 requesting permission to construct a ground -supported sign to have automatic changing copy which will be located 25.6 metres from a Residential zone rather than the required 100 metres be permitted subject to the following conditions: 1. That a Sign Permit is obtained for the proposed business from the Planning Division; 2. That the automatic changing copy portion of the sign be turned off between the hours of 10:OOPM and 6:00 AM; and, 3. That condition 1 shall be completed prior to July 1st, 2019. 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. Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Technical Assistant (Planning & Zoning) Senior Planner Region of Waterloo August 31, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: D20-20/VAR KIT GEN (6)/55, 2589769 Ontario Corporation (7) NAR KIT, Citified Property Initiative Inc. (10) /04 Urban, Novacore Townhouses (11) /VAR KIT, 2296093 Ontario Inc. Re: Committee of Adjustment Meeting on September 18, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 236 Mill Street (SG 2018-009): No concerns. 2. 1110 New Dundee Road (A 2018-095): No concerns. 3. 904 Magdalena Court (A 2018-096): No concerns. 4. 196 Hickson Drive (A 2018-097): No concerns. 5. 6 Waterwillow Court (A 2018-098): No concerns. 6. 161 Victoria Street South (A 2018-099): No concerns. 7. 6 Southdale Avenue (A 2018-100): No concerns. 8. 264 Lawrence Avenue (A 2018-101): No concerns. 9. 70 Windrush Trail (A 2018-102): No concerns. 10. 83 Elmsdale Drive (A 2018-103): No concerns. 11.387 King Street East (A 2018-104): No concerns. 12. Claremont Avenue (A 2018-105): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. Document Number: 2815510 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE September 7, 2018 YOUR FILE: See below Applications for Signs: SG 2018-009 236 Mill Street Applications for Minor Variance: A 2018-096 904 Magdalena Court A 2018-097 196 Hickson Drive A 2018-098 6 Waterwillow Court A 2018-099 161 Victoria Street South A 2018-102 70 Windrush Trail A 2018-103 83 Elmsdale Drive A 2018-104 387 King Street East A 2018-105 59 Claremont Avenue A 2018-114 94 Fifth Avenue A 2018-115 44 Franklin Street South Applications for Consent: B 2018-063 to -071 B 2018-072 to -081 B 2018-082 to -096 B 2018-097 to -106 B 2018-107 to -113 B 2018-114 B 2018-115 GRCA COMMENT*: 210 to 242 Rivetrail Avenue 246 to 282 Rivertrail Avenue 125 to 181 Grand Flats Trail 45-53 Valleybrook Drive and 54-78 Valleybrook Drive 94 Fifth Avenue 44 Franklin Street South 124-148 Grand Flats The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I Grand River Conservation Authorith.