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HomeMy WebLinkAboutAdjustment - 1997-09-16 SIGCOA\1997-09-16-SIGN COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 16, 1997 MEMBERS PRESENT: Messrs. J. Gothard, W. Dahms, D. McKnight, and S. Kay. OFFICIALS PRESENT: Ms. J. Given, Senior Planner, Mr. R. Morgan, Co-ordinator Zoning Administration and Ms. D. H. Gilchrist, Secretary-Treasurer. The Chairman called the meeting to order at 9:30 a.m. This meeting of the Committee of Adjustment as a Standing Committee of City Council was called to consider applications regarding variances to Chapter 680 of the City of Kitchener Municipal Code. The Committee will not make a decision on this application but rather will make a recommendation which will be forwarded to Committee of the Whole and Council for final decision. APPLICATIONS The Chairman explained that the Committee's decisions with respect to Sign Variances are not final, but recommendations to City Council. He advised all those present that the Committee's recommendations for Submission No. S 8/97, would be forwarded to the City Council meeting scheduled for Monday September 29, 1997, at 7:00 p.m. and they may appear at the Council meeting if they wish. Submission No. S 8/97 - City of Kitchener, Kitchener Memorial Auditorium Complex, 400 East Avenue, Kitchener, Ontario. Part Lots 1-8, Plan 605, Part Lot 45, Plan 672, Lots 119-140, Plan 299, Part Lot 94, Streets & Lanes and part Lot 98, Subdivision of Lot 12, German Company Tract, 400 East Avenue, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. K. Baulk & Mr. R. Stevenson Kitchener Memorial Auditorium 400 East Avenue Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to erect a pylon sign, with automatic changing copy, in a Residential Zone; whereas the Sign By-law prohibits such signs within 150 m (492.13 ft.) of a Residential Zone. The sign will be located 23 m (75.46 ft.) from the intersection of Ottawa Street and the Expressway ramp, 3.05 m (10 ft.) from the property line along Ottawa Street and 3.05 m (10 ft.) from the property line along the Conestoga Expressway. The Committee noted the comments of the Department of Planning & Development in which they advised that the applicant is requesting permission to erect a pylon sign, with automatic changing copy, in a Residential zone; where the sign By-law prohibits such signs within 150 m (492.13 ft.) of a Residential zone. The sign will be located a minimum 23 m (75.46 ft.) from the intersection of Ottawa Street and the Expressway ramp, a minimum of 3.05 m (10 ft.) from the property line along the Conestoga Expressway. This application should be amended to request permission to erect a pylon sign, with automatic changing COMMITTEE OF ADJUSTMENT 24 SEPTEMBER 16, 1997 copy, 76 ft. (23.2 metres) from a Residential zone instead of the required 150 metres. In this instance the measurement is taken from the centre of Ottawa Street which is where the Residential zone begins. The proposed sign will be located on lands zoned Major Institutional (I-3) in accordance to the City's By-law 85-1. 1. Submission No. S 8/97 - City of Kitchener - cont'd In April of 1997 the City of Kitchener came before the Committee with a proposal to erect the same sign farther down Ottawa Street at the entrance to the facility in the small portion of their lands which are zoned Residential. This application was refused and as such the applicant is now proposing the new location which was suggested by some of the neighbours who attended the Committee meeting. The applicant is requesting this sign which will have digital display boards to advertise upcoming events as well as two changeable copy advertising panels on each sign face to advertise various products. The sign is appropriate for the facility given its size as well as the diversity of the activities that occur at the facility. The applicant has indicated their intent to dim the sign at night to lessen the visual impact on the neighbouring property. The proposed location is a vacant field abutting the Highway 86 off-ramp to the east and residential uses to the south and west, Jack Couch baseball stadium is located immediately to the north. This new Ottawa Street location is desirable as Ottawa Street is a primary arterial and as such accommodates high volumes of traffic. The sign will be positioned perpendicular to the street so that vehicles travelling along Ottawa Street will be able to read the messages. In addition this location and the proposed setbacks for the sign together with the dimming of the sign will alleviate the sign's impact on the residential properties. The pylon sign itself complies with all other regulations of the by-law. The Department of Planning & Development recommends approval of the requested variance as amended. As the applicant has already received a sign permit from the Ministry of Transportation, they should be aware that should Council approve the variance, a sign permit from the City will be required to be obtained. The Committee noted the comments of the Traffic & Parking Division in which they advised that they have reviewed this application with the Region of Waterloo and support the proposed sign installation at the proposed location, subject to the necessary approvals being obtained from the Region and the Ministry of Transportation. With regard to the location of the proposed sign in relation to the abutting roads, it is difficult to assess the impact of the sign on traffic operations; however, it was their understanding that consideration has been given to the impact of the sign on passing traffic in the design of the type of changeable copy, the hours of operation and the sign location. The Committee noted the comments of the Ministry of Transportation in which they advise that this application has been considered and reviewed in accordance with the requirements of Provincial Highway Access Control Policy and it has been determined that the application does not affect the provincial highway system. They also advised that a M.T.O. Sign Permit was issued for this sign on August 12, 1997. The Committee noted the comments of the Engineering Department, Region of Waterloo in which they advised that Regional staff have reviewed this application and, as indicated in previous correspondence to Mr. Bob Stevenson, the existing road allowance on Ottawa Street at this location is deficient. A 10 ft. road widening will be required in the future to accommodate an 86 ft. wide road allowance. The proposed sign should be placed behind what will be the future property line so that an encroachment will not be created when the road allowance is widened. At the request of Mr. Baulk the Committee agreed to consider an amendment to the application in accordance with the Planning Department comments. Mr. Baulk addressed the Committee and provided background information on the history of this sign. He advised that since attending the Committee of Adjustment in April of this year a neighbourhood open house was held and the 1. Submission No. S 8/97 - City of Kitchener - cont'd COMMITTEE OF ADJUSTMENT 25 SEPTEMBER 16, 1997 comments of the neighbourhood have been taken into consideration in this application. The concerns expressed by the neighbourhood were: the size of the sign, a curfew for the changeable copy portion of the sign, a light dimmer and no offensive advertising to be placed on the sign. At the time of the last application, the neighbours objected to the previous proposed location at the Ottawa Street entrance. At that time the Ministry of Transportation would not allow the sign to be located closer to the expressway. Subsequently, the Ministry of Transportation has issued a permit for this proposed location and staff again met with the neighbours about their objection. Staff have reduced the size of the sign, changed the location, installed a dimmer control, agreed to a curfew and agreed that there shall be no offensive advertising, in order to comply with the neighbours' wishes. The Chairman questioned the setback of the sign from Ottawa Street, noting the comments of the Engineering Department of the Region of Waterloo and Mr. K. Baulk advised that it would be the edge of the sign that is setback 10 ft. from Ottawa Street and not the pylon itself. The Committee then questioned whether there were any neighbours in the audience and there was no response. Moved by Mr. W. Dahms Seconded by Mr. J. Gothard That the application of The City of Kitchener (Kitchener Memorial Auditorium) requesting permission to erect a pylon sign, with automatic changing copy, 23.2 m (76 ft.) from a residential zone rather than the required 150 m (492.13 ft.)on Part Lot 1-8, Plan 605, Part Lot 45, Plan 672, Lots 119-140, Plan 299, Part Lot 94, Streets and Lanes and Part Lot 98, Subdivision of Lot 12, German Company Tract, 400 East Avenue, Kitchener, Ontario BE APPROVED subject to the following conditions: That the variance as approved in this application shall apply to a sign measuring 7 ft. 8 inches by 16 ft. 8 inches. That the sign shall be placed behind the future property line resulting from a Regional road widening of 10 ft. 3. That the operation of the changeable copy on the proposed pylon sign shall cease at 11:30 p.m. 4. That the sign shall contain a dimmer control which shall be operated in the evenings. 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. The general intent and purpose of the City of Kitchener Municipal Code Chapter 680 (Signs) is being maintained on the subject property. Carried The Committee requested that it be noted in the minutes that the City has agreed that there will be no offensive advertising on this sign. ADJOURNED On Motion, the meeting adjourned at 9:50 a.m. Dated at the City of Kitchener this 16th, day of September 1997. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment