HomeMy WebLinkAboutDSD-2021-122 - Sign Variance Application SVA2021-005 - 105 King Street East - Vista Waterloo Ltd. PartnershipStaff Report
Dbvelo n7ent Services Department
REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: August 9, 2021
SUBMITTED BY: Bustamante, Rosa, Director of Planning
www. kitchener ca
PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: July 28, 2021
REPORT NO.: DSD -2021-122
SUBJECT: Sign Variance Application SVA2021-005
Address: 105 King Street East (Crowne Plaza Hotel)
Owner: Vista Waterloo Limited Partnership
RECOMMENDATION:
That Sign Variance Application SVA2021-005 related to 105 King Street East for Vista
Waterloo Limited Partnership, for the purpose of allowing a digital sign on the Benton
Street fagade of the existing building, requesting the following relief from Section 680
of the Municipal Code ("Sign By-law"):
A. Relief from Section 680.10.18 only allowing fascia signs with external
downward illumination in D-1 through D-3 Zones, whereas the proposed
digital sign will be internally illuminated,
B. Relief from Sections 680.3.29 and 680.10.17 requiring automatic changing
copy on a sign to be no closer than 23 metres (75.45 feet) of a street
intersection or traffic light, whereas the proposed sign is approximately 1.2
metres (4 feet) from the intersection of Benton Street & King Street East, and
C. Relief from Section 680.3.32 prohibiting third party advertising, whereas the
proposed sign will include third party advertising,
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REPORT HIGHLIGHTS:
• The purpose of this report is to recommend refusal of a Sign Variance Application
(SVA).
• There are no financial implications to the City associated with this matter.
• Community engagement included circulation of the application to all property owners
within 120 metres of the subject property, Downtown BIA directors, and DAAC
members.
• This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
In late 2019, the applicant submitted a Sign Variance Application (SVA) to permit a large
digital sign on the Benton Street facade of the Crowne Plaza Hotel. The SVA was placed
on hold at Planning staff's request to undertake a study, since staff recognized potentially
significant and wide-ranging implications related to the proposed sign. Between February
2020 and June 2021, Planning staff undertook the Downtown Digital Sign Study (DDSS).
The DDSS identified that, in general, the downtown community does not want digital signs
to be permitted in the Retail Core of downtown. Accordingly, staff provided an information
report (DSD -2021-90) to Council in 2021 that suggested no changes to the Sign By-law,
which currently does not allow digital signs in the Retail Core. In June 2021, the applicant
submitted a revised SVA. This report responds to the revised SVA.
REPORT:
Original Sign Variance Application
In late 2019, the applicant submitted a Sign Variance Application (SVA) to permit a large
digital fascia sign on the Benton Street fagade of the Crowne Plaza Hotel. Planning staff
recognized the potential significant and wide-ranging implications of allowing such a sign,
which is not permitted in the City's sign by-law. At the request of staff, the applicant agreed
to place their application on hold to allow a study to be undertaken.
Downtown Digital Sign Study
Between February 2020 and June 2021, Planning staff undertook the Downtown Digital Sign
Study (DDSS). At the June 14, 2021 Planning and Strategic Initiatives Committee meeting,
the Committee considered a `for information' staff report DSD -2021-90 regarding the DDSS.
The purpose of the DDSS was to evaluate whether the Sign By-law should be amended to
allow digital signs in the Retail Core. The study focused on engagement with the downtown
community and included consultation with directors of the Downtown Business Improvement
Association (BIA), members of the Downtown Action Advisory Committee (DAAC), the
downtown community (via an Engage Kitchener survey), four major downtown landlords /
developers, and the local sign industry.
The DDSS identified that, in general, the downtown community does not support digital signs
within the Retail Core. Since the results of engagement did not support changes to the
existing sign by-law, staff have not made a formal recommendation to make changes and
instead provided Council with information via an information report. This means that digital
signs continue to be prohibited in the Retail Core.
In addition, while DDSS did not specifically study the issue of third -party signage it was,
nonetheless, identified as a concern by individual directors of the Downtown Business
Improvement Association, members of the Downtown Action Advisory Committee, and one
of the major downtown property owner / developer respondents as this would open up the
downtown to permit digital billboards.
Revised Sign Variance Application
In May 2021, following the DDSS, the applicant submitted a revised SVA, to allow a 6.1
metre (20 feet) by 3.05 metre (10 feet) digital sign on the Benton Street fagade of the Crowne
Plaza Hotel, at the intersection of King Street East. The sign would encroach slightly into
the Region's Benton Street right-of-way. The digital sign is proposed to include third -party
advertising. Specifically, the applicant is requesting relief from the Sign By-law, as follows:
A. Relief from the requirement that fascia signs within the Retail Core be permitted
with external downward illumination, to allow the proposed digital sign with internal
illumination.
B. Relief from the requirement that automatic changing copy on a sign be no closer
than 23 metres (75.45 feet) of a street intersection or traffic light, to allow the
proposed sign to be located approximately 1.2 metres (4 feet) from the intersection
of Benton Street & King Street East.
C. Relief from the prohibition of third -party advertising, to allow the proposed sign to
include third -party advertising.
It should be noted that while approval authority for most SVAs has been delegated to staff,
the Sign By-law states that if an application is not considered minor by staff or if staff does
not support the requested variance, it must be decided by Council. This case is the first
time that such an SVA has been considered by Council since revisions to the SVA process
in 2019.
Applicable Regulations
External Illumination
In Kitchener, the City's Sign By-law permits digital signs in several areas of the city, subject
to regulations. However, digital signs are not permitted in the Retail Core —the central area
of downtown that generally extends between Duke Street and Charles Street, and between
Francis and Cedar Streets and includes key sections of King Street West and King Street
East (see Attachment A).
While the Sign By-law does not specifically define digital signs, they are, nonetheless,
prohibited within the Retail Core by Section 680.10.18, which requires that fascia signs are
permitted with external downward illumination only (digital signs inherently project light
outward in many directions). The only exception is individual channel letters, which may be
backlit.
Automatic Changing Copy
Digital signs are permitted in other areas outside the Retail Core and throughout the balance
of the city, generally, except for residential areas. In these areas, digital signs are regulated
because they include what the Sign By-law terms Automatic Changing Copy (ACC), which
is defined as "copy or images on a sign, shown by any electronic means, and which may or
may not change..." For example:
• A sign that includes ACC must be set back 23 metres from intersections, and 100
metres from residentially zoned properties,
• The ACC component of a ground supported sign is limited to a percentage of the sign
face,
• Text and images must be static for a minimum of 6 seconds and hours of operation
are specified, and
• Third -party signs or advertising are prohibited.
Prominent ACC examples in downtown, but outside the Retail Core, include the ground
supported digital signs at The Galleria building at Weber / Frederick and the Downtown
Community Centre at Weber / Ontario. The ground supported digital sign at St. Andrew's
Church at Weber / Queen is an example that is located near, but outside of the downtown
boundary.
Third -Party Signs
Non -accessory signs, also known as third -party signs (i.e., those in which the copy does not
relate to the lot upon which the sign is located), are not permitted anywhere within the Retail
Core, except in the form of Video Projection Signs (i.e., signs where images are projected
from an external source by electronic means onto a building or surface). Outside of
downtown, third -party signs are permitted only in specific areas (Industrial, Business Park,
Arterial Commercial, and Commercial Campus zones only), and only as billboards and
Video Projection Signs.
Planning Analysis
General Concern with Proliferation of Digital Signs
Planning staff has several concerns with the requested SVA. As aforementioned, the DDSS
identified that, in general, it is the preference of the downtown community to not allow digital
signs within the Retail Core. In this regard, it must be noted that if Council approves the
subject SVA it will be challenging to prevent the proliferation of digital signs within the Retail
Core, since a precedent would be established.
Apart from the downtown community's preference, Planning staff has several concerns
regarding the unmitigated proliferation of digital signs in the Retail Core. In general, digital
signs may have negative impacts, for example:
• Impacts on businesses. Other business owners may be compelled to acquire
expensive digital signs to `keep up' / compete with businesses that possess digital
signs.
• Impacts on downtown character and aesthetics. Digital signs may negatively impact
the quality and charm of downtown and the kind of vibrancy the City is seeking.
Unplanned placement and proliferation of digital signs may exacerbate this issue.
• Impacts on downtown residents. Residents may be negatively impacted as result of
the brightness and intensity of digital signs and more residents may be affected
because of the higher residential density in downtown (including future
development).
• Impacts on traffic. More study is required to determine potential for conflicts between
drivers, cyclists, and pedestrians resulting from distractions associated with digital
signs.
These impacts are potentially exacerbated by third -party advertising, which, in this case, the
SVA is requesting. The content of third party advertising, generally, is not regulated by the
City.
While Video Projection Signs are permitted within the Retail Core, digital signs are not
permitted. Unlike Video Projection Signs (VPS) which are visible only during evening hours,
digital signs are always visible (day and night) and brighter with light projected outward from
them. In addition, VPS are much less likely than digital signs to proliferate within the Retail
Core because of the highly specific circumstances needed for their viability (e.g., long-term
cooperation of the owner of a strategically located property for the placement of a
projector). Accordingly, digital signs have a greater reach and potential for negative impacts
than VPSs.
Specific Concerns with Subject Sign Variance Application:
Planning staff is primarily concerned with the potential for the proliferation of digital signs
throughout the Retail Core as a result of the precedent set by the subject application.
However, Planning staff also has specific concerns with the subject SVA, including negative
impacts on downtown character and aesthetics, and negative impacts on downtown
businesses, as well as the following.
Size and Location
The proposed digital sign is 200 square feet (18.6 sq.m) in area. For context, the proposed
sign would be the same area and dimensions as the digital signs on the south side of Victoria
Street North, opposite the intersection of Shirley Drive (near the bridge over the Grand
River). However, a difference is that the signs on Victoria Street are set back 23 metres (75
feet) from the road surface, whereas the proposed sign will have no setback to the public
realm.
Furthermore, the proposed sign would be located at the very heart of downtown, which many
consider to be King Street and its immediate side -streets. Visually, a digital sign of this size
at such a prominent intersection will be highly visible and dominate the view looking
southeast down King Street.
Light Pollution
The City has several Official Plan policies which speak to the issue of lighting practices,
including policy 6.C.3.6, that "The City will use and promote the use of responsible lighting
practices that eliminate or reduce light pollution and glare and restore unobscured views of
the night sky, while maintaining sufficient light levels for a safe built environment." It should
be noted that light pollution (such as light trespass or glare) is considered an "adverse
impact".
At present, the City's By-law Enforcement Division does not have the capability or resources
to monitor brightness levels of digital signs in the few areas of the city where they are
permitted. Planning staff is concerned that the proposed sign may generate light pollution
and may emit light levels that are uncomfortable to community members who live, work, and
play downtown.
Public Realm
The main viewing audience for the proposed digital sign would be pedestrians, cyclists, and
motorists in the public realm. The City has a responsibility to design streetscapes with the
public interest in mind. Invasive advertising is typically not compatible with the City's desire
to create a high-quality urban environment that supports public life.
Community Benefit
Planning staff is concerned that little or no public benefit is achieved through the proposed
sign and that for-profit, third -party advertising may become the primary purpose of the sign,
especially given the significant purchase and installation costs.
Sign content that has value to the public may include community information, art, wayfinding.
However, as mentioned above, the City does not have the authority to regulate third party
sign content, so there is no way to ensure the sign will benefit the community or the
streetscape.
While the location, size and orientation of this proposed sign may have minimal present-day
impacts on surrounding residential units because no residential units currently face the
proposed sign, residents of future developments may be affected by invasive artificial light
generated from the sign, which would negatively impact resident quality of life.
In summary, there are a number of factors that staff have concerns with:
• the large size of the proposed digital sign,
• the locational prominence at a major intersection in the heart of downtown,
• the lack of setback to the public realm,
• the request for third -party advertising, and the City's inability to regulate third -party
sign content, and
• establishing, essentially, a digital billboard sign — which the City does not permit as -
of -right anywhere within its limits. It should be noted that regular billboards (i.e., those
without a digital component) are only permitted in Industrial and Business Park
zones, with certain exceptions (i.e., Huron Business Park, Bridgeport Business Park,
and Lancaster Corporate Centre).
Considering the above comments, Planning staff recommends that the subject application
be refused.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — On June 8, 2021 the SVA was circulated for comment to internal departments,
external agencies, property owners within 120 metres of the subject lands, the directors of
the Downtown Business Improvement Association, and members of the Downtown Action
Advisory Committee. Written responses from the community are attached as Attachment
C.
Summarized comments are as follows:
Community Comments:
The SVA was circulated to all property owners within 120 metres of the subject property, the
directors of the Downtown Business Improvement Association, and members of the
Downtown Action Advisory Committee. Four comments were received, with three
comments expressing concerns (see Attachment C).
Department and Agency Comments:
Heritage Planning.-
The
lanning:The property municipally addressed as 105 King Street East is not designated or listed under
the Ontario Heritage Act. However, the property is adjacent to the following heritage
properties:
• 137-147 King Street East (Part IV designated property)
• 69 King Street East (listed)
The property is also located adjacent to the Downtown Cultural Heritage Landscape. Based
on the location of the proposed sign, and that the subject property is not listed or designated,
a heritage permit application and/or additional heritage studies are not required. Heritage
planning staff has no concerns.
Transportation Services.-
Transportation
ervices:Transportation Services offers the following comments for the variances:
A. Relief from Section 680.3.29 and 680.10.17 — no concerns with the location of the
sign. However, what are the hours of operation of the sign going to be, for example
8am to 11 pm? Also, what will the light intensity be during day/dark hours of
operation?
B. Relief from Section 680.3.32 — no concerns
C. Relief from Section 680.10.18 — no concerns
By -Law Enforcement.-
No
nforcement:No concerns from a by-law perspective provided the change and copy meets the bylaw
requirements and isn't distracting to drivers.
Building Division.-
Building
ivision:Building Division sees no issues with the proposed sign variance. As known, a sign permit
will be required for the new sign [Planning Division note: through the sign permit process, a
structural engineer would review how the sign will be secured to the wall face].
Region of Waterloo (Corridor Planning).-
The
lanning):The proposed sign will encroach into the Regional road right-of-way. Therefore, an
encroachment agreement will be required with the Region of Waterloo for the proposed sign
on the wall facing Benton Street (RR #06).
Kitchener -Wilmot Hydro:
KWHI has no objections to the Sign Variance for 105 King Street East in Kitchener.
This matter was advertised in The Record on July 23, 2021 in accordance with City policy
(see Attachment B). This report will be posted to the City's website with the agenda in
advance of the Planning and Strategic Initiatives Committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• Chapter 680 (Sign By-law) of the Municipal Code
• DSD -2021-90 Downtown Digital Sign Study
APPROVED BY: Readman, Justin - General Manager, Development Services
ATTACHMENTS:
Attachment A — Retail Core Boundary Map
Attachment B — Public Notice Advertisement
Attachment C — Community Comments
Advertised in The Record on July 23, 2021
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED AMENDMENT TO CHAPTER 680 OF THE MUNICIPAL CODE (SIGN BY-LAW)
TAKE NOTICE THAT the Planning and Strategic Initiatives Committee for the City of Kitchener
will meet electronically Monday August 9. 2021 for the purpose of hearing a sign variance
application to amend Chapter 680 (Signs) of the City of Kitchener Municipal Code. Due to COVID-19,
City Hall is currently open by appointment only, anyone interested in participating in the electronic
meeting can register at www.kitchener.ca/delegation. Please note this electronic meeting is a public
meeting and will be recorded. The live -stream is available at www. Kitchener. ca/watchnow
105 King Street East (Crowne Plaza Hotel)
If approved, the application would amend the Sign By-law to facilitate the placement of a fascia sign
with internal illumination and Automatic Changing Copy (i.e., a digital sign) on the upper levels of the
Crown Plaza Hotel, facing Benton Street, near the intersection with King Street East. The sign is
proposed to be 6.1 metres (20 feet) wide by 3.05 metres (10 feet) tall. In addition, the proposed sign
would be a non -accessory / third -party sign — one in which the content does not necessarily relate to
the property or business upon which the sign is located. The proposed sign would replace an existing
fascia sign (non -digital) that advertises the hotel / restaurant.
ADDITIONAL INFORMATION is available at www.kitchener.ca by viewing the Planning and Strategic
Initiatives Committee meeting agenda, which will be published on the Calendar of events on July 30,
2021 or by calling the City Staff noted below.
Andrew Pinnell,
Senior Planner
519-741-2200 x 7668 (TTY: 1-866-969-9994);
and rew.pin nell(a)kitchener.ca
Andrew Pinnell
From: Craig Beattie <cbeattie@perimeterdevelopment.com>
Sent: Sunday, June 27, 2021 1:15 PM
To: Andrew Pinnell
Cc: Berry Vrbanovic; Debbie Chapman; Sarah Marsh (sarah@sarahmarsh.ca); Scott Davey, Bil
loannidis; Dave Schnider, John Gazzola; Christine Michaud; Kelly Gal loway-Sea lock; Paul
Singh; margaret Johnson@kitchener.ca; Dan Chapman; Rosa Bustamante; Janine
Oosterveld
Subject: [EXTERNAL] Downtown Digital Sign Study
Importance: High
Hi Andrew. My apologies for delayed comments on the downtown digital sign study that you have been working on.
Between some important work related deadlines and some time off with family, I've been a bit compressed for time
lately. Have CC'd mayor and council for ease of circulation and important 'big picture' nature of this item.
I've reviewed your work on this matter and fully support staff recommendation that there be NO changes to the sign by-
law to permit digital signs in the retail area of downtown. Personally, digital signs really only have a place in select
locations that have been designed to accommodate same and play a role in the 'tourist' nature of the location, ie Times
Square in NYC and Yonge/Dundas Square in Toronto to a lesser extent. Both examples are in the heart of cities with
populations in the many millions and which draw millions of tourists a year. Downtown Kitchener is not comparable nor
should we desire to be compared to these examples.
As our city grows up and becomes more dense with a greater proportion of smaller condos and apartments, there needs
to be a doubling down and greater effort made on the public realm and urban design to authentically make downtown
Kitchener a real livable area. The more successful we are on these fronts, the more dwellers of these units will get out
and support their city. Leaders need to show pride and respect for their City and the addition of digital signs, most of
which subject to 3'd party advertising (how else are they paid for) does nothing to advance / improve the livability of
downtown Kitchener. These 'digital signs' are simply the modern day version of the old school Pattison billboards that
we've thankfully been removing from the landscape downtown. Improved sales for existing businesses and attracting
new businesses happens when the core is more livable and inviting for residents of the core and from the broader City
to come and explore and feels good to be in. That is the canvas for business success.
In addition, at a time when staff resources are stretched, do not see any value in more staff time being assigned to a
matter like this. There are so many more files that need attention that can actually yield greater benefit to the City. Stay
focused on items that really make a difference.
105 Kine Street East:
While reviewing the digital sign study work, I came across the variance application for a 20' x 10' digital sign proposed
for the Benton St side of the Crowne Plaza Hotel. If this is an indication of what may come should digital signs be
permitted, I'm concerned for the direction we'd be headed. This variance should be denied. What does a sign like this
really add to the City?? Make no mistake, this is simply a building owner looking to rent their wall and derive revenue
from 3`d party advertisers looking for exposure from the passing LRT vehicles all day camouflaged under policy -speak
justification.
At a time when most all of us have a super computer in our pocket, we don't need a sign like this to tell us the time or
weather.... and from my experience, community groups are doing a great job raising awareness for their organizations
events and activities.
Bottom line, there are many other ways to enliven this blank facade and it takes the desire, creativity and effort to
accomplish. Simply 'renting' it is the path of least resistance.
Be leaders and stay focused on making the City a truly livable place. Veering off to support something like this is
completely counter-productive.
Have passion and pride in your City.
Happy to discuss further should you have any questions.
All the best.
Craig
PERIMETER
CRAIG BEATTIE, Chief Executive Officer
DIRECT LINE: 519 514 1935
MOBILE: 647 982 9123
119 King Street West, Suite 220,
Kitchener, ON, N2G 1A7
perimeterdevelooment.com
Andrew Pinnell
From: Paul Ballantyne Ag
Sent: Monday, June 28, 2021 7:13 AM
To: Andrew Pinnell; Debbie Chapman
Subject: (EXTERNAL] Crown Plaza Digital Sign
Hi Andrew and Debbie,
My name is Paul Ballantyne and i am a partner in Vanguard Developments, who along with the Woodhouse
Group are owners of 132 Queen St S. and 27 Gaukel St. These are two prominent properties in the downtown
core which we have invested significantly in to repurpose into high quality office space; which is now occupied
with high quality tech companies.
It was just brought to our attention the matter of the digital sign application on the side for the Crown Plaza
Hotel building. We strongly feel that this inclusion into the rapidly transforming area of the downtown would
be a step in the wrong direction. We already feel that the substantial increase in marijuana shops could be
detrimental to this area and a digital sign would fit this same mould.
Thank you for considering my comments on behalf of Vanguard Developments,
Paul Ballantyne, Sales Rep
RE/MAX Twin City Realty Inc
cell: 519 729 5579
paulballantyne@)remax.net
7 Always Appreciate Your Referrals"
Andrew Pinnell
From:
Sent:
To:
Subject:
Landlord of 206 King St E.
Hi Andrew,
Thu NguyenF
Tuesday, June 15, 2021 12:49 AM
Andrew Pinnell
[EXTERNAL] Variance Application - SVA2021-005
These are my comments in regards to the installation of a digital sign below.
I'm mostly concerned about the light pollution that this will cause. How will it affect surrounding residents and
occupants of the hotel to have the light from the sign glaring at them? Especially at night. How will they address this?
That's all the comments 1 have. Have a great dayl
Kind regards,
Thu
Andrew Pinnell
From:�.f
Sent:
ursday, June 10,20214:49 PM
To:
Chloe Howell
Cc:
Andrew Pinnell
Subject:
[EXTERNAL] Re: Downtown Digital Sign Study + Circulation for Comments - Sign
Variance
Thanks Chloe and Andrew.
No comment or concerns on the proposal.
From: Chloe Howell <Chloe.Howell@kitchener.ca>
Sent: June 10, 202112:17 PM
Cc: Andrew Pinnell <Andrew.Pin nell@kitchener.ca>
Subject: Downtown Digital Sign Study + Circulation for Comments - Sign Variance
Hello DAAC members,
I've been asked to share two items with you on behalf of Andrew Pinnell, a senior planner at the City of
Kitchener:
1. Downtown Digital Sign Study
a. Andrew gave a presentation to DAAC in 2020 regarding a Downtown Digital Sign Study and said
he received helpful feedback from the group. The study has been completed and a staff report
is now available, and will be considered at the Planning & Strategic Initiatives Committee on
June 14. You can view the staff report HERE
2. Circulation for Comments —Sign Variance (105 King Street East)
a. Please see attached pdf'Agency Letter' regarding a variance application at a downtown
location. As the letter states, there is opportunity for comment:
"Before this application is heard by the Planning & Strategic Initiatives Committee, a committee
of Council that will decide the subject application, we are providing an opportunity for
interested community members and department/agencies to make comments ... If you have any
comments regarding this application, please provide them by June 23, 2021. If you do not
submit written comments by the required date, we will assume you have no concerns and you
will not receive any further notice of this matter."
If you have any questions, please address them directly with Andrew, cc'd.
With thanks,
Chloe Howell I Program Assistant, Business Development I Economic Development I City of Kitchener
519-741-2200 ext. 7311 I chloe.howell@kitchener.ca