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HomeMy WebLinkAboutDSD-2021-163 - Follow-up Regarding Sign Variance Application SVA2021-005 - 105 King St. E.i Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Council DATE OF MEETING: August 23, 2021 SUBMITTED BY: Bustamante, Rosa, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: August 19, 2021 REPORT NO.: DSD -2021-163 SUBJECT: Follow-up Regarding Sign Variance Application SVA2021-005 Address: 105 King Street East (Crowne Plaza Hotel) Owner: Vista Waterloo Limited Partnership RECOMMENDATION: For Information. REPORT HIGHLIGHTS: • The purpose of this report is to report back to Council on matters discussed at the August 9, 2021 Planning & Strategic Initiatives Committee meeting. • Key findings of this report are the options for conditions that were developed in consultation with the applicant. • There are no financial implications resulting from this application. • This report supports the delivery of core services. BACKGROUND: At the August 9, 2021 Planning & Strategic Initiatives Committee meeting, the Committee referred the subject Sign Variance Application to the August 23, 2021 Council meeting and directed staff to work with the applicant to prepare options for conditions related to: 1) hours of operation for the digital sign, 2) brightness standards for the digital sign, and 3) third -party signage. Regarding third -party signage, the Committee requested options for two scenarios: a) no third -party signage and b) limited third -party signage (limited to downtown businesses and events only). Planning staff met with the applicant and owner on August 13th and August 18th to discuss this matter. REPORT: The recommendation to refuse the sign variance application, provided by Planning staff at the August 9, 2021 Planning & Strategic Initiatives Committee meeting remains unchanged. However, Planning staff worked with the applicant since this time to provide the below follow- up information and options for conditions, at the request of the Committee. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. If Council makes a decision to support the proposed sign, Planning staff will prepare a by- law for Council's consideration at the September 20, 2021 Council meeting. The applicant has noted that this timing is acceptable. Hours of Operation In recent variance approvals for digital signs located outside of the Retail Core, Planning staff has implemented a condition that signs be turned off between the hours of 11:OOpm and 6:OOam. Planning staff discussed hours of operation for the digital sign with the applicant. The applicant advised that the sign can be programmed to enter "sleep mode", which transitions the sign to a black screen. The applicant is agreeable to a condition that the sign enter into a black screen sleep mode between 11:OOpm and 6:OOam. Brightness Regulations Section 680.3.31 of the City's Sign By-law provides illumination regulations for Automatic Changing Copy signs (including digital signs) outside of a downtown context since digital signs are not permitted in the Retail Core. Based on staff's research, the current regulations are not aligned with the trend that other municipalities are now taking in Ontario to regulate brightness. Accordingly, Planning staff reached out to the digital sign industry and other municipalities for guidance. The City of Toronto, City of London, and City of Greater Sudbury currently use the following regulations for brightness levels of digital signs: • The illumination shall not exceed 5,000 nits during the period between sunrise and sunset; and • The illumination shall not exceed 300 nits during the period between sunset and sunrise. A nit is a unit of intensity of light emitted from a surface, such as a digital sign. These regulations appear to be trending in other Ontario municipalities. Staff may consider updating Kitchener's by-laws to reflect this trend at some point in the future. Should Council choose to support the requested sign, the above noted lighting levels should be incorporated into the sign by-law amendment, as they represent a simple and effective way to regulate digital sign brightness, should By-law Enforcement staff acquire the necessary equipment to do so. Third -Party Signage Planning staff discussed the matter of third -party signage with Legal Services staff, and separately with the applicant and owner. Should the Council decide to permit third -party signage without limits, it can do so by approving the variance as requested by the applicant. It is the opinion of Legal Services staff that there is no legal mechanism to limit third -party advertising to downtown businesses and events only, should Council choose to permit third party advertising. Notwithstanding, the applicant has prepared a letter addressed to City Council, outlining his intentions regarding third -party signage (see Attachment A). This letter represents the applicant's goodwill in this matter and explains that he intends to only allow advertising for downtown businesses and events. However, it should be noted that this letter is not enforceable and commitments communicated therein cannot be secured via a condition or by-law amendment. Conclusion In summary, while staff is not in support of the subject sign variance application, if Council chooses to approve the sign variance application, Planning staff suggest that the following minimum conditions be required (the applicant is in agreement with these conditions): 1. That the Owner shall ensure that the digital sign be entered into a black screen sleep mode or turned off between the hours of 11:OOpm and 6:OOam, 7 days per week. 2. That the illumination of the proposed digital sign shall not exceed 5,000 nits during the period between sunrise and sunset. 3. That the illumination of the proposed digital sign shall not exceed 300 nits during the period between sunset and sunrise. In addition to the above conditions, it should be noted that a sign permit will be required from the Planning Division and that an encroachment agreement with the Region will be part of this permit review process. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget and no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Council meeting. CONSULT — Planning staff consulted with the applicant and owner on August 13th and August 18th PREVIOUS REPORTS/AUTHORITIES: • DSD -2021-122 - Sign Variance Application SVA2021-005 • DSD -2021-090 — Downtown Digital Sign Study • Chapter 680 (Sign By-law) of the Municipal Code APPROVED BY: Margaret Love — Acting General Manager, Development Services ATTACHMENTS: Attachment A — Applicant's Letter to Mayor and Council -Ul VISTA HOSPITALITY CANADIAN OFFICE: 105 King Street East Kitchener, ON N2G 2K8 (at the Crowne Plana Hotel) TEL: (519) 744-4400 FAX: (519) 744-5500 AMERICAN OFFICE: (OPERATIONS GROUP) 2-3 Hawley Street Binghamton, New York 13901 (at the Holiday Inn Arena) TEL: (607) 722-1212 FAX:(607)722-2006 Please Respond to the Canadian Office 18" March 2021 Mayor Berry Vrbanovic City Hall 200 King Street West, 2nd Floor Kitchener, ON N2G 4G7 un To All the Distinguished Members of the Council c.c.: Andrew, Pinnell, Senior Planner, City of Kitchener Re: Sign Variance Application SVA2021-005 Address: 105 King Street East (Crowne Plaza Motel) Owner: Vista waterloo Limited Partnership Dear Mayor Vrbanovic & Distinguished Members of the Council: To begin with I would like to thank you on behalf of the Vista Group as well as myself for allocating and allowing us the time and opportunity to meet with you through a virtual Council Meeting on Monday August 9, 2021 in the evening. We are grateful for the opportunity and deferring this matter for further evaluation. As you are aware the Crowne Plaza is an iconic property in the downtown core fronting Benton and King Street with the parking lot extending all the way to Eby Street. We have owned this property for many years previously and currently as well. Just by way of background, the Crowne Plaza employed 105 staff pre-covid. Currently due to the downfall in hospitality and tourism, we are employing approximately 42-45 people. We are ramping up however and hope that we can reach the pre-covid numbers in the next year. The revenue that the Crowne Plaza derives from its income is taxable revenue and the more it does the more taxation it can collect. During our Council Meeting on Monday August 91h 2021, 3 issues were identified with respect to our request for a digital board. These are: MIEBPAGE unew.z)istalzospitalitil.cont 1. Brightness Standards. 2. Hours of Operation. 3. Third Party Advertising. Brightness Standard Regarding this standard, research is being done and clearly will require further input from the technicians or engineers designing the sign. However, be certain that the brightness standards can be adjusted either through sensors or a computer program " and we will make sure that those standards meet with the City's requirements. We are currently engaged with City staff regarding a review of contemporary standards in municipal sign by-laws for regulating lighting levels for digital signs. Hours of Operation As we have indicated to Council, we are amenable to regulating the hours of operation. Based on standards of other municipalities, we commit that from 11 p.m. -to 6 a.m. the digital sign will be non-functional _and non -illuminating. The sign "Shutdown" is achieved through a sleep mode option within the sign software whereby the screen will transition to black screen at its preset times based on city criteria. The digital sign could be completely powered off, provided it is not detrimental to the sign's functionality for the following day. However, in effect this offers no change in the non-functional status. Third Party Advertising In this category Council directed to explore 2 different scenarios regarding Third Party Advertising. Scenario 1: Third party signage which would allow us to advertise only in the downtown businesses and events; and, cenario 2: Where there would be no Third - Party signage allowed. Scenario 1: As presented to the Council on August 9t", we already have an approval identified as Application SG2010-026 that has granted us relief from the City's sign by-law and to permit the projector and to allow a non-accessoiy (third party) signage. While this approval of third -party signage on the projector allows us to project any and all third party signages, we are not interested in national advertising (i.e., McDonalds, Nike etc.). Our intent and desire are purely to enhance the revenue of the Businesses within the City of Kitchener's parameters within the downtown core. We are agreeable to only advertise the businesses that so desire within the Downtown Kitchener as identified by those lands within the D1 through D7 zones (see Attachment 1). This boundary 2 captures the commercial business that make up Downtown Kitchener as well as City and community -affiliated functions, such as the Kitchener Farmers Market, Kitchener Public Library, Centre in the Square, and Kitchener Museum. The reasoning that we are providing is that businesses within the Downtown Kitchener signify restaurants, entertainment, services and other types of venues that are very inviting and can be displayed very readily on our board. We believe that this will create a significant fit and increase revenue for all concerned, especially in light of the fact that many of these are the very businesses that have been hurt during the ION construction and devastated during Covid. Based on the above, we anticipate that the Crowne Plaza Hotel will use 50%-55% of the board's capacity and the balance of the time can be devoted for the BIA, the City of Kitchener and of course the downtown businesses. At the Crowne Plaza the intent is to bring many more gatherings and weddings, ethnic and otherwise, with the new comers settling in the Waterloo Region. We are also proposing that the downtown businesses will get its first year as free advertising not to exceed for a period of approximately 2 months for each business in rotation and the business will only pay the cost of the production for the ads. That cost is a flow through cost to the graphics designers (amounting rom $175 to $250 dollars). The designing of the graphics and the ads as mentioned are purely a flow through and do not contribute as a cost of the board. It is our desire that subsequent to the 1 year that we charge a minimal amount to cover a partial cost of the digital board which will be amortized over a 5 -10 -year period. Clearly the Crowne Plaza Hotel will be responsible for 50% of the sign's operating cost whereas the balance of the income would be generated through this third -party advertising after year 1. We are limiting ourselves to the attached BIA zone only and for the benefit of Downtown Kitchener. We truly believe that with the influx of various new people arriving in the City of Kitchener/Waterloo Region, and not having familiarity with the downtown core, this board with the various ads, will only induce people to come and visit downtown once they drive past through this board. It will allow more concentration within the core of the new comers to utilize all the facilities within the core hence generate more revenue for the City of Kitchener and, potentially, flourish the downtown businesses. Scenario 2: No Third -Party Signage While Council has the ability to approve or refuse our request for third -party signage, I would simply ask that that not be done since we already have the ability to do third - party signage based on the projector screen. What we are trying to achieve is the ability to market all of the downtown businesses. The cost of the proposed digital sign does not justify to be only utilized for the Crowne Plaza Hotel. 3 The above are the answers to the matters raised at Council's meeting on August 9"' 2021. We trust the above is acceptable. Th y u, Amin S. 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