HomeMy WebLinkAboutDSD-2024-204 - Sign Bylaw Amendment Application SVA2023-009, 1495 Victoria Street North
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 17, 2024
SUBMITTED BY: Rosa Bustamante, Director of Planning and Housing Policy
519-741-2200 ext. 7319
PREPARED BY: Joanne McCallum, Coordinator of Planning and Zoning Services
519-741-2200 ext. 7075
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: April 15, 2024
REPORT NO.: DSD-2024-204
SUBJECT: Sign Bylaw Amendment Application SVA2023-009
Address: 1495 Victoria Street North
Owner: Linda J. Reinhart (Zdeno Cycle)
RECOMMENDATION:
That Sign By-law Amendment Application SVA2023-009 related to 1495 Victoria Street
North for Zdeno Cycle, for the purpose of allowing a billboard sign with automatic
changing copy to replace the existing billboard sign without automatic changing
copy, requesting the following relie
By-
A. Section 680.4.2 to allow a billboard sign in a Commercial zone, whereas the
Sign By-law does not permit billboard signs in Commercial zones;
B. Section 680.2.7 to allow a billboard sign to be located 135 metres from a
residential zone, whereas the Sign By-law requires a minimum distance of 150
metres;
C. Section 680.7.4 a) to allow a billboard sign to have a front yard setback of 2
metres and a side yard setback of 2.1 metres, whereas the Sign By-law requires
billboard signs to comply with the yard requirements as set out in the
applicable Zoning By-law being 6 metres for the front yard setback and 3
metres for the side yard setback;
D. Section 680.7.4 c) to allow a billboard sign to have a maximum area of 20.24
square metres per sign face whereas the Sign By-law has a required maximum
20 square metres; and,
E. Section 680.7.7 to allow a billboard sign to be located 215 metres from another
billboard sign, whereas the Sign By-law requires a minimum of 300 metres from
another billboard sign;
be refused.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT HIGHLIGHTS:
The purpose of this report is to make a recommendation on a Sign By-law Amendment
application to allow for the replacement of an existing billboard sign at 1495 Victoria
Street North with a digital copy billboard subject to site specific regulations. Staff are
recommending refusal.
he proposed billboard does not meet the intent of the
Sign By-law, and more specifically, is not a permitted sign type in Commercial zones
and will promote visual clutter as further described in this report.
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.
This report supports the delivery of core services.
BACKGROUND:
The Sign By-law regulates signs throughout the city. The intent of the Sign By-law is to:
authorize the appropriate size, number and location of signs to the type of activity or
use to which they pertain;
provide reasonable and appropriate means for the public to locate and identify
facilities, businesses and services without difficulty or confusion;
be compatible with their surroundings;
protect and enhance the aesthetic qualities and visual character of the city;
be consistent with planning, urban design and heritage objectives;
not create a distraction or safety hazard for the travelling public;
minimize adverse impacts on nearby properties; and,
provide businesses adequate and flexible means to identify themselves, while
recognizing that the primary function of signage is to identify rather than advertise.
In 1995, Council directed staff to update the Sign By-law to introduce more restrictive
regulations for billboard signs, resulting in the Sign By-law limiting billboard signs to
industrial / employment zones.
A sign variance application was received on December 5, 2023, for the subject property to
propose replacing the existing billboard sign containing four panels with a new digital double-
sided billboard. In the initial application, the double-sided billboard sign was proposed to be
27.8 square metres of sign area per panel. The application was evaluated by staff, and it
was determined that due to the extent of variances requested, along with the fact that
billboard signs are not a permitted sign type in a Commercial zone, the request goes beyond
the scope of a staff-delegated variance and should be brought to Council as a Sign By-law
Amendment. An amended application was received on March 28, 2024, with a reduced sign
area as discussed in this report.
REPORT:
The subject Sign By-law amendment application for 1495 Victoria Street North proposes
replacing the existing four-sided static billboard sign with a new double-sided digital billboard
sign. The digital portion of a sign is referred to as automatic changing copy in the Sign
By-law. The sign area for each of the four faces of the existing billboard sign is approximately
18.9 square metres for a total sign area of approximately 75.6 square metres. The initial
application proposed a replacement of the four-sided billboard sign with a double-sided fully
digital billboard sign, with a sign area for each side of 27.8 square metres, for a total sign
area of 55.6 square metres. The application was subsequently amended when staff notified
the applicant that a sign by-law amendment would be required with a reduced sign area
from 27.8 square metres per panel to 20.24 square metres per panel.
The application is requesting relief from the Sign By-law to:
allow a new billboard sign to be erected in a zone that does not permit billboard signs,
allow a billboard sign to be located 135 metres from a residential zone instead of the
required minimum 150 metres,
allow a billboard sign to have a front yard setback of 2 metres and a side yard setback
of 2.1 metres instead of the required minimum 6 metres and 3 metres, respectively,
allow a billboard sign to have a maximum sign area of 20.24 square metres instead
of the required maximum 20 square metres, and
allow a billboard sign to be located 215 metres from another billboard sign, instead
of the required minimum 300 metres.
The images in Figure 1 illustrate the existing billboard sign on the left and the proposed
digital billboard sign on the right, looking west along Victoria Street North. An aerial image
in Figure 2 shows the location of the proposed billboard and its proximity to Victoria Street.
Figure 1: Existing and Proposed billboard sign (from Planning Justification Report in Attachment A)
Figure 2: Aerial image showing location of proposed billboard sign (from Planning Justification Report in Attachment A)
Applicable Regulations and Planning Analysis
Official Plan
Arterial C
Urban Structure and designated Commercial. Arterial corridors are located along arterial
streets in locations that have historically developed with a range of auto-oriented and service
commercial uses. The planned function for Arterial Corridors is to provide a limited range of
service commercial uses intended to serve those traveling, predominantly by automobile,
with a limited range of land-extensive retail uses that require outdoor storage or sales.
Commercial Designation
Commercial designations are intended for areas that serve primarily a commercial function.
The objectives for lands designated for commercial use are:
to plan for a sufficient supply and range of commercial goods and services,
to encourage intensification and redevelopment of existing commercial lands,
to retain a viable commercial presence by protecting, improving, and providing
flexibility for existing commercial developments.
Urban Design
The City of Kitchener is committed to achieving a high standard of urban design,
architecture, and place-making to positively contribute to quality of life, environmental
viability, and economic vitality.
Official Plan policy 11.C.1.11 states that the City will support the character of streets through
the coordination of site, building and landscape design on and between individual sites with
the design of the street. The intent of this policy is to ensure the streetscape is visually
attractive, while being safe and functional. Arterial corridors are evolving through the
integration of multi-use trails that support active transportation.
Non-Conforming and Non-Complying Uses
The City recognizes that as policies and regulations change, there are instances of
non-conforming or non-complying uses. Where desirable, the non-conforming use may
continue to exist where it is tolerable and/or compatible with surrounding lands. Uses that
do not conform with the goals, objectives, or policies of the Official Plan, nor with the
surrounding lands, may be desirable to cease to exist.
Official Plan policy 17.E.21.1 states that any structure that was in existence prior to the
approval of the Zoning By-law and continues to be used for such purpose will be recognized
and be considered legal non-conforming. If such legal non-conforming use ceases, then the
rights derived from such uses will terminate. Official Plan policy 17.E.21.4 states that it is
the intention and expectation that legal non-conforming uses, buildings and/or structures will
eventually cease and be replaced by uses, buildings and/or structures that conform with the
intent of the Official Plan and comply with the Zoning By-law. While the policy does not
identify the Sign By-law, it reflects the Official Plan policy intent that non-conforming
structures will eventually be phased out over time.
Urban Design Manual
City-wide guidelines in the Urban Design Manual which pertain to signs include avoiding
visual clutter, while allowing for a variety of different media, font styles, colours, and design
inspirations; and, locating ground supported signs to complement the character and scale
of the area to promote an active, pedestrian-friendly environment. All signs should be
integrated into the landscape design and architectural expression of buildings.
Corridor guidelines include:
creating a safe, comfortable and attractive streetscape and pedestrian environment
that emphasizes walking, cycling and transit;
promoting development patterns that allow for high-quality future intensification;
integrating all signs into the landscape design and architecture of the site;
ensuring signs are consistent in scale and character, but are not identical;
ensuring signs do not dominate other site elements, particularly the public realm and
on-site shared spaces.
Arterial guidelines state that all signs should be integrated with the building and landscape
design.
Low-rise commercial and mixed-use building guidelines state that back-lit sign boxes,
billboards, free-standing signs and roof signs should be avoided.
Zoning By-law
The subject property is in the section of Victoria Street North that is zoned Commercial Zone
3 Arterial Commercial generally located between Lackner Boulevard and Centennial
Road. The purpose of this zone is to accommodate the retailing of bulky, space-intensive
goods, and service commercial uses.
Sign By-law
Permitted Signs by Zone
Provided all regulations are met, all sign types are permitted in Commercial zones, except
for billboard signs. The Sign By-law permits billboard signs to be located only in Employment
Zones throughout the city, including Industrial and Business Park zones.
The existing billboard was legally established prior to 1995 when the Sign By-law was
amended to limit billboard signs to Employment zones. The subject property is located in a
Commercial zone, which no longer permits billboard signs.
Corridor Analysis
There are many signs along Victoria Street North, mainly consisting of fascia signs (attached
to walls of buildings), portable signs (located near the street and requiring monthly sign
permits), ground supported signs (located near the street and only allows first-party
advertising), and legal non-conforming billboard signs (similar to ground supported signs but
allows third-party advertising).
Staff conducted an analysis of billboard signs along Victoria Street North. Victoria Street
North consists of Commercial zones, where only existing billboard signs are permitted, and
Industrial/Employment zones, where billboard signs are permitted, and sign regulations
have been met.
Prior to the 1995 Sign Bylaw changes, there were 23 billboard signs erected along Victoria
Street North. Through staff review, there are 17 billboard signs that remain: 14 billboard
signs in Commercial zones and 3billboard signs in Industrial/Employment zones.
Section 680.3.4 of the Sign By-law states that signs that will be altered substantially shall
be required to comply with all other requirements of the Sign By-law as though the sign was
being newly erected. It is expected that as redevelopment occurs or as sign structures are
no longer viable, the existing signs that do not conform to the Sign By-law will be removed.
Due to the large setbacks of the buildings along Victoria Street North that accommodate
parking lots, business owners rely on ground supported signs and portable signs which
require monthly permits, to help the public locate and identify their businesses. Many
businesses in this area are requesting automatic changing copy either on new ground
supported signs or alterations to existing ground supported signs which is permitted subject
to regulations. The Sign By-law is designed to provide businesses with adequate and flexible
means to identify themselves, their products, and their services.
It should be noted that if Council approves the request to allow this existing billboard sign to
be replaced with a new digital billboard sign, it will set a precedent for other existing legal
non-conforming billboards in Commercial zones to convert to digital copy.
Figure 3, below, shows the existing billboard at 1495 Victoria Street North as well as other
nearby existing static billboards.
Figure 3: Location of billboards along Victoria Street North
Distance from Residential Zones
The applicant is requesting a distance of 135 metres from a residential zone, whereas the
Sign By-law requires billboard signs to be located a minimum distance of 150 metres from
a residential zone. The regulation to distance billboard signs from residential zones is to
ensure residential areas are not negatively impacted by the industrial nature of billboard
signs. Staff recognize this request to be minor and acknowledge that the proposed sign is
oriented towards Victoria Street, whereas the nearest residential areas are located south of
the sign.
Location and Size Requirements
The Sign By-law restricts billboard signs to be in line with the building setbacks as set out in
the Zoning By-law. The front yard and side yard setbacks stated in the COM-3 zone are 6
metres and 3 metres, respectively. The intent of this regulation is to limit the impact that
billboard signs have on the streetscape and ensure that billboard signs do not interfere with
or overpower other ground supported signs that support businesses along the corridor.
The Sign By-law restricts the sign area for each face of a billboard sign to 20 square metres.
This size was determined to be appropriate when advertising in Employment areas
throughout the city as it is more proportional to the buildings and lot sizes typically found in
those areas.
Staff have concerns with allowing reduced setbacks for a billboard sign with automatic
changing copy as the billboard sign type is large and the digital illumination will further
negatively impact the streetscape by introducing more distraction along Victoria Street
North. The low-rise commercial guidelines discourage billboards consistent with the Sign
By-law which does not allow new billboards in commercial zones.
The proposed size, scale, digital format, and proximity to the right-of-way
overwhelms and dominates the public realm and other site elements, which is inconsistent
with the corridor design guidelines. The corridor currently includes a high number of
competing signs (ground supported, portable, billboards, etc.). The proposed digital sign
has a different user experience due to its backlit nature and changing copy compared to
traditional static billboards and freestanding signs, adding to the visual clutter/sign
competition of first-party signs along Victoria Street, which may be a distraction to drivers.
The illumination and automatic changing copy design of the sign adds visual clutter along
Victoria Street North. The reduced setbacks proposed may also limit potential development
on the subject property which is inconsistent with the corridor design guidelines.
Aside from billboard signs not being permitted in a commercial zone, the table below shows
a comparison of the requirements between a digital billboard sign, and a ground supported
sign at 1495 Victoria Street North. This comparison further illustrates the difference in scale
of billboard signs compared to ground supported signs that advertise businesses on site.
Table 1: Comparison of Billboard Signs to Ground Supported Signs
Regulation Ground Supported Sign Billboard Sign
Maximum height 5.5 metres 7.5 metres
Maximum area 12 square metres 20 square metres
Digital sign area 30% or 3.6 square metres 100% or 20 square metres
Front yard setback 0.4 metres 6 metres
The current lighting level regulations for digital signs in the Sign By-law were designed for
larger signs to be viewed only from a distance (set back farther on a property). Staff are
working towards updating these regulations to ensure lighting on signs in proximity to the
public realm are appropriate for pedestrian and multi-modal environments. Staff plan to
incorporate this work into a future Sign By-law update. Should Council choose to approve
the subject application, refined lighting standards should be considered that identify
manufacturers specifications (in a measurement called nits) and an illumination
measurement post-installation that considers various transportation modes including
pedestrians and cyclists on the multi-use trail -
of-way).
Distance from Other Billboard Signs
The Sign By-law restricts billboards from being too close to other billboards to ensure the
adequate separation between billboard signs and allow a balance with first-party ground
supported signs for businesses on-site. Billboard signs advertise businesses, uses, products
or ideas which are not located on the same lot as the billboard sign itself. The purpose of
the Sign By-law is to allow businesses to identify themselves rather than advertise. By
allowing billboard signs in proximity to one another, local businesses face the challenge of
their signs not being noticed by patrons due to the visual dominance of billboard signs. Staff
are concerned with the precedent that approval of this Sign By-law amendment will set
among the other 13 billboard signs in the commercial section of the Victoria Street North
corridor in addition to other non-complying billboards in other areas of the city.
Community, Staff and Agency Comments
The initial Sign Variance application was circulated to all property owners within 120 metres
of the subject property. Staff did not receive any comments from the public regarding the
requested variance.
Urban Design comments have been integrated into this report.
Region of Waterloo Traffic Engineering - Regional staff have concerns that any digital
display takes the pedestrian, cyclist, and driver's eye away from their path of travel and
can result in safety concerns. However, we understand that the sign in question is solely
located outside of the Region's right-of-way and falls to City jurisdiction for approval.
Conclusions
In summary, staff recommend refusal of the subject Sign By-law Amendment for the
following reasons:
Billboard signs are not permitted in a Commercial zone and do not the intent of the
Sign By-law. Additionally, billboard signs are -rise
commercial guidelines.
The scale and digital nature of the proposed billboard sign will overwhelm and
dominate the st.
The reduced setback will negatively impact the streetscape.
The sign will set a precedent for converting other non-conforming billboards to digital.
Digital signs have a more dominant user experience compared to other sign types
causing more visual sign clutter along the Victoria Street corridor which is already
experiencing sign competition through excessive signs of all types.
Should Council choose to approve this application, staff suggest the following restrictions
for the proposed digital billboard:
the luminance of the digital billboard shall not exceed 3000 nits between sunrise and
sunset, and 150 nits between sunset and sunrise;
Illuminance shall be measured with the digital screen turned off and again with the
digital screen displaying a white image. The difference between the off and white
image, measured vertically (parallel to the sign face) shall not exceed 0.3 footcandles
at any point along the street line or measured a distance of 10 metres from the sign
face from an abutting property. The digital billboard sign shall be equipped with a
sensor or other device that automatically determines the ambient illumination and
shall be programmed to automatically dim according to ambient light conditions;
the digital billboard shall comply with the required 6-metre front yard setback;
the digital billboard shall not exceed 12 square metres in sign area to be consistent
with other free-standing signs on lots with similar widthsin the commercial corridor.
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 January 9, 2024, the initial sign variance application was circulated for comment
to internal departments, external agencies, and property owners within 120 metres
of the subject lands.
in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
-
City of Kitchener Official Plan
City of Kitchener Urban Design Manual
Zoning By-law 2019-051
REVIEWED BY: Janine Oosterveld Manager, Customer Experience & Project
Management
APPROVED BY: Justin Readman General Manager, Development Services
ATTACHMENTS:
Attachment A Planning Justification Report
VIA EMAIL
March 28, 2024
Planning and Housing Policy Division
th
200 King Street W, 6 Floor
PO Box 1118
Kitchener, ON
N2G 4G7
Re: Application for Sign By-law Amendment
Replacement Third-Party Electronic Ground Sign (Billboard Sign)
1495 Victoria Street North
Kitchener, Ontario
Our File: STA/KIT/24-01
On behalf of Zelinka Priamo Ltd. is pleased to submit a Sign
By-law Amendment application for the lands known as 1495 Victoria Street North (the
Figure 1: Aerial of the subject lands
BACKGROUND
The subject lands are approximately 0.5 hectares in size, and front onto the southerly side of
Victoria Street North (Highway 7) east the intersection with Lackner Boulevard in the east-
end of Kitchener. The subject lands are developed with a 2-storey commercial building
occupied by Zdeno Cycle, a local motorcycle retailer, with surface parking at the front of the
20 Maud Street, Suite 305, Toronto, ON M5V 2M5 | 318 Wellington Road, London, ON N6C 4P4
TEL (416) 622-6064 | (519) 474-7137
Email: zp@zpplan.com
March 28, 2024
building and associated outdoor storage areas at the rear. For details, please refer to the
enclosed Site Plan.
The subject lands include a number of permitted signs, including one (1) first-party ground-
supported sign; one (1) portable (temporary) T-frame sign, and one (1) externally-illuminated
billboard sign with four (4) static copy sign faces (Figure 2). A portable T-frame sign is also
used in the front yard for messaging related to Zdeno Cycle.
Figure 2: Existing signage on the subject lands, facing east
Figure 3: Existing billboard on the subject lands, facing west
Zelinka Priamo Ltd. Page 2
March 28, 2024
he subject lands are designated
Commercial on Map 3, and front along an Arterial Corridor on Map 2. The subject lands are
zoned Commercial (COM-3) by Zoning By-law 2019-051, as amended.
As per s. 3.C.2.41 of the OP, the function of Arterial Corridors
those travelling by automobile and to accommodate a limited range of land extensive retail
The permitted land uses in Arterial Corridors which overlap with the Commercial designation
include light industrial uses (e.g., warehousing) and retail uses which are more intensive in
nature, such as those requiring large outdoor storage areas (OP s. 15.D.5.20).
Figure 4: OP Map 2 - Urban Structure (excerpt)
Figure 5: OP Map 3 - Land Use (excerpt)
Zelinka Priamo Ltd. Page 3
March 28, 2024
SURROUNDING CONTEXT
Figure 5 illustrates the surrounding land use designations as per Map 3 of the OP. The
dominant land use within the immediate area is designated Commercial, with large areas
designated for Business Park Employment and General Industrial Employment nearby.
Residential land uses are identified further south on the other side of the community trail and
are buffered from the Commercial uses by a Natural Heritage Conservation corridor.
As seen in Figure 4, the immediate Victoria Street corridor is also identified as Arterial
Corridor, and lands west of Lackner Boulevard are identified as Urban Corridor. Overlapping
areas of Urban Corridor with the Commercial are similarly permitted to be developed with
auto-oriented uses (OP s. 15.D.5.16).
The immediate Victoria Street corridor is correspondingly developed with auto-oriented
commercial and employment uses (Figure 6). These uses include:
1. Kitchener Motel
2. Tim Hortons Drive-Thru
3. Auto Dealerships (Kitchener Nissan & Tabangi Motors)
4. Building suppliers
5. Auto repair shop
6. Car wash establishment
7. Self-storage facility
8. Auto repair shop
9. Gas bar
Figure 6: Surrounding uses along Victoria Street N
An extensive range of signage, including ground-supported first- and third-party signs, are
common along the corridor for visibility due to the prevailing auto-oriented built form, which
generally provides substaintial front yard setbacks.
Zelinka Priamo Ltd. Page 4
March 28, 2024
Figure 7: Victoria Street N approx. 60 metres west of the subject lands, looking east
Figure 8: Victoria Street N approx. 330 metres east of the subject lands, looking west
Figure 9: Victoria Street N approx. 300 metres west of the subject lands, looking east
Zelinka Priamo Ltd. Page 5
March 28, 2024
PROPOSAL
The proposal is to remove and replace the existing large and aging legally permitted
externally-illuminated billboard sign with four (4) sign faces (approx. 72m² sign face area)
with a smaller, modern electronic billboard sign with two (2) sign faces (approx. 40.5m² sign
face area) in the same location and at the same height.
The details of the proposed sign are as follows:
The sign will operate between the hours of 6:00 a.m and 11:00 p.m. Outside of these
hours, the digital copy will be disabled.
The internal illumination will not exceed 3,000 nits during daytime hours, and 150 nits
during the nighttime hours while in operation, and will automatically adjust
illumination levels to be consistent with ambient conditions.
Messages will be displayed on the sign faces for no less than ten (10) seconds.
the abutting properties to the east and west.
The Proponent is open to providing the City of Kitchener advertising time, for the
purpose of displaying notices, public event advertising, and other matters related to
the public interest as may be determined through a future agreement with the City.
Figure 10: Existing versus proposed elevation (west)
Figure 11: Existing versus proposed elevation (east)
Zelinka Priamo Ltd. Page 6
March 28, 2024
REQUESTED AMENDMENT
Signage within the City of Kitchener is regulated under Chapter 680 of the Municipal Code
-his Sign By-law Amendment
application seeks relief from the following provisions of the Sign By-law:
S. 680.4.2: Permit a billboard sign with automatic changing copy (electronic,
internally illuminated), whereas the sign type is not contemplated by the Sign By-law
for Commercial zones;
S. 680.7.2: Permit a billboard sign within 140 metres of a Residential zone, whereas
150 metres is required;
S. 680.7.4(a): Permit a billboard sign to have a front yard setback of 2 metres (as per
the existing sign) and a side yard setback of 2.1 metres, whereas 6 metres and 3
metres apply respectively;
S. 680.7.4(c): Permit a maximum sign area of 20.24 square metres, whereas a
maximum of 20.00 square metres is permitted; and
S. 680.7.7: Permit a billboard sign within 215 metres of another billboard sign to the
west, whereas a minimum distance of 300 metres to other billboard signs is required.
Figure 10 and Figure 11 (above) provide a visual comparison of the existing versus proposed
site condition. It is important to note that the proposed replacement billboard sign represents
a 50% reduction in advertising sign faces, and a 56% reduction in the overall area of
advertising copy on the subject lands.
It is our opinion that the proposed sign improves upon the existing condition of the Victoria
Street North corridor, and is appropriate to consider for the reasons provided herein.
ANALYSIS
The purpose of the Sign By-law is to,
In the absence of specific provisions within the Kitchener Sign By-law that speak to
the tests to be used to the assess sign amendments applications, the following section
evaluates the proposal against typical best practice planning principles generally used for
these types of applications.
Land Use Compatibility & Impact to Adjacent Properties
As per s. 3.C.2.41 of the OP, the function of Arterial Corridors
those travelling by automobile and to accommodate a limited range of land extensive retail
replacement
billboard (being the same as the existing lawfully-permitted billboard) is therefore compatible
with the long-term planned function of the corridor by locating advertising at an appropriate
scale and location for regional vehicular traffic.
The abutting property to the west of the subject lands is occupied by the Kitchener Motel (a
Commercial use). The existing externally-illuminated billboard has been in operation for
almost 30 years with no known undue impacts to the motel use.
The vertical clearance of the existing/proposed signs assists with limiting potential light
trespass. To further limit visual impacts, the proposed digital billboard faces are to be angled
To avoid potential undue impacts to all surrounding lands, including the street, the sign will
levels as outdoor conditions change, in accordance with 680.3.31.
Zelinka Priamo Ltd. Page 7
March 28, 2024
Further, the digital sign faces are proposed to operate within a limited range of 150-3,000
nits, and will be disabled between the hours of 11:00pm-6:00am. It is noted that s. 680.3.24
of the Sign By-law, which restricts sign illumination hours, is only applicable to signs that are
adjacent to Residential zones. This voluntary limitation is proposed to further mitigate any
perceived impacts from the proposed sign.
The subject lands have a lot depth of over 100 metres and the majority of activity occurs on
the northern-most portion of the lot adjacent to Victoria Street North. The proposed sign is
further separated/buffered from the Residential land uses to the south by the existing
building and Natural Heritage Conservation corridor beyond. The existing/proposed sign
location along Victoria Street North therefore does not interface with residential uses, despite
technically being within 150 metres of a Residential zone (Figure 12).
Figure 12: City of Kitchener Zoning By-law 2019-051 Map (excerpt)
Character & Public Realm
The immediate area along the corridor is developed with commercial / light industrial uses,
with surface parking areas generally separating buildings from the street. As per the Official
Plan, the planned function of the immediate area along Victoria Street North is to provide for
regional-serving, auto-oriented commercial and light industrial uses. The location of the
proposed billboard replacement, which is the same as the existing billboard, is therefore
appropriate to consider.
Through our contextual review, it is noted that there are a number of existing billboard signs
along this portion of Victoria Street North. Sign By-law s. 680.7.7 generally requires that at
least 300 metres be provided between billboard signs. An amendment is required because
the replacement billboard sign is located within 215 metres of the nearest billboard sign,
which is located to the west (Figure 13).
Zelinka Priamo Ltd. Page 8
March 28, 2024
Figure 13: Existing billboard signs within 300 metres
The proposed smaller billboard is to be located in the same location and at the same height
as the existing sign on the subject lands, which has been installed for almost 30 years. The
proposal therefore does not alter the character of the subject lands or surrounding
commercial/light industrial corridor, which prominently features a variety of first- and third-
party advertising along the right-of-way.
The dimensions of the proposed sign improve upon the existing condition by reducing the
number of advertising sign faces, as well as the overall area of advertising copy and size of
the supporting structure. The proposed replacement therefore reduces visual clutter along
Victoria Street North, as demonstrated by the enclosed Elevations. The requested relief to
permit an additional sign face area of 0.24 square metres is a result of the proto-typical
nature of the proposed sign, and is numerically minor. It is important to note that in terms of
overall size, the proposed sign provides a significant reduction in the overall advertising copy
currently on-site.
Illumination
As described above, the proposed internal illumination will not exceed 3,000 nits during
daytime hours, and 150 nits during nighttime hours. The sign will be equipped with an
conditions and seasons change. Further, the sign will not operate between the hours of
10:00 p.m. and 6:00 a.m. The proposed illumination method will be confirmed and certified
by a Lighting Engineer following installation, to the satisfaction of the City.
Public Safety
The proposed sign is to be located in the same location and at the same height as the
existing and much larger externally-illuminated billboard sign, which has been installed for
almost 30 years with no known traffic safety concerns.
The proposed location complies with the automatic changing copy setback requirements
provided by s. 680.3.29, being setback over 80 metres from the nearest intersection,
Zelinka Priamo Ltd. Page 9
March 28, 2024
whereas a minimum of 23 metres is generally required to limit visual distractions to drivers at
major intersections.
Further to vehicular safety, the proposed message duration of the automatic changing copy
is to be no less than ten (10) seconds, in accordance with s. 680.3.30 of the Sign By-law,
which requires messages to be displayed for at least six (6) seconds. The sign faces are to
contain static copy, meaning no flashing or moving images will be displayed on the proposed
sign faces, limiting potential visual distractions for all road users in accordance with s.
680.3.29.
The proposed sign would be designed and installed by a professional sign company and in
accordance with the Ontario Building Code, and as such, no undue issues related to public
safety are anticipated. Further, the proposed ground sign is designed with sufficient vertical
clearance, in accordance with s. 680.7.4(b), to ensure pedestrian safety is not impacted.
Public Interest
The regulations of the Sign By-law serve to protect public safety, minimize sign clutter, and
enhance the streetscape by encouraging a consistent and compatible approach to signage.
It is our opinion that the proposed replacement sign, which reduces both the number of sign
faces and the overall advertising copy area, is in the public interest as it serves to improve
the appearance of the streetscape.
The four (4) existing sign faces, which use paper and glue advertising copy, are susceptible
to damage from the elements, as seen in Figure 2, which can affect adjacent lands with
debris, and disrupts the primary commercial use on the subject lands while replacing
advertising copy. The proposed digital sign faces will not require any physical intervention
beyond routine maintenance activities. From a practical standpoint, the proposal to replace
the existing static copy type on the subject lands to electronic static copy is reflective of
modern advertising standards.
The Proponent is amenable to discussions about providing advertising opportunities to the
City of Kitchener for public messaging. The ability to display messages on a well-travelled
regional corridor to advertise public engagement opportunities, events, road closures, and/or
health and safety messages would provide a significant benefit to the public.
ELECTRONICSUBMISSION PACKAGE
The following materials are enclosed by digital submission:
Completed Sign By-law Amendment Application form, including agent authorization;
Site Plan, dated March 2024; and
Basic Elevations.
Note that the fee difference of $2,153.00 will be paid by credit card over the phone.
We trust that the enclosed information is complete and satisfactory. Should you have any
questions, or require further information, please do not hesitate to call.
Yours very truly,
ZELINKA PRIAMO LTD.
Azar Davis, BURPl, CPT
Intermediate Planner
cc: The Owner (via email)
Zelinka Priamo Ltd. Page 10
OF
RP 58R-17251 PT 1
SITE PLAN
PT LT 123 GERMAN COMPANY TRACT
OF
RP 58R-17251 PT 1
SITE PLAN
PT LT 123 GERMAN COMPANY TRACT