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HomeMy WebLinkAboutAdjustment - 2007-08-21 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD AUGUST 21, 2007 MEMBERS PRESENT: OFFICIALS PRESENT: Messrs. D. Cybalski, M. Hiscott & Ms. C. Balcerczyk Ms. J. von Westerholt, Senior Planner, Mr. R. Parent, Traffic & Parking Analyst, Ms. D. Gilchrist, Secretary-Treasurer, Ms. T. Kraemer, Assistant Secretary-Treasurer. Mr. D. Cybalski, Chair, called this meeting to order at 10:26 a.m. This meeting of the Committee of Adjustment sitting as a Standing Committee of City Council was called to consider applications regarding variances to the City of Kitchener Sign By-law. The Committee will not make a decision on these applications but rather will make a recommendation which will be forwarded to the Committee of the Whole and Council for final decision. The Chair explained that the Committee's decisions with respect to sign variances are recommendations to City Council and not a final decision. He advised that the Committee's recommendations will be forwarded to City Council on Monday, September 17, 2007, at 7:00 p.m., and the applicants may register with the City Clerk to appear at the meeting if desired. NEW BUSINESS 1. Submission No.: SG 2007-009 Applicant: Conestoga College Property Location: 299 Doon Valley Drive Legal Description: Part dot 10, Beasley's Old Survey & Part of Biehn's Unnumbered Tract, being Parts 7, 8 & 9 Reference Plan 58R-6758 Appearances: In Support: R. Smith Contra: None Written Submissions: None The Committee was advised that the applicant requests permission to erect a pylon sign to have a height of 9m (29.52') rather than the permitted 7.5m (24.6'), an area of 32 sq. m. (344.45 sq. ft.) rather than the permitted 20 sq. m. (215.28 sq. ft.), to have skirts on the pole structure, within the required sign clearance. The Committee considered the report of the Development and Technical Services Department, dated August 8, 2007, in which they advise that the subject property is located at the northeast corner of the intersection of Homer Watson Road and Highway 401. This property is zoned Major Institutional Three ~I-3) and designated as Major Institutional in the Municipal Plan. The applicant intends to install a pylon sign with the college logo and LED signbox that is geared towards the highway traveling public. It is proposed to be located at the easterly portion of the property adjacent to Highway 401 and will only be visible from the highway and on the back of college property. Since the subject sign is located in the proximity of a highway, the sign has to obtain a sign permit from the Ministry of Transportation (MTO) By-laws. As such, the applicant is requesting the following sign variances: 1. sign height of 9 metres whereas s17.4 of the Sign By-law requires a maximum height of 7.5 metres 2. sign area of 32 square metres whereas s17.5 of the Sign By-law 2005-194 requires a maximum sign area of 20 square metres, COMMITTEE OF ADJUSTMENT 19 AUGUST 21, 2007 1. Submission No.: SG 2007-009 (Cont'd) 3. construction of cladding around the structural posts whereas s17.8 of the Sign By-law requires pylon signs to remain clear from any obstruction except for the required structural support Since the sign is approximately located 350 metres away from the nearest residential areas, the variance will not likely result in any adverse impact on the adjacent properties, and therefore it is minor in nature. Further, additional identification to the College is appropriate for the development and use of the land. The requirements of the City Sign By-law 2005-194 is designed and intended to be used in urban streetscapes. In this case, the proposed sign location is removed from City streets and is predominantly intended to gain highway exposure. As such, Planning Staff recognized the nature of this application and offer the following comments with regard to the By-law. Firstly, due to existing trees on site and visibility issues to get exposure to 6-lane traffic, the owner intends to place the sign below the grade of the highway and therefore requests for the height increase from 7.5 metres to 9 metres. According to the MTO, a sign structure exceeding 8m in height requires structural drawings with a stamp of approval by a professional engineer as set out in the Ontario Building Code. Also, the signlstructure must be placed a minimum of 3 metres back from the highway property line, instead of the proposed 2.5 metres setback. Planning staff feel that the 1.2 metre grade difference is not significant and will not appear to be excessive where further setback from the highway will have less visual impact to the traffic. As such, staff are in support of the first variance, subject to the condition that the applicant fulfils requirements from the MTO. Secondly, to maintain consistent design configurations of the institution, the proposed sign will require a large panel of 30 square metres rather than the required 20 square metres. The extra sign size is non-illuminated and is only intended to accommodate the design configurations. Given that the total illuminated signage area (including the letters, logo and QED sign) is only 13 square metres, Planning Staff are of the opinion that the proposed design is not overwhelmingly massive in size and are in support of the second variance. Thirdly, to accommodate the battery storage for the potential solar power capabilities, the applicant requests to install additional metal cladding around the posts, as opposed to the required clearance other than structural support according to the Sign By-law. In fact, the proposed design features aluminum casing wrapping around the two structural poles without any protruding obstructions, while maintaining a 4 metre opening between the poles. As such, staff believe that the cladding design will not undermine public safety, and support the last variance. Based on the foregoing, Planning Staff recommends that the application as submitted be approved with conditions. The Committee considered the report of the Region's Transportation Planner, dated August 1, 2007, in with he advises that they have no concerns with this application. The Committee considered the comments of the Ministry of Transportation, dated August 13, 2007, in which they state that the Ministry has reviewed the application and advise that a sign permit from the Ministry of Transportation is required prior to sign installation. A sign structure exceeding 8m in height requires structural drawings with a stamp of approval by a professional engineer as set out in the Ontario Building Code. The sign/structure must be placed a minimum of 3m back from the highway property line, not the 2.5m as shown on the submitted drawing. Mr. Smith advised that the College is aware they must obtain Ministry of Transportation approval before erecting this sign. COMMITTEE OF ADJUSTMENT 20 AUGUST 21, 2007 1. Submission No.: SG 2007-009 (Cont'd) Moved by Mr. M. Hiscott Seconded by Ms. C. Balcerczyk That the application of Conestoga College requesting permission to erect a pylon sign to have a height of 9m (29.52') rather than the permitted 7.5m X24.6'), an area of 32 sq. m. (344.45 sq. ft.) rather than the permitted 20 sq. m. (215.28 sq. ft.), to have skirts on the pole structure, within the required sign clearance, on Part dot 10, Beasley's Old Survey & Part of Biehn's Unnumbered Tract, being Parts 7, 8 & 9 Reference Plan 58R-6758, 299 Doon Valley Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain all necessary approvals from the Ministry of Transportation. 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. 3. The general intent and purpose of the City of Kitchener Sign By-law is being maintained on the subject properly. Carried 2. Submission No.: Applicant: Property location: Legal Description: Appearances: In Support: SG 2007-010 GPM Managed Investments Inc. 100 Sportsworld Drive Part dots 8 & 9, Beasley's Broken Front Concession N. Horne Contra: None Written Submissions: None The Committee was advised that the applicant requests permission for 2 fascia signs to cover 100% of the walls on which they will be located rather than the permitted 30%. The Committee considered the report of the Development and Technical Services Department, dated August 14, 2007, in which they advise that the subject property, municipally known as 100 Sportsworld Drive, is located at the intersection of King Street East and Sportsworld Drive, and extends to where Sportsworld Drive and the Highway 8 interchange meet. The subject lands are zoned C-8 Planned Commercial Campus and are designated as such in the Official Plan as well. The applicant has requested permission to increase the maximum allowable coverage of a building for a fascia sign to be increased from 30% to 100 % of the west and east walls of an "L"shaped building with a floor area of 142,785 sq. ft of both retail and office commercial uses, which is currently proposed for the site. A site plan application has been submitted for the proposed redevelopment of the property and is currently under review. The subject lands are designated `Planned Commercial Campus' in the City's Official Plan and are zoned `Planned Commercial Campus (C-8)' in Zoning By-law 85-1. Both the designation in the Official Plan and the zoning of the subject property permit large concentrations of commercial and entertainment uses that are intended to function as a unit and are intended to accommodate large retail uses in a campus environment consisting of individual buildings or plaza groupings. The Planned Commercial Campuses are primarily automobile-oriented. 2. Submission No.: SG 2007-010 (Cont'd) COMMITTEE OF ADJUSTMENT 21 AUGUST 21, 2007 Typically the sign by-law would only allow a fascia sign to cover 30% of a wall of a building and would only permit one sign per building. The applicant has requested that the entire west and east walls of the "L"shaped building be permitted to have sign covering 100% of the wall. The proposed fascia sign will not be illuminated and will therefore not likely cause any distraction to passing motorists along King Street. In addition, the proposed "~" shaped building is situated closer to the Highway 8 Interchange and will not likely even be visible from King Street as a result. As the proposed building is so large, the fascia signs proposed on the two smallest walls of the building will not likely detract from the building itself and despite their obvious size, when contemplating this request one has to consider that the entire site is approximately 95 acres in size, so the scale of the sign is relative to the scale of both the proposed building and the entire development. Despite the location of the building at the property's northern portion, thus in closer proximity to Highway 8 rather than King Street, the large signs may be visible to the traffic moving along the Highway, but at a velocity of 90 km/hour the impact of these non-lit signs will likely be negligible and would therefore have minimal impact to adjacent property owners or the passing traffic. The Ministry of Transportation may require certain approvals of signs in such close proximity to the Highway. Given the scale of the development, the variance proposed is desirable and appropriate for the use of the land and the proposed increase of the fascia sign to cover 100% of the 2 sides would not compromise the intent of the sign by-law. Based on the foregoing, Planning Staff recommend that the application to allow 2 fascia signs to cover 100% of the east and west sides of a 142,785 sq. ft. building be approved subject to the applicant obtaining all necessary approvals from the MTO. The Committee considered the report of the Region of Waterloo, Transportation Planner, dated August 1, 2007, in which he advised that they have no concerns with this application. The Committee considered the report of the Ministry of Transportation, dated August 14, 2007, in which they advise that the Ministry will only require sign permits if the signs are visible from any portion of the provincial highway. The sign positioninglexposure can not be determined by the supplied data, therefore, prior to sign installation, the Ministry requests to be re-circulated for approval. Moved by Ms. C. Balcerczyk Seconded by Mr. M. Hiscott That the application of GPM Managed Investments Inc. requesting permission for 2 fascia signs to cover 100% of the walls upon which they will be located rather than the permitted 30% coverage, on Part Lots 8 & 9, Beasley's Broken Front Concession, 100 Spor~sworld Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain all necessary approvals from the Ministry of Transportation. 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. 3. The general intent and purpose of the City of Kitchener Sign By-law is being maintained on the subject properly. Carried COMMITTEE OF ADJUSTMENT 22 AUGUST 21, 2007 ADJOURNMENT On motion, the meeting adjourned at 10:35 a.m. Dated at the City of Kitchener this 21 st day of August, 2007. Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment