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HomeMy WebLinkAboutAdjustment - 2010-01-19 SGCOMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 19, 2010 MEMBERS PRESENT: Messrs D. Cybalski, B. McColl and A. Head OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer, Ms. L. Garovat, Administrative Clerk and Ms. D. Saunderson, Administrative Clerk Mr. D. Cybalski, Chair, called this meeting to order at 10:00 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 February 1, 2010 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 2010-001 Applicant: Waterloo Region District School Board Property Location: 787 King Street West Legal Description: Lots 4 - 6, 8, 9 & 12 & Part Lots 10 & 11, Subdivision of Lot 15, German Company Tract, Part Lot 91, Plan 377, Lot 285 & Part Lot 286, Plan 385 and Part Lot 20, Streets & Lanes Appearances: In Support: R. Cox J. Shantz Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect a ground supported sign, containing automatic changing copy, to have a height of 2.7 m (8.85 ft.) rather than the permitted 2 m (6.56 ft.), to be located approximately 70 m (229.65 ft.) from a residential zone rather than the required 150 m (492.12 ft.), and approximately 9 m (29.53 ft.) from a traffic signal rather than the required 23 m (75.45 ft.). The Committee considered the report of the Development and Technical Services Department, dated January 8, 2010, advising that the subject property is located at 787 King Street West is designated in the City's Official Plan as a Major Institutional Zone in the Zoning By-law. The applicant is requesting relief from the City's Sign By-law for the erection of an automatic changing copy sign at the proposed location. The applicant is requesting relief from two Sections of the By-law as follows: 1) Section 680.11.6 of the City of Kitchener Sign By-law states that "the maximum height for a ground supported sign on a property designated as Mixed Use Corridor in the City's Official Plan shall be 2.0 metres". The applicant is requesting relief from this section of the By-law to allow the proposed automatic changing copy sign to have a height of 2.7 metres rather than the required 2.0 metres. COMMITTEE OF ADJUSTMENT Submission No. SG 2010-001, cont'd JANUARY 19, 2009 2) Section 680.3.29 of the City of Kitchener Sign By-law states that "automatic changing copy on a sign shall not be located within 150 metres of any residential zones or within 23 metres of a street intersection or traffic light". The applicant is requesting relief from this section of the By-law to allow the proposed automatic changing copy sign to be located approximately 70 metres from a residential zone and 9 metres from the intersection or traffic light. In considering the requested variance to the Section 680.11.6 City of Kitchener Sign By-law, Planning staff offer the following comments: The intent of Section 680.11.6 of the Sign By-law is to ensure that all ground supported signs within a Mixed Use Corridor have a common height and to avoid drastic variations within this designation. The common height of all existing and potential signs will ensure an aesthetically pleasing streetscape for pedestrians and will avoid any undesirable irregularities between all signs. The applicant is proposing a minimal increase of 0.7 metres in height of the proposed sign than the required height in the Sign By-law. Staff is of the opinion that this request is minor and will not cause an undesirable streetscape within the Mixed Use Corridor designation. In considering the requested variance to the Section 680.3.29 City of Kitchener Sign By-law, Planning staff offer the following comments: The City of Kitchener initiated a zone change application to rezone properties in the King Street West Mixed Use Corridor from various zone classifications to Mixed Use Corridor MU-2 and MU-3 zones with and without site-specific regulations. The request for a reduction in the distance between the sign and a residential zone from 150 metres to 70 metres is no longer required as the property that was previously considered a residential zone (Commercial Residential) has now been rezoned to a MU-3 zone. However, the request for a reduction in the distance between the sign and the intersection or traffic light from 23 metres to 9 metres is still required. The intent of the regulation is to ensure that there is a safe distance between the automatic changing copy sign and vehicular traffic. The distance will ensure that drivers using the intersection are not distracted by the automatic changing copy sign which could possibly be confused with the traffic lights. The sign is proposed to be located outside of the 7.5 metre Visibility Triangle and staff is of the opinion that the sign will not dominate sight-lines at the intersection of King Street West and the City Local Street. Local Streets, as defined in the Official Plan, generally serve only the abutting properties and are not intended to carry through traffic. As such, staff is of the opinion that the proposed location and the reduction in the distance between the sign and the intersection will not foresee any negative implications to vehicular or pedestrian traffic. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 31, 2009, advising that they have no concerns with this application. The Chair noted staff comments that the requested variance for distance between the sign and a residential zone is no longer required due to the King Street West Mixed Use Corridor zone change. He clarified that the only required variances for the sign installation would be the height and distance to the intersection. In response to questions, Mr. Cox advised that the height increase is due to the size of the LED display and that snow would cover the bottom portion of the sign in the winter. Moved by Mr. A. Head Seconded by Mr. B. McColl That the application of Waterloo Region District School Board requesting permission to erect a ground supported sign, containing automatic changing copy, to have a height of 2.7 m (8.85 ft.) rather than the permitted 2 m (6.56 ft.) which will be located approximately 9 m (29.53 ft.) from the intersection rather than the required 23 m (75.45 ft.), on Lots 4 -6, 8, 9 & 12 & Part Lots 10 & 11, Subdivision of Lot 15, German Company Tract, Part Lot 91, Plan 377, Lot 285 & Part Lot 286, Plan 385 and Part Lot 20, Streets & Lanes, 787 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: COMMITTEE OF ADJUSTMENT Submission No. SG 2010-001, cont'd JANUARY 19, 2009 That the owner shall apply for and receive approval of a sign permit from the City of Kitchener prior to erecting the sign. It is the opinion of this Committee that: 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 Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. Carried Submission No.: SG 2010-002 Applicant: 966021 Ontario Ltd, o/a Great Canadian Coaches Property Location: 333-353 Manitou Drive Legal Description: Part Lot 5, Plan 1489, being Part 1, Reference Plan, 58R-15681 and Parts 3 & 4, Reference Plan 58R-12584 Appearances: In Support: S. Bishop Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to erect a new 2 faced billboard sign that will be located approximately 200 m (656.16 ft.) from the existing billboard sign at 334 Manitou Drive rather than the required 300 m (984.25 ft.). The Committee considered the report of the Development and Technical Services Department, dated January 5, 2010, advising that the subject property is located on the west side of Manitou Drive, between Sasaga Drive and Cayuga Drive. The existing 4-face billboard sign is located on the vacant portion of the site known as 333 Manitou Drive. The balance of the property, known as 353 Manitou Drive is developed with a transportation depot and automotive repair service. The subject lands are zoned M-4 Heavy Industrial, and are designated as Heavy Industrial in the City's Official Plan. The applicant is requesting a minor variance to allow a 2-faced billboard sign with a separation distance of approximately 200 metres from another billboard sign, rather than the required 300 metre separation distance. In considering the requested variance to the City of Kitchener Sign By-law, Planning staff offer the following comments. Presently on site there are two 2-faced billboards which are legal non- conforming as they do not meet the 300 metre separation distance requirement from another billboard sign. The applicant is proposing to remove the two existing 2-faced billboard signs and replace them with one V-shaped billboard sign having only 2 faces. The separation distance will not change as the proposed sign is to be erected in the same location as the existing signs. The change from 4 sign faces to 2 signs faces is a significant reduction in sign area and is considered to be more in keeping with the intent of the Sign By-law. The elimination of two billboard sign faces will lessen the impact of the reduced separation distance. All of the existing billboard signs have existed in a legal non-conforming state, having a separation distance of approximately 200 metres without complaint or issue for many years. Staff is of the opinion that removing the two existing signs and granting permission to erect one new sign having only 2 sign faces is appropriate given the location within a heavy industrial area. COMMITTEE OF ADJUSTMENT Submission No.: SG 2010-002, cont'd JANUARY 19, 2009 The proposed billboard sign will have one static billboard facing south on Manitou Drive and a combination LED video board/static billboard facing north on Manitou Drive. This type of sign is considered appropriate and desirable for the heavy industrial area and is in compliance with all other applicable billboard sign regulations in the City's Sign By-law. The Committee considered the report of the Region of Waterloo Transportation Planner, dated December 22, 2009, advising that they have no concerns with this application. Mr. McColl questioned the possibility of including the dimensions of LED portions of the proposed sign in the Committee's decision to restrict it being enlarged in the future. Mr. Bishop advised that he has no concerns with the dimensions being included; as the screen has already been purchased for this sign. He noted that his company is the first to use this design of billboard in Canada. Respecting Mr. McColl's concern about these signs distracting drivers, Mr. Bishop advised that the Region of Waterloo has conducted a study which demonstrates that the accident rate has gone down. In the US, a study was done which shows that the flashing light causes drivers to slow down and be more cautious. So far, there have been no negative issues with this signs anywhere they have been erected. Moved by Mr. B. McColl Seconded by Mr. A. Head That the application of 966021 Ontario Ltd, o/a Great Canadian Coaches requesting permission to erect a new 2 faced billboard sign that will be located approximately 200 m (656.16 ft.) from the existing billboard sign at 334 Manitou Drive rather than the required 300 m (984.25 ft.), on Part Lot 5, Plan 1489, being Part 1, Reference Plan, 58R-15681 and Parts 3 & 4, Reference Plan 58R-12584, 333-353 Manitou Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall apply for and receive approval of a sign permit from the City of Kitchener, prior to erecting the billboard sign. 2. That the LED videoboard portion of the billboard sign shall not exceed 3.6576 m by 2.7432 m in size. It is the opinion of this Committee that: 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 Chapter 680 (SIGN) of the City of Kitchener Municipal Code is being maintained on the subject property. ADJOURNMENT On motion, the meeting adjourned at 10:10 a.m. Dated at the City of Kitchener this 19th day of January, 2010. Carried Dianne H. Gilchrist Secretary-Treasurer Committee of Adjustment