PLANNING ADVISORY COMMITTEE
SEPTEMBER 15, 2015
The regular meeting of the Planning Advisory Committee was held in the Council
Chamber, Lobby Level.
PRESENT
Eric Falkjar, Chair
Councillor Gerry Lowe
Anne McShane
Keith Brideau
Rick Stephen
Patrick Beamish
Mark Reade, Senior Planner
Jody Kliffer, Planner
Kristen Flood, Planner
Lynda Lockhart, Recording Secretary
REGRETS
Andrew Miller, First Vice-Chair
Philip Hovey, Second Vice-Chair
Derrick Mitchell
Item 1:
Agenda and Minutes
It was MOVED and SECONDED that the minutes of the August 18, 2015 meeting be
approved as circulated.
CARRIED
RS/PB
Planning Advisory Committee Minutes
September 15, 2015
Item 2:
Page: 2
Constantine Vlamakis
169 Charlotte Street
Application Type:
Conditional Use
Kristen Flood provided a brief overview, via a Power Point Presentation, of the
Conditional Use and Variance application to continue renting parking spaces
commercially on the site. To meet the current Zoning By-law standards, the applicant
proposes to upgrade the existing commercial parking lot with a paved surface, painted
lines, front yard landscaping, and cast-in-place concrete curbs. In addition variances
are required to reduce the required width of the access aisle and depth of the side and
rear yard landscaping to allow for the development of the parking spaces within the
limited dimensions of the site. Staff are recommending approval subject to conditions.
Constantine Vlamakis, the applicant, appeared before the Committee and indicated he
was generally in agreement with the recommendations as contained in the staff report
with the exception of landscaping the front portion of the parking lot as it would make
snow plowing/removal efforts difficult. Mr. Vlamakis responded to questions from the
Committee with respect to the number of parking spaces which are rented.
The Committee expressed concern that they will be considering a number of similar
applications in the near future, and the possibility this case will set a precedent,
questioned the criteria staff used to determine if a parking lot meets the intent of the
by-law.
Staff responded in this particular case the commercial parking lot is permitted, subject
to conditions which staff has recommended. With respect to the proposed reduction in
aisle width, staff determined this would not negatively impact drivers as the parking lot
has two accesses to facilitate traffic flow and the parking spaces are typically occupied
continuously during business hours. Staff further responded as the site is located within
the uptown parking exemption area, there is no requirement to provide parking for the
tenants or the restaurant business. Staff also noted the requirement for landscaping is
important as it serves as a separation between the parked cars and the sidewalk.
No one else appeared before the Committee.
After considering the report, the presentation and discussion the Committee resolved
to adopt the recommendation based on the reasons outlined in the staff report.
It was MOVED and SECONDED
1) That the Planning Advisory Committee approve the following variances from the
requirements of the Zoning By-law that would:
a) Reduce the minimum aisle width to approximately 5 metres, whereas the
Zoning By-law requires an aisle width of 6 metres; and
b) Reduce the minimum side and rear yard landscaping to nil, whereas the
Zoning By-law requires a minimum side and rear yard landscaping of 1.5
metres.
Planning Advisory Committee Minutes
September 15, 2015
Page: 3
2) That the Planning Advisory Committee impose the following conditions on the
establishment and operation of a commercial parking lot at 169-173 Charlotte
Street:
a) All work shown on an approved site plan must be completed no later than
one year after permit approval; and
b) The applicant’s engineering consultant must submit a stormwater
management plan and design brief to the City for review and approval. No
stormwater is to be directed to adjacent lands.
CARRIED
Item 3:
KB/RS
East Canada Hi-Tech Advertising Inc.
10 Crown Street
Application Type:
Variances to:
a) Permit intermittent illumination (i.e. digital display);
b) Reduce the front yard setback (along Hanover Street) from 3
metres to approximately 2.6 metres; and
c) Reduce the spacing from an existing billboard sign from 300
metres to approximately 290 metres.
Mark Reade provided a brief overview, via Power Point Presentation, of the Variance
application to construct a double-sided digital billboard at the Crown Street / Hanover
Street intersection. As large scale LED digital display signage is relatively a relatively
new technology, staff consulted recent work completed by the City of Ottawa and the
Transportation Association of Canada (TAC). The Ottawa report provides a broad
overview of the regulatory aspects of digital signage including those to manage
impacts on adjacent land use and the public realm while the TAC report provides
information focusing on the impact of digital signage on roadway safety. Staff are
recommending denial as the proposed digital sign will result in a visual impact on an
adjacent residential neighbourhood. Staff are also recommending denial of the
variances to permit the reduction in spacing and the required front yard setback. Staff
advised that the applicant has provided a compromise for the Committee’s
consideration to install a timer which would turn off the LED display between 12:00 a.m
– 6:00 a.m. Staff further indicated they have provided an alternative recommendation
for the Committee’s consideration to permit a one-sided billboard facing towards the
north away from the residential area.
Paul Deschenes, Atlantic Signs Ltd. appeared before the Committee on behalf of the
applicant Sunny Yi, who also was in attendance. Mr. Deschenes indicated he was not
in favour of the staff recommendation. Mr. Deschenes indicated in his opinion, a
variance from 3.0 metres to 2.6 metres to use the existing foundation was minimal.
With respect reduction from 300 metres to 290 metres spacing distance from adjacent
billboards was also minimal in his opinion. He further commented the potential impacts
from additional light generated by the sign would be diminished by surrounding
buildings, trees, and structures. He concluded that his client would prefer to have a
Planning Advisory Committee Minutes
September 15, 2015
Page: 4
two-sided sign but would be agreeable to staff recommendation if that is the wish of the
Committee.
Staff responded to questions from the Committee with respect to the applicant’s
proposal to install a timer noting it would lessen the impact on the adjacent residential
neighbourhood.
Concerns were expressed with respect to duration of illumination, degree of
illumination, and potential impact to the neighbourhood.
No one else appeared before the Committee.
Mr. Deschenes reappeared before the Committee to address the concerns the above
concerns stating his client’s preference would be a 2-sided sign. It is also his intent to
comply with the illumination standards as imposed by the Committee, and further to
limit the hours of illumination from 10:00 p.m. to 6:00 a.m.
After considering the report, the presentations and discussions the Committee were of
the opinion as the setback variances were minor in nature and further given that the
applicant was agreeable to reduce the hours of illumination on the south side facing
sign, resolved to amend the recommendation as follows:
It was MOVED and SECONDED that the Planning Adviosry Committee approve the
following variances for the proposed digital billboard to:
(a)
(b)
(c)
permit intermittent illumination (i.e. a digital display);
reduce the front yard setback (along Hanover Street) from 3 metres to
approximately 2.6 metres; and
reduce the spacing from an existing billboard sign from 300 metres to
approximately 290 metres.
The approval of these variances and operation of the proposed two-sided digital
billboard is subject to the following conditions:
(a)
(b)
(c)
(d)
(e)
The message duration shall be a minimum of ten seconds;
The message transition shall be less than one second and be limited to
the message fading in and out;
The message shown on the electronic message board sign shall not
flash or scroll;
The maximum brightness of the electronic message board sign shall be
5,000 nits during daytime and 500 nits during night time; and
The side of the billboard facing south (towards Hanover Street) must be
turned off between 10:00 PM and 6:00 AM.
On the question, discussion ensued with respect to further reducing the hours of
illumination. The Committee agreed to amend the motion as follows:
Planning Advisory Committee Minutes
September 15, 2015
Page: 5
It was MOVED and SECONDED that the Planning Advisory Committee approve the
following variances for the proposed digital billboard to:
(a)
(b)
(c)
permit intermittent illumination (i.e. a digital display);
reduce the front yard setback (along Hanover Street) from 3 metres to
approximately 2.6 metres; and
reduce the spacing from an existing billboard sign from 300 metres to
approximately 290 metres.
The approval of these variances and operation of the proposed two-sided digital
billboard is subject to the following conditions:
(a)
(b)
(c)
(d)
(e)
The message duration shall be a minimum of ten seconds;
The message transition shall be less than one second and be limited to
the message fading in and out;
The message shown on the electronic message board sign shall not
flash or scroll;
The maximum brightness of the electronic message board sign shall be
5,000 nits during daytime and 500 nits during night time; and
The side of the billboard facing south (towards Hanover Street) must be
turned off between 9:00 PM and 6:00 AM.
CARRIED
Item 4:
PB/GL
Jeff Craft (for Bergman Landscape & Masonry Centre)
700 Somerset Street
Application Type:
Temporary Approval
Jody Kliffer provided a brief overview, via Power Point Presentation of the Temporary
Approval application to establish a landscaping material supply business at the subject
property. The lot is currently zoned General Commercial (CG) which does not list a
landscaping business among the permitted uses. The applicant was unaware that
there was a conflict in zoning, which came to light through the building permit process.
Mr. Kliffer indicated it is the applicant’s intent to pursue a rezoning application over the
next year, but they are seeking temporary approval in the meantime. Staff do not
foresee any potential negative impacts in providing the applicant the opportunity to
operate the proposed business while a rezoning application is considered over the next
year and Staff are recommending approval subject to conditions.
Jeff Craft, of Bergman Landscape & Masonry appeared before the Committee and
indicated he was in agreement with the recommendations as contained in the staff
report and further commented the response from this area has been overwhelming and
they could no longer support the demand from their Moncton location thus the need to
open another business as quickly as possible. They are very excited to bring the
business to the city. Mr. Craft responded to questions from the Committee pertaining to
street cleanup from truck traffic and expanding to other parts of the city.
Planning Advisory Committee Minutes
September 15, 2015
Page: 6
Staff responded to questions from the Committee and indicated the requirement to
provide fencing is important to staff from an aesthetic perspective to mitigate the visual
impact on what is envisioned as a retail oriented corridor. Staff noted fencing would be
a requirement if the property were rezoned.
Mr. Craft indicated if the fencing requirement was limited to along Somerset Street it
would assist them with the start-up costs for the remainder of the season.
After considering the report, the presentation and discussion the Committee resolved
to adopt the recommendation based on the reasons outlined in the staff report.
It was MOVED and SECONDED that the Planning Advisory Committee grant
temporary approval for the establishment of a landscaping materials supply company
at 700 Somerset Street until no later than September 14, 2016, as generally illustrated
on the submitted site plans, subject to the following condition:

That any outdoor area used for the storage of landscaping or masonry products
or equipment be enclosed by a fence or landscaping to reduce the visibility of
the site from Somerset Street.
CARRIED
Item 5:
GL/KB
Full Gospel Assembly (on behalf of Irving Oil Ltd.)
34 Mount Pleasant Avenue East
Application Type:
Temporary Approval
Three letters opposed and/or expressing concerns were received.
Kristen Flood provided a brief overview, via Power Point Presentation, of the
Temporary Approval application to provide 66 parking spaces located in the existing
Church parking area to an office building operated by Irving Oil, located at 2 First
Street East. Staff are recommending approval on the basis that the shared parking is a
Transportation Demand Management approach supported by the Municipal Plan and
the existing parking lot is separated from adjacent residential properties by both
elevation and a landscaped buffer which will mitigate its impact on adjacent residential
properties.
Lindsay Burt, lead Pastor of Full Gospel Assembly and James Walsh of Irving Oil Ltd.,
appeared before the Committee and indicated they were in agreement with the
recommendations as contained in the staff report. Mr. Walsh indicated they had
personally canvassed a 200 metre radius door-to-door to address questions/concerns
raised by the residents. He also responded to questions from the Committee with
respect to lighting, traffic, snow removal, and drainage.
Discussion ensued with respect to the location of the entrance/exit and Pastor Burt
responded they hadn’t considered locating the entrance/exit on Mount Pleasant but
would be amenable if that was the wish of the Committee.
Planning Advisory Committee Minutes
September 15, 2015
Page: 7
Martha Peters, a neighbour appeared before the Committee indicating she was not
opposed to the parking lot and agreed the entrance/exit should be located on Mount
Pleasant Avenue; however she noted the large number of cars entering and exiting at
approximately the same time every day could be dangerous.
Claire Fairweather, of 40 Mount Pleasant Avenue appeared before the Committee and
stated she did not object to the use of the parking lot but she was opposed to the
entrance/exit being located on Mount Pleasant Avenue as the increased daily traffic
would be very disruptive and dangerous.
Pastor Burt and Mr. Walsh reappeared before the Committee to address the concerns
expressed by the neighbours responding that they will work with the community and
the Committee to determine which entrance/exit are the least invasive and will
communicate that to their employees.
Staff responded the Traffic Engineer did not feel the increase in traffic warrants
additional safety measures and were of the opinion the employees will find the
easiest/safest way to access and exit the parking lot in due course.
After considering the report, the presentation and discussion, the Committee resolved
to adopt the recommendation based on the reasons outlined in the staff report.
It was MOVED and SECONDED that the Planning Advisory Committee approved a
temporary period of one year, use of the church parking lot located at 34 Mount
Pleasant Avenue East, also identified as PID Number 00342600, as a parking area for
up to 66 vehicles of employees of the office building located at 2 First Street East
CARRIED
KB/PB
There being no further business, the meeting adjourned at 8:23 p.m.
___________________________
Eric Falkjar
Chair
___________________________
Lynda Lockhart
Recording Secretary