Development Variance Permit Application 2022/05 - 1681 Island Highway Staff Report

TOWN OF VIEW ROYAL COUNCIL REPORT

TO: Council DATE: November 2, 2022 FROM: Jeff Chow, Senior Planner MEETING DATE: November 8, 2022 FILE NO.: 3090-20-2022/05

DEVELOPMENT VARIANCE PERMIT APPLICATION 2022/05 – 1681 ISLAND HIGHWAY

RECOMMENDATION:

THAT Development Variance Permit Application 2022/05 be approved as per the November 30, 2022 report from the Senior Planner titled “Development Variance Permit Application 2022/05 – 1681 Island Highway”.

AND THAT Development Variance Permit Application 2022/05 include the following variances:

• Variance to the provisions of Section 4.1(e) of Sign Bylaw No. 950, 2018 to permit (electronic) changeable copy
• Variance to the sign clearance over a vehicular traffic area within Section 6.2(e) of Sign Bylaw No. 950, 2018 from 4.0m to 2.7m.

PURPOSE:

To consider a development variance permit application for the property located at 1681 Island Highway to replace three existing signs with two new signs in the Burger King drive-thru. Variances are requested to permit changeable (electronic) copy sign and reduce the canopy height over a vehicular traffic area.

TIME CRITICAL:

Not applicable

EXECUTIVE SUMMARY:

The proposal is to replace three existing signs with two new signs in the Burger King drive-thru. Variances are requested to permit changeable (electronic) copy sign and reduce the canopy height over a vehicular traffic area.

The application can be supported for the following reasons:

• the signs are intended for drive-thru patrons, not to attract attention from the road
• the signs face the road but are largely screened by landscaping
• the sign canopy is intended to provide some cover for ordering at the drive-thru. The proposed clearance is higher than clearance heights in underground parkades, and the drive thru is configured such that large vehicles would not be able to access it.

BACKGROUND:

The 5114 m2 site contains two commercial retail buildings that were built in 2000. The proposal was introduced at the November 8 Committee of the Whole meeting.

PROPOSAL:

The proposal is to replace existing drive-thru signage at the Burger King restaurant as shown in Figures 1 to 4.

A concurrent development permit application (DP2022/09) has been submitted for external renovations to the restaurant building and will be considered separately.

DISCUSSION:

Variance for a changeable copy sign

The applicant is proposing to vary Section 4.1(e) of Sign Bylaw No. 950, 2018 to permit changeable copy signs (changeable copy not permitted). Changeable copy signs can be distracting and add to visual pollution, but in this case the signs are menu and ordering boards that are now commonly seen at drive-thru restaurant establishments. This proposal is supportable because the signs are screened by landscaping (see Figure 5), targeted for users of the drive-thru, and less visible from the public realm.

There is a freestanding sign for the other commercial building (Island Outfitters) on the property with an older LED changeable copy component (Figure 5). The Town holds a covenant on this sign that allows message to change no less than 30 seconds at a time. Tenants have generally complied with the terms of the legal agreement.

Variance for sign clearance

The applicant is also proposing to vary the requirements of Section 6.2(e) of Sign Bylaw No. 950, 2018 to permit the projecting canopy of the pre-sell (ordering) board to have a clearance of 2.7m over a vehicular traffic area such as a driveway. The bylaw requires a minimum clearance of 4 metres.

The variance is supportable because the purpose of the canopy is to provide some cover for drivers of vehicles using the drive-through. The 4m clearance requirement for overhanging signs is necessary to provide vertical clearances for heavy vehicles like moving trucks and garbage trucks circulating the site; however, the tight driveway configuration of the drive-thru is intended to discourage drivers of these heavy vehicles from using the drive-thru; and therefore, the proposed vertical height clearance of the projecting canopy is adequate at this location.

SUSTAINABILITY/CLIMATE CHANGE IMPACTS:

There are no sustainability or climate change impacts.

FINANCIAL IMPLICATIONS:

There are no financial implications for the Town.

CONCLUSION:

The application can be supported for the following reasons:

• the signs are intended for drive-thru patrons, not to attract attention from the road
• the signs face the road but are largely screened by landscaping
• the sign canopy is intended to provide some cover for ordering at the drive-thru. The clearance is higher than is found in underground parking and the drive thru is configured such that large vehicles would not be able to access it.

ALTERNATIVES:

As alternatives in considering the application, Council may:

1. authorize the issuance of the Development Variance Permit as amended by Council in its resolution
2. defer consideration of the Development Variance Permit to a future date, or
3. refuse to authorize the Development Variance Permit for the current proposal.

CONCURRENCE:

REVIEWED BY:

ATTACHMENTS:

1. Location Plan
2. Letter from Pride Signs, October 3, 2022 (10 pages)
3. Site Plan – PJ Lovick Architect, amended 2022
4. Sign Plans – Pride Signs, various dates 2021/2022 (5 pages)