COUNCIL REPORT: DEVELOPMENT PERMIT APPLICATION 2022/09 - 1681 ISLAND HIGHWAY

RECOMMENDATION:

THAT Development Permit Application 2022/09 be approved as per the report dated February 28, 2024 from the Senior Planner titled “Development Permit Application 2022/09 – 1681 Island Highway.”

TIME CRITICAL:

There are no time considerations for the Town.

EXECUTIVE SUMMARY:

The proposal is to refresh the exterior of the existing Burger King restaurant building located at 1681 Island Highway. Proposed modifications include changes to the lower roof (new canopies and raised parapets), partial siding replacement, revised signage, and a light band along the lower roof. Additional information has been provided on signage, lighting, and confirmation that the view of the building from adjacent residences will not be significantly impacted.

The proposal complies with the Commercial Development Permit Area guidelines. No variances are requested so there is no notification of the application.

BACKGROUND:

The application was introduced at the November 8, 2022 Committee of the Whole meeting. Further details of the proposal can be found in Attachment 1.

DISCUSSION:

The following supplemental information is provided to address issues discussed at the November 8, 2022 Committee of the Whole meeting:

1. Information on brightness and intensity of the LED light band

As a visual accent on the building to attract attention, the light band meets the definition of a sign and Section 7.3 of Sign Bylaw 950, 2018 requires that signs must not emit or be lit by light that is brighter than 200 nits between sunset and sunrise (nighttime) and 2000 nits between sunrise and sunset (daytime).

Figure 1. Example of similar building with light band

2. Investigate methods other than graphic signs to break up the north and south elevations and animate the pedestrian level around the building

The applicant preference is to have graphic signs at the building entrances (Figure 2), rather than leaving the wall space blank. Staff considers that the graphic signs would not be distracting elements of the streetscape.

Figure 2. Graphic sign

3. Provide information on dimensions, material and illumination of new signs

A sign plan (Attachment 2) has been submitted for incorporation into the development permit. The plans show dimensions, materials and illumination. The proposed signs comply with the requirements of Sign Bylaw No.905, 2018.

4. Provide a colour and material sample board

The applicant will be submitting a colour and material board for inclusion in the development permit to confirm paint colours. Council may wish to note that the design guidelines do not control colour of a building, only the building materials.

5. Confirmation of side doors

Existing side doors are to be retained and are shown in Attachment 2.

6. Building visibility from adjacent residences

The topic of visual impacts arose at the COW meeting. A view study presented in Figures 3 to 7 show the building is not visually prominent to the neighbouring condominiums at 286 and 290 Wilfert Road due to a spatial separation of over 79m and a parking lot grade difference of 22m between condominiums and the subject building. Figures 4 and 6 illustrate that the existing building suitably meets the development permit area design guidelines for buffering between commercial and residential uses through distance and topography, notwithstanding that the building predates the condominiums by 12 years.

Figure 3. Orthophoto showing locations of viewpoints in Figures 4-7

Figure 4. Viewpoint A from NW building corner closest to condominiums

Figure 5. Viewpoint B from condominium parking lot

Figure 6. Viewpoint C from NW corner of building

Figure 7. Viewpoint D from top of condominium driveway

SUSTAINABILITY/CLIMATE CHANGE IMPACTS:

There are no significant sustainability or climate change impacts with this proposal.

FINANCIAL IMPLICATIONS:

No financial implications are anticipated for the Town.

ALTERNATIVES:

THAT Council decline Development Permit Application 2022/09 – 1681 Island Highway.

Council’s discretion to grant or refuse a development permit must be based upon the applicable development permit area design guidelines only, and not on extraneous considerations. In accordance with case law, when declining a development permit, Council should provide reasons why the proposal is not considered to be generally consistent with the development permit area design guidelines (refer to pages 12-18 in Attachment 1).

CONCLUSION:

The proposal is consistent with the Commercial Development Permit Area design guidelines and can be supported for the following reasons:

• the new parapets are raised to provide variations in roof heights for visual interest along the roofline;
• the new sign plan is effective for business identification and the layout would be consistent with the overall design of the building;
• the LED light band can help define the building form without impacting neighbouring residential areas;
• new canopies would help to break up blank walls; and
• no variances are required.

Staff recommends that Council approve Development Permit Application 2022/09 – 1681 Island Highway.

ATTACHMENTS:

1. Report from the Senior Planner presented at the November 8, 2022 Committee of the Whole meeting
2. Sign Plan