1 Minutes – Standing Policy Committee on Property and Development, Heritage and Downtown Development – November 16, 2020

Minutes – Standing Policy Committee on Property and Development, Heritage and Downtown Development – November 16, 2020

PUBLIC HEARINGS

Item No. 1 Appeal – Variance – 242 Hargrave Street (Fort Rouge – East Fort Garry Ward) File DAV 186728A/2020B

STANDING COMMITTEE DECISION:

The Standing Policy Committee on Property and Development, Heritage and Downtown Development allowed the appeal, did not concur in the decision of the Director of Planning, Property and Development, and approved a Variance on “the land” for the erection of a use identification sign to permit a sign height of 49 feet (14.94 metres) on the west side of the building.

Further, the Standing Policy Committee on Property and Development, Heritage and Downtown Development cancelled Variance Order DAV 186728/2020B.

1 Minutes – Standing Policy Committee on Property and Development, Heritage and Downtown Development – November 16, 2020

DECISION MAKING HISTORY:

The Winnipeg Public Service advised that all statutory requirements with respect to this appeal have been complied with.

Moved by Councillor Klein, That the report of the Winnipeg Public Service be taken as read.

Carried

Moved by Councillor Klein, That the receipt of public representations be concluded.

Carried

Moved by Councillor Klein, That in accordance with Subsection 247(3) of The City of Winnipeg Charter, the Variance,

(a) ✓ is consistent is not consistent with Plan Winnipeg, and any applicable secondary plan;

(b) ✓ does not create does create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway;

(c) ✓ is is not the minimum modification of a zoning by-law required to relieve the injurious effect of the zoning by-law on the applicant's property; and

(d) ✓ is is not compatible with the area in which the property to be affected is situated.

Supporting Comments:

1. As noted by the Public Service but also by that applicant the sign does blend will with décor of building. I think it sets a nice branding stage for that area where True North Square is.

2 Minutes – Standing Policy Committee on Property and Development, Heritage and Downtown Development – November 16, 2020

DECISION MAKING HISTORY (continued):

2. We’re building that area up and I think when we have people that want to invest in the City of Winnipeg, we need to partner with them.

3. 20 feet is difference that we’re talking about here and I believe that the vision they have for True North Square, they had a long term vision that they’re reaching for and this signage fits perfectly well within their vision. I fully support the applicants on their request to have the sign 20 feet higher.

Carried

Moved by Councillor Klein, That the appeal be allowed and the decision of the Director of Planning, Property and Development not be concurred in and Variance Order DAV 186728/2020B be cancelled.

Carried

Moved by Councillor Klein, That the public hearing with respect to this appeal be concluded.

Carried

THE CITY OF WINNIPEG VARIANCE APPEAL ORDER STANDING POLICY COMMITTEE ON PROPERTY AND DEVELOPMENT, HERITAGE AND DOWNTOWN DEVELOPMENT

DAV 186728A/2020B

Before: Appeal Committee Councillor Gilroy, Chairperson Councillor Klein Councillor Lukes Councillor Santos

Hearing: November 16, 2020 Council Building, 510 Main Street

Applicant: David Atkinson, Five Star Permits

Premises Affected: 242 Hargrave Street

Legal Description: LOT 1 PLAN 60454, hereinafter called “the land”

Property Zoned: M (Manufacturing)

Nature of Appeal: To vary the “Multiple Use” Sector regulations of Downtown Zoning By-Law No. 100/2004 for the erection of a use identification sign to permit a sign height of 49 feet (14.94 metres) instead of 25 feet (7.62 metres) on the west side of the building.

ORDER MADE BY THE DIRECTOR OF PLANNING, PROPERTY AND DEVELOPMENT:

The Director of Planning Property and Development rejected a Variance, File DAV 186728/2020B, to David Atkinson, Five Star Permits, for premises located at 242 Hargrave Street, for the erection of a use identification sign to permit a sign height of 49 feet (14.94 metres) instead of 25 feet (7.62 metres) on the west side of the building.

4 - DAV 186728A/2020B -

Pursuant to the provisions of The City of Winnipeg Charter, David Atkinson, on behalf of Ceridian, appealed the Variance Order DAV 186728/2020B and after Notice, the appeal was heard on November 16, 2020.

Upon consideration of the evidence adduced and submissions made, the Standing Policy Committee on Property and Development, Heritage and Downtown Development is of the opinion that, subject to the condition(s) imposed, if any, this Appeal Order does meet the statutory criteria as outlined in Subsection 247(3) of The City of Winnipeg Charter, in that it:

(a) ✓ is consistent is not consistent with Plan Winnipeg, and any applicable secondary plan;

(c) ✓ is is not the minimum modification of a zoning by-law required to relieve the injurious effect of the zoning by-law on the applicant's property; and

(d) ✓ is is not compatible with the area in which the property to be affected is situated.

Supporting Comments:

1. As noted by the Public Service but also by that applicant the sign does blend will with décor of building. I think it sets a nice branding stage for that area where True North Square is.

2. We’re building that area up and I think when we have people that want to invest in the City of Winnipeg, we need to partner with them.

5 - DAV 186728A/2020B -

ORDER:

The Standing Policy Committee on Property and Development, Heritage and Downtown Development orders that the appeal is allowed and that Variance Order DAV 186728/2020B dated September 28, 2020, is cancelled.

THIS ORDER IS SUBJECT TO ALL BUILDING, HEALTH OR OTHER REGULATIONS PERTAINING TO THE LAND HEREIN REFERRED TO.

DATE OF ORDER: November 19, 2020 CERTIFIED BY:

K. McMillan Senior Committee Clerk

THE FOLLOWING PERSONS MADE REPRESENTATIONS:

In Support of the Appeal:

David Atkinson Mishel Poiron Scott Kitching Chris McGrath Gavin Johnstone Jim Ludlow

In Opposition to the Appeal:

Nil

For Information on the Appeal:

Nil

6 - DAV 186728A/2020B -

For the City:

J. Kiernan, Director, Planning Property and Development K. Kowalke, Principal Planner, Planning, Property and Development Department K. Kliewer, Planner, Planning, Property and Development Department

7 EXHIBITS FILED FOR DAV 186728A/2020B

1. Order DAV 186728/2020B dated September 28, 2020 2. Notice of Appeal filed by David Atkinson, on behalf of Ceridian, received October 5, 2020 3. Notification of Public Hearing dated October 30, 2020 4. Confirmation from the Zoning and Permits Administrator that the subject property may be posted in substitution for newspaper advertising 5. Plans, Sheets 1 and 2, for File DAV 186728/2020B dated September 3, 2020 6. Report from the Urban Planning and Design Division dated November 5, 2020 7. Inspection Report 8. Photos submitted by Gavin Johnstone in support of the application

8 Exhibit “6” referred to in File DAV 186728A/2020B

ADMINISTRATIVE REPORT

Title: Appeal - DAV 186728/2020B, 242 Hargrave Street

Critical Path: Standing Policy Committee on Property and Development, Heritage and Downtown Development

AUTHORIZATION

Author Department Head CFO CAO

D. Jopling J. Kiernan

EXECUTIVE SUMMARY

The proposed development involves a proposed 49-foot high sign at True North Square, facing Carlton Street. The applicant is appealing the rejection of a variance for the proposed height.

The allowable height is 25 feet. The Department is recommending that the Director’s decision be upheld and that signage plans be revised to be no more than 35.5 feet, which is the height variance allowed for another sign on site.

The regulations are in place to ensure all downtown signage is oriented and designed primarily to be seen by pedestrians, at a pedestrian scale, as opposed to passing motor vehicles.

RECOMMENDATIONS

1. The Winnipeg Public Service recommends that the decision of the Director of Planning, Property and Development Department, dated September 17, 2020 be upheld.

REASON FOR THE REPORT

The variance application for a sign height of 49 feet was rejected by the Director of Planning, Property and Development Department on September 17, 2020. The applicant has appealed this decision.

The Standing Policy Committee on Property and Development, Heritage and Downtown Development is the delegated hearing body for appeals of the Public Service’s decisions on variance and conditional use applications in Downtown Winnipeg.

IMPLICATIONS OF THE RECOMMENDATIONS

If the recommendations of the Public Service are concurred in, proposed plans will need to be reconfigured to reflect the recommendations of the Department, or in the Downtown Winnipeg Zoning By-law 100/2004.

HISTORY/DISCUSSION

• The proposed development involves the installation of a 49-foot high sign facing Carlton Street, for a tenant at True North Square (242 Hargrave). • Pursuant to Section 247(3) of the City of Winnipeg Charter, an application for a variance with respect to a property may be approved if the variance: a) is consistent with Plan Winnipeg and any applicable secondary plan; b) does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; c) is the minimum modification of a zoning-by-law required to relieve the injurious effect of the zoning by-law on the applicant's property; and d) is compatible with the area in which the property to be affected is situated. • The variance application dated September 17, 2020 was for increased signage height, almost than double than what is allowed in the Downtown Zoning By-law. The Department based their review on the Downtown Winnipeg Zoning by-law 100/2004

Site Description

• The subject property is located at True North Square. It is part of the South Portage Neighbourhood and the Fort Rouge-East Fort Garry Ward, and is located within the Multiple Use Sector of Downtown Winnipeg Zoning By-law 100/2004.

• Existing signage at True North Square includes:

o Building ID signage (Scotiabank), located at the top of the building.

o A display screen, which required a variance to be established. More of half the content on this screen will be developed, artistic, and community-centred content geared toward engaging people in the plaza.

o Skip the Dishes logo signage, located at the bottom of the display screen, with a maximum height of 35.5 feet.

o Various podium signs and use identification signs that comply with the Zoning By-Law, or have been approved through variance applications.

10 Variance Analysis:

• Sign regulations under Downtown Zoning By-Law No. 100/2004 intend for signage to be oriented and designed primarily to be seen by pedestrians, at a pedestrian scale, as opposed to passing motor vehicles. • The applicant’s letter of intent specifically expressed the intention for the sign to be visible to passing traffic, which does not align with downtown policies in the Downtown Winnipeg Zoning By-law 100/2004. • At 49 feet, the proposed sign height is nearly twice the 25-foot height limit outlined in the Zoning by-law, and is not a ‘minimum modification’ of the by-law. • In addition, only one sign per building (the “Building ID” sign) may be located above 25 feet. The podium of the building may not be considered a different structure as the tower. At this site, ‘Building ID’ signage rights belong to Scotiabank. • In spring 2020, a signage height variance (for up to 35.5 feet) on this site was granted to a different sign, as building design did not allow for a lower location. As noted in email correspondence with the applicant dated September 15, 2020, the Department would be amenable to a sign at the same height as the approved sign, to maintain consistency with Departmental approvals, and to help ensure a pedestrian scale for all signage on site. • The alternate options previously put forward by the Department on March 9, 2020 (pictured below) would also be acceptable, provided they are below 35.5 feet. • The proposed sign height does not fit provincial criteria found within the City of Winnipeg Charter as follows:

o Criterion (a): the proposed signage is inconsistent with the intent of the zoning by-law, which is to have all signage oriented on a pedestrian scale o Criterion (b): it would create a substantial adverse effect on the amenities, use, safety and convenience of the area, as the proposed sign serves as a billboard (which is not allowed downtown), and would set a precedent for other signage applications and appeals. o Criterion (c): it is not the minimum modification of the Downtown Winnipeg Zoning By-law, as the proposed signage is nearly twice the allowable height as outlined in the Downtown Winnipeg Zoning By-law. o Criterion (d): it is not compatible with the area; adding signage above the required height detracts from the publicly-funded improvements made to the True North Square site, and is not compatible with the surrounding neighbourhood (where signage remains at a pedestrian scale).

Related notes

• The applicant was made aware of the concerns related to sign height in an email dated November 22, 2019 (and in subsequent emails), and was presented with multiple alternatives (highlighted in photos below) in an email dated March 9, 2020. • Another tenant on site has expressed interest in installing a sign that would be at least 50 feet in height. The Department has received other enquiries at other buildings across Downtown. Approving this would set a precedent for tenants across Downtown.

11 • In early 2020, True North Square produced a signage plan to assist the Department with analysis of sign sizes and location on the site. This plan (which included the Ceridian sign) was never endorsed by the Department nor decision-makers; its function was to understand current and future site signage requests and not to ‘pre-approve’ future signage requests. • Should the Committee choose to grant the appeal, the Public Service would caution that this would create a precedent for additional motor vehicle-oriented signage on this site and other new developments.

Recommendation:

• The Winnipeg Public Service recommends that the decision of the Director of Planning, Property and Development Department, dated September 17, 2020, be upheld.

CONSULTATION

This report has been prepared in consultation with: N/A

OURWINNIPEG POLICY ALIGNMENT

• The subject site is located within the Downtown policy designation under OurWinnipeg and the Complete Communities Direction Strategy. High-density, pedestrian-friendly, mixed use development that complements the surrounding district(s) with exemplary urban design and identifiable, safe public spaces are encouraged Downtown.

WINNIPEG CLIMATE ACTION PLAN ALIGNMENT

• N/A

SUBMITTED BY

Department: Planning, Property and Development Division: Urban Planning and Design Prepared by: Karin Kliewer Date: November 5, 2020 File No: DAV 186728/2020B

Attachment: Original request and examples of acceptable alternatives put forward by the Department

12 Initial request and examples of acceptable alternatives

Rendering showing sign located at 49 feet in height, oriented towards motor vehicles

Examples of acceptable alternatives put forward by the Department

Rendering shows acceptable sign location of 35.5 feet; same height as future Skip the Dishes sign. (images produced by Five Star Permits)

13 Additional acceptable options (provided to applicant March 9, 2020)

Photo 1: under the windows; spanning two poles (likely below the two lights); or on the staircase/railing.

Photo 2: within the square (and below 25 feet in height), close to other signs with similar heights. Proposed signage would not be used for wayfinding, so it could be an option.

14 Photo 3: Above the stairs to the landing or beneath the railing.

15 Exhibit “5” referred to in File DAV 186728A/2020B

17 Exhibit “2” referred to in File DAV 186728A/2020B

18 Exhibit “1” referred to in File DAV 186728A/2020B

Planning, Property and Development Department Service de l'urbanisme, des biens et de l'aménagement Unit 31 – 30 Fort Street • 30, rue Fort, unité 31 • Winnipeg • Manitoba R3C 4X7

VARIANCE ORDER

DAV 20-186728/B

APPLICANT: David Atkinson Five Star Permits 2475 MCGRAW ST WINNIPEG BC V2A 7H9

PREMISES AFFECTED: 242 Hargrave ST LEGAL DESCRIPTION: LOT 1 PLAN 60454 hereinafter called "the land". PROPERTY ZONED: M ZONING ATLAS SHEET: AA24 NATURE OF APPLICATION:

To vary the "Multiple Use" Sector regulations of Downtown Zoning By-Law No. 100/2004 for the erection of a use identification sign to permit a sign height of 49 feet (14.94 metres) instead of 25 feet (7.62 metres) on the west side of the building.

It is the opinion of the Director of Planning, Property and Development Department that this application does not meet the statutory criteria of the City of Winnipeg Charter in that it:

(a) is not consistent with Plan Winnipeg and any applicable secondary plan; (b) does create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; (c) is not the minimum modification of a zoning by-law required to relieve the injurious effect of the zoning by-law on the applicant's property; and (d) is not compatible with the area in which the property to be affected is situated.

C.W. Charter Subsection 247(3)

ORDER: RE: 242 Hargrave ST

The Director of Planning, Property and Development Department hereby orders that the provisions of the "M" dimensional standards of Zoning By-Law No. 100/2004 and amendments thereto for the the erection of a use identification sign to permit a sign height of 49 feet (14.94 metres) instead of 25 feet (7.62 metres) on the west side of the building. is hereby REJECTED.

DATE OF ORDER: September 28, 2020 CERTIFIED BY:

______for Director Planning, Property and Development Department

19 - page 2 of DAV 20-186728/B -

HOW TO APPEAL

You must appeal against either the whole of this order or part(s) of it by filing a letter of appeal. This appeal will be heard by the Appeals Committee. That letter must:

(a) be addressed as set out below,

(b) be received at that office not later than 4:30 p.m. on Tuesday, October 13, 2020, [IF RECEIVED LATE YOUR APPEAL CANNOT BE HEARD.]

(c) refer to Variance Order No. DAV 20-186728/B, give brief reasons and describe whether you appeal the whole order or only part(s) of it.

You can attend the appeal hearing and speak on issues raised in someone else's appeal; but the Appeals Committee can only rule on issues raised in appeals filed. If you are not sure what others have appealed you should file your own appeal.

Address: City Clerk, City of Winnipeg c/o Standing Policy Committee on Property and Development, Heritage and Downtown Development Susan A. Thompson Bldg. 510 Main Street Winnipeg, MB, R3B 1B9 Fax 947-3452 Email: [email protected]