1. SIGNS BY-LAW
AMENDMENT - 400 WEST HUNT CLUB ROAD MODIFICATION AU RÈGLEMENT MUNICIPAL SUR LES ENSEIGNES –
400, CHEMIN HUNT CLUB OUEST |
COMMITTEE RECOMMENDATION AS AMENDED
That Council approve the application to amend
the Signs By-law of the former City of Nepean to permit a roof sign and
animation of a roof sign at 400 West Hunt Club
Road.
Que le Conseil municipal approuve
la demande de modification au Règlement municipal sur les enseignes de
l’ancienne Ville de Nepean en vue de permettre l’installation d’une enseigne et
d’une enseigne lumineuse animée sur le toit du 400, chemin West Hunt Club.
Documentation
1. Development Services Department General
Manager’s report dated 9 December 2003 (ACS2004-DEV-BLD-0001).
2.
Extract of Draft
Minutes, 27 January 2004.
Report to/Rapport
au :
Planning
and Environment Committee
Comité de l'urbanisme et de l’environnement
and Council / et au Conseil
9 December 2003 / le 9 decembre
2003
Submitted by/Soumis par : Ned Lathrop, General
Manager/Directeur général,
Development Services/Services d'aménagement
Contact Person/Personne ressource : Sandra Garnett,
Manager / Gestionnaire
Legal and Services Integration / Insertion juridique et des services
(613) 580-2424 x41544, sandra.garnett@ottawa.ca
SUBJECT: |
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OBJET
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MODIFICATION AU RÈGLEMENT
MUNICIPAL SUR LES ENSEIGNES - 400, CHEMIN HUNT CLUB OUEST |
REPORT
RECOMMENDATION
That the Planning and
Environment Committee recommend Council refuse the application to amend the
Signs By-law of the former City of Nepean to permit a roof sign and animation
of a roof sign.
RECOMMANDATION DU RAPPORT
Que le Comité de
l'urbanisme et de l'environnement recommande au Conseil municipal de refuser la
demande de modification au règlement municipal sur les enseignes de l'ancienne
Ville de Nepean en vue de permettre l'installation d'une enseigne lanternon
animée.
BACKGROUND
The applicant, on behalf of
the property owner/occupant Star Mercedes Benz, is requesting an amendment to
Section 3.4 of Signs By-law 002-99 of the former City of Nepean to permit the
installation of an illuminated rotating sign mounted on the roof of the
building over the main entrance. As
illustrated in Documents 1 and 2, the sign is in the form of the Corporate
logo. The provisions of the by-law
regulate the location, construction, alteration, repair and maintenance of all
exterior signs on private property. The
existing Signs By-law of the Old City of Ottawa and the by-laws of the former
City's of Nepean, Kanata, Vanier, Cumberland and area Townships prohibit roof
signs and animation.
The provisions of the by-law pertaining to roof signs and animation were introduced in response to the detrimental effects of roof mounted signs in general on the visual environs, often contributing to the proliferation of signs as experienced in major Cities across Canada and the United States. The Toronto skyline has been impacted by a proliferation of billboards and temporary signs installed on roofs, for example adjacent to the Gardiner Expressway and Lakeshore Blvd.
The prohibition of roof signs dates back to the first Signs By-laws of the Old City of Ottawa in 1962. These by-laws have contributed to the establishment of current views and vistas in the Nation's Capital. Both the NCC and the Ministry of Transportation, who also have jurisdiction over signs adjacent to ceremonial routes and Provincial Highways, also prohibit roof signs. The intent of the current by-law is to permit reasonable signage for identification and promotional advertising purposes, within established guidelines that strive to prevent sign pollution.
While the proposed sign is well designed and would not in itself create a negative effect on the streetscape, there is a concern with setting precedence for other roof signs. The effect of installing a sign or architectural feature on a building facade or over an entrance canopy that is below the roofline would be limited to the building design. However, a sign or feature mounted on the roof of a building affects the overall streetscape. In response to the technical circulation, one of the local sign companies questioned the City's position on this application. Sign companies are aware of the untapped potential market for roof signs and are poised to initiate similar applications, if Council indicates a willingness to consider such elements. In this case, there are building design options that would accommodate the desired signage without compromising the intent of the by-law. In terms of visibility, the site, building and existing pylon sign (illustrated in Document 3) are clearly visible to east and west bound traffic on the adjacent collector roadway.
The architect for Mercedes Benz, indicates that the design and site positioning of the tower was intended to receive the Star logo as a focal element. Further, structural reinforcement and mounting brackets were incorporated into the building structure including the electrical supply. The architect advised that the spinning star is a key component of the Mercedes Benz international facility identification program and appears in plans supplied as part of the various development related submissions. Mercedes Benz desires to develop and build a uniform program with consistent elements being used throughout the continent.
Notwithstanding the desire of the company to standardize the design of their projects, this is not justification to wave the requirements and intent of local by-laws. Approval of this application would permit a sign specifically prohibited under the by-law. Unless the by-law amendment is site specific to this property, the amendment would have the effect of permitting roof signs in District 4 on buildings zoned for commercial and industrial use.
Alternate Solution
In keeping with the provisions of the by-law, the design of the front facade could be modified to incorporate a parapet wall extending vertically above the front entrance and forming a structural component of the building. As a matter of right, a non-animated illuminated Mercedes Benz star logo could be installed on the face of a parapet wall. In many similar cases (example provided in Document 3 - MOBILIA), this has been a successful alternative.
Based on the foregoing, the Department is recommending refusal of the application.
CONSULTATION
Comments were solicited from
the residents/businesses within 60 metres of the property and legislated notice
was placed in local newspapers 14 days prior to consideration by the Planning
and Development Committee.
One respondent was in
support of the application and two opposed.
A local sign company expressed opposition unless roof signs are
permitted for all commercial establishments.
The project architect
provided comments, detailed in the Discussion Section, in support of the
application
The ward Councillor
expressed concern with setting a precedent but is willing to support this application.
FINANCIAL
IMPLICATIONS
N/A
SUPPORTING
DOCUMENTATION
Document 1 - Site Plan
Document 2 - Elevation
Drawing
Document 3 -
Photographs
DISPOSITION
Corporate Services
Department, Secretariat Services Branch to notify the applicant and the Ward
Councillor of City Council's decision.
SIGNS BY-LAW AMENDMENT - 400 WEST HUNT
CLUB ROAD
MODIFICATION AU RÈGLEMENT
MUNICIPAL SUR LES ENSEIGNES – 400, CHEMIN HUNT CLUB OUEST
ACS2004-DEV-BLD-0001 Bell-South Nepean / Bell-Nepean sud (3)
Deferred from 13 January 2004 meeting
Don Brousseau provided an overview, with
diagrams, and responded to questions with respect to the recommendation
contained in departmental report dated 9 December 2003.
As a result of the presentation, staff responded to questions with the following points being raised and/or clarified:
·
One local sign company expressed opposition,
but consistently sign companies are monitoring these applications.
·
In cases where a sign was permitted under the
By-Law, variances were allowed. In
instances when signs are prohibited they are refused to avoid setting a
precedent.
·
Although staff indicated that buildings along
that area are consistently the same height, Councillor Harder pointed out that
was not the case citing the motorcycle store is significantly higher.
·
No homes would be affected by this sign.
The Committee heard from the following delegations:
Ted Fobert, FoTenn Consultants Inc., and Jeff Mierins, owner, Star
Motors Mercedes-Benz. Mr. Fobert indicated that Mr. Mierins requested an amendment to
the Signs By-Law of the former City of Nepean to permit an illuminated (not a neon) rotating sign mounted on the roof of the
new Mercedes dealership at 400 Hunt Club Road.
Mr. Fobert provided several illustrations of the location and an
artitst’s rendering of the site that are held on file with the City Clerk. One of the illustrations superimposed the
sign on the roof. The white light on
the star symbol comes on at dusk and shuts off at 11 p.m. when operations shut
down. He made the following points
in support of the application:
·
The building is set back roughly 100 feet from
the road and a cell phone tower is located approximately 100-150 feet south.
·
Each application should be considered on its
merits and approval does not set a precedent for other locations.
·
The star is a key component of the
Mercedes-Benz international facility identification programme and an integral
part of the building’s design. It
appeared in the plans supplied to various departments when the submission was
made with no negative comments received when circulated.
·
The staff report acknowledges the star “is
well-designed and will not create a negative effect on the streetscape”. The staff suggestion that a parapet wall
above the entrance with a non-illuminated star logo installed thereon would
significantly alter the appearance of the building and compromise the integrity
of the design. It would also entail an
unreasonable cost and does not accurately reflect the company’s corporate
identity goals.
·
The dealership is located on a four-lane
divided arterial, sized for six lanes; it is a major right-of-way with wide
expansive roadway and deep set backs.
In his opinion, it will not impact travelling motorists with respect to
safety; the star at approximately five five is relatively small and
unobtrusive; the building sits about 30 feet high; it is not similar to an
urban or downtown location.
·
The area is highway commercial and industrial
uses; there are other automobile uses; fast-food; drive-thru restaurants;
medium to big box retail, with oil storage tanks across the road; light
industrial warehouse uses, etc.
In closing, Mercedes believes the City should permit the sign on an
individual basis. The merits far
outweigh any negative impacts in this situation.
Councillor Harder spoke to her Motion to approve the application and did not believe it was precedent
setting. She described the surrounding
neighbourhood and businesses and opined it would not present a danger to the
travelling public. She asked the
Committee to support her Motion.
Moved by Councillor J. Harder:
That the Planning and Environment Committee
recommend Council approve the application to amend the Signs By-law of
the former City of Nepean to permit a roof sign and animation of a roof sign at 400 West Hunt Club Road.
CARRIED
as amended
YEAS (5): Councillors H. Kreling, J. Harder, G.
Hunter, M. Bellemare, P. Hume
NAYS (4): Councillors
A. Cullen, P. Feltmate, G. Bédard, D. Holmes