Report Template

2. SIGN MINOR VARIANCE - BILLBOARD SIGN RENEWALS

DÉROGATION MINEURE AU RÈGLEMENT SUR LES ENSEIGNES -
RENOUVELLEMENT DE PANNEAUX D'AFFICHAGE

Committee recommendations

That Council approve:

1. A minor variance from Sign By-law 2005-439 to reduce the setback requirement between billboard signs from 150 metres to 91 metres affecting two billboard signs located at 300 Tremblay Road and 1333 Avenue L.

2. A minor variance from Sign By-law 2005-439 to reduce the setback requirement between three billboard signs, two located at 700 and one at 770 Hunt Club Road from 150 metres to 70 metres and 94 metres respectively.

3. A minor variance from By-law 2005-439 to reduce the setback requirement between two billboard signs located at 1490 and 1491 Michael Street from 150 metres to 43 metres.

Recommandations du Comité

Que le Conseil approuve :

1. une dérogation mineure au Règlement no 439-2005 sur les enseignes afin de ramener de 150 mètres à 91 mètres la distance minimale requise entre deux panneaux d'affichage situés au 300, chemin Tremblay et au 1333, avenue L respectivement.

2. une dérogation mineure au Règlement no 439-2005 sur les enseignes afin de ramener de 150 mètres à 70 et à 94 mètres respectivement la distance minimale requise entre trois panneaux d'affichage, soit deux situés au 700, chemin Hunt Club et un situé au 770, chemin Hunt Club.

3. une dérogation mineure au Règlement no 439-2005 sur les enseignes afin de ramner de 150 mètres à 43 mètres la distance minimale requise entre deux panneaux d'affichage situés aux 1490 et 1491, rue Michael respectivement.

Documentation

1. A/Deputy City Manager's report (Planning and Growth Management) dated
14 August 2006 (ACS2006-PGM-BLD-0019).

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

14 August 2006 / le 14 août 2006

Submitted by/Soumis par : John L. Moser, Acting Deputy City Manager/

Directeur municipal adjoint par intérim,

Planning and Growth Management/Urbanisme et Gestion de la croissance

Contact Person/Personne ressource : Sandra Garnett, Manager, Legal and Service Integration

Building Services/Direction des services du bâtiment

(613) 580-2424 x41544, Sandra.Garnett@ottawa.ca

City-Wide

Ref N°: ACS2006-PGM-BLD-0019

SUBJECT:	SIGN BY-LAW MINOR VARIANCE - BILLBOARD SIGN RENEWALS

OBJET :	DÉROGATION MINEURE AU RÈGLEMENT SUR LES ENSEIGNES - RENOUVELLEMENT DE PANNEAUX D'AFFICHAGE

REPORT RECOMMENDATIONS

That the Planning and Environment Committee recommend Council approve:

3. A minor variance from By-law 2005-439 to reduce the setback requirement between two billboard signs located at 1490 and 1491 Michael Street from 150 metres to 43 metres.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d'approuver :

BACKGROUND

By-law provisions for billboard signs include an expiration date for billboard permits. The first time limit was set at 10 years with subsequent sign by-laws imposing a permit renewal requirement after five years.

This provision is exclusive to billboard permits because of the extraordinary impact that billboards impose on the surrounding neighbourhood. Billboards are unique from other ground signs in that they are not located on the premises of the business that is advertising. These “third party” signs are typically larger than other ground signs and therefore their placement is limited to open spaces where land is zoned for commercial and or industrial use. Often these signs are installed as an interim use until development is viable. Over time, however, the environment in which the billboard is located changes and without the time limitation, the municipality has no authority to revisit the approval and possibly require the removal of signs that are no longer compatible with the area.

The billboard signs identified herein were part of the first generation of time sensitive billboard sign permits that have expired and renewal has been requested. These specific billboard applications are for billboards that originally complied with the by-law requirements or required and were granted a minor variance, but where the billboard no longer meets the requirements of the current by-law.

The current conditions relating to each billboard sign and rationale for the recommendation is provided below.

DISCUSSION

Recommendation 1

Location: 300 Tremblay Road and 1333 Avenue L

There are two existing billboard signs located near the intersection of Tremblay Road and at the south end of Avenue L, both facing Belfast Road (see Document 1). When installed in 1996, the signs complied with the provisions of Signs By-law 311-90, having a spatial separation between the signs of 91 metres. The by-law currently requires a separation of 150 metres. Thus, if the signs are to be permitted for another five year term, a minor variance is required.

The signs are located on property zoned IG designated under the Sign By-law as District 4 that permits billboard signage. Area land use includes retail commercial and office uses to the west, the Queensway to the north and residential development to the east. Between the subject properties and rear yards of the residential properties on the east side of Belfast Road, there is a hydro corridor that creates a substantial setback, well in excess of the 30 metre setback requirement. These homes have been in existence since the early 1950s and have a significant amount of mature vegetation both in the rear yards and along the corridor such that visibility of the signs from the residential uses is limited. Commercial development in the area is progressing based on the intent of the Zoning By-law and consistent with land use that existed when the signs were installed.

One response was received from the commercial sector objecting to the scale of the signs and the reduction from the required 150 metre separation. The concerned party indicated that the intent of the requirement for a spatial separation was to minimize the visual presence and impact on the neighbourhood and environment.

Since the issuance of the original sign permits, there has not been a significant change in land use, zoning or the related objectives of the Official Plan. No planning concerns were identified. Given the nature of the commercial environment and the lack of visibility to the residential land use, the billboards are considered appropriate in their present location and at a scale compatible with similar billboard structures in other general commercial areas.

The Department is satisfied that the proposal is consistent with the purpose and intent of the by-law and approval of the application to reduce the spatial separation from 150 metres to 91 metres is recommended.

Recommendation 2

Location: 700 and 770 Hunt Club Road

There are three existing billboard signs located on the south side of Hunt Club Road, two located on the same property, 700 Hunt Club Road (see Document 2). At installation, the signs complied with the provisions of the Sign By-law. Section 173 of the current By-law requires a spatial separation between signs of 150 metres. To permit the continuation of the signs in their present location, approval of a minor variance is required. Relief is sought to reduce the spatial separation from 150 metres to 70 metres (700 Hunt Club) and to 94 metres (770 Hunt Club).

When these signs were installed, the zoning was commercial (C1-c); current zoning is similar commercial (C1-g). Adjacent land uses on the south side of Hunt Club Road are commercial and industrial. To the north is a residential development fronting onto Erin Crescent and backing onto Hunt Club Road. There have been no significant changes to the zoning or related objectives of the Official Plan.

In response to the technical circulation, one resident on Erin Street indicated support for the application.

The Department is satisfied that area land use has not significantly changed and, with no objections from the community, approval of the requested minor variance to permit a reduction in the setback requirement is recommended.

Recommendation 3

Location: 1490 Michael Street

There are two existing billboard signs located in the railway right-of-way, one located on the west and one on the east side adjacent to Michael Street (see Document 3). The application is to reduce the required spatial separation between signs in order to permit the continuation of the signs in their present location.

At the time the signs were installed in 1995, the setback requirement between signs was 91 metres, interpreted as from any other billboard sign located on the same side of the street. To avoid proliferation, the setback has been increased to 150 metres measured as a radius from any other billboard sign. The applicant is seeking relief from the By-law to reduce the setback requirement to the existing setback of 43 metres.

At sign installation, the zoning was M3 (industrial). The current zoning is similar, IL (industrial). Area land use is heavy industrial and commercial with no residential uses near the site. Since 1995, there has been no significant change to the intent of the zoning or related sections of the Official Plan.

In response to the technical circulation, three comments were received all in support of the application.

The Department is satisfied that the existing signs are compatible with area land use and will not create a negative impact in their present location. As such, approval of the requested minor variance to reduce the setback requirement to 43 metres to allow the two existing signs to remain in their present locations for a term of five years is recommended.

CONSULTATION

Standard notification of the request for minor variances were distributed to the households and businesses in a 30 m radius of the subject sign location.

300 Tremblay Road

One submission was received in opposition. The concern is that the dimensions of the billboard are extremely large, with a height of approximately 25 feet and an area of 200 square feet. The by-law requirement of 150 metres between billboard signs was established to minimize the visual presence and impact on the neighbourhoods and environments. The two billboards have exceeded the permitted term. It is the opportune time to ensure the signs comply with the current requirements. Given the redevelopment within the immediate vicinity and the investment to rejuvenate the area, the current non-compliant billboard signs has a negative impact and is detrimental to the recent redevelopment efforts.

Departmental Comments

The intent of the restrictive term for sign permits is to ensure that the zoning intent and Official Plan objectives have not substantially altered such that billboard signs are no longer compatible. As the area land use is still predominantly commercial/industrial, the use is considered compatible and would be permitted in other similarly zoned areas of the city.

While new signs must comply with the spatial setback requirement, given that the signs were installed in compliance with the By-law of the time and there has been no significant change to the existing signs structures, the signs are considered acceptable for a 5 year term.

700 Hunt Club Road

One submission was received from a resident located on Erin Crescent in support of the application.

1490 Michael Street

Three submissions were received in support of the application. One respondant recommended that each minor variance should be handled separately and judged on its own merit.

Departmental Comments

Similar applications, where possible, are grouped to obtain efficiencies. It is confirmed that each application is reviewed separately and based on the facts and public input, a recommendation for the Committee's and Council's consideration is developed. Thus, each application is judged on its own merit.

FINANCIAL IMPLICATIONS

N/A

SUPPORTING DOCUMENTATION

Document 1 - 300 Tremblay Road