8. SIGN BY-LAW MINOR VARIANCES -
6081 HAZELDEAN ROAD DÉROGATION
MINEURE AU RÈGLEMENT SUR LES ENSEIGNES - 6081, CHEMIN HAZELDEAN |
Recommandation du Comité
Documentation
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated 27 March 2008 (ACS2008-PTE-BLD-0017).
2.
Extract
of Draft Minutes, 22 April 2008.
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
27 March 2008 / le 27 mars 2008
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager
Directrice municipale adjointe,
Planning,
Transit and the Environment
Urbanisme, Transport en commun et
Environnement
Contact Person/Personne ressource : Sandra Garnett, Manager/Gestionnaire,
Business
Integration Services/Services d'intégration des activités
Building
Code Services Branch/Direction des services du code du bâtiment
(613)
580-2424 x 41544, sandra.garnett@ottawa.ca
SUBJECT:
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OBJET :
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DÉROGATION
MINEURE AU RÈGLEMENT SUR LES ENSEIGNES - 6081, chemin hazeldean |
That Planning and Environment Committee recommend Council approve the application to vary Sections 86, 105 and 107 of Sign By-law 2005-439, regulating setback, height and sign face area, to permit two as-built illuminated ground signs situated at 6081 Hazeldean Road, as detailed in Document 1, provided the ground sign abutting Stittsville Main Street displays the full address of the plaza (6081 Hazeldean Road).
Que le Comité de l'urbanisme et de
l'environnement recommande au Conseil d'approuver la demande de dérogation aux
articles 86, 105 et 107 du Règlement 2005-439 sur les enseignes, concernant le
retrait, la hauteur et la superficie des enseignes, afin de permettre deux
enseignes lumineuses fixées au sol déjà construites, situées au 6081, chemin
Hazeldean et décrites dans le document 1, à la condition que l'enseigne fixée
au sol contiguë à la rue Stittsville Main indique l'adresse complète du centre
commercial (6081, chemin Hazeldean).
The subject property is the Jackson Trails Centre located at Hazeldean Road and Stittsville Main Street (see Document 2). Zoning for this site is a higher intensity commercial zone, which is classified within District 4 in the Sign By-law. Since this is a shopping centre, one large ground sign is permitted with a secondary sign allowed on a different street frontage. Surrounding the mall is a mix of commercial and residential uses. This commercial centre is comprised on a main building housing multiple units and four smaller buildings near the two roadways. Two of the buildings near Sign B (see Document 4) have Stittsville Main Street address numbers.
The proposed variances are requested to legalize the as-built conditions for ground signage at the mall. Relief is sought for setback, height and area provisions in the By-law. Approval would permit an expanded signage area for the Stittsville Main Street ground sign.
The existing signs for this shopping centre were installed on site during construction of the development without receiving sign permit approvals. The sign company installed the two signs beyond the setback, height and area standards appropriate for this specific commercial complex.
As a result, the Stittsville Main Street sign (Sign B) was installed with an area of 20 square metres instead of 14 square metres (see Document 4). The By-law only permits one main ground sign for a shopping centre to have the increased area of 20 square metres, and this was already allotted to the Hazeldean frontage sign (see Document 3). The ground sign for the Hazeldean frontage was also installed too close to the access driveway.
The height of both signs exceeds the height limit due to an architectural design feature that highlights the address on both pylons. The addressing component is a requirement within the By-law, which assists in general way finding. With a small increase to the sign height of only 0.3 metres, the additional height variance considered is minor in nature.
Approval of the sign is subject to the condition that the Stittsville Main Street sign display a more detailed address to avoid confusion on this site. Sign B is intended to identify the uses on the main building for this site. However, the sign would normally have a civic number for Stittsville Main Street rather than the Hazeldean number that is displayed. To eliminate possible confusion, the condition to have the full address on this sign would increase clarity for the addressing of this site. The two Stittsville Main Street buildings will have their own addresses clearly displayed on the buildings as stated in the Municipal Addressing By-law.
A review of this application has determined that the existing signs appear to have little impact to this community and serve this multi-tenant shopping centre to identify services in the mall. Having larger signs at this shopping centre is not seen as out of place for this area of Stittsville. The current setback of 0.6 metres from the Hazeldean sign to the driveway access is acceptable in this case as there is adequate separation from the sign to the roadway.
In addition, the standard technical circulation to the public and the Department of Public Works and Services did not generate any opposition to the variance requests. Finally, the scale and location of the signs have minimal impact upon abutting intersections and traffic.
The Department is satisfied the application is in keeping with the intent of the Sign By-law and approval of the requested variances is recommended.
In response to the standard circulation to property owners, occupants, business and community groups, and the Ward Councillor, no comments in opposition to the application were received. However, the Stittsville Village Association noted the following concerns:
"As these two non-conforming signs are already up and "as-built", we are not going to suggest that they should be torn down, but it does raise the question of why the Planning Department allowed the developers to construct them oversized in the first place. Taggart Developments have been around for a long time and are well aware of the measurement specifications, by-law requirements, etc.
This, then, is nothing more than an end run around the rules where developers present the City with a non-compliant fait accompli on the assumption that the City will go along with it through a minor variance or some other planning mechanism. And their assumption is usually correct. We firmly believe that some sort of penalty should be written in to the requirements to discourage this practice."
Response to Comments
Enforcement action on non-compliant signs is initiated in response to public complaint. In addition, the Sign By-law provides for an additional surcharge levied on sign permits where the sign has been installed prior to permit approval. The additional fee is 50 per cent of the sign permit fee.
Document 1 Details of Requested Variances
Document 2 Location/Site
Plan
Document 3 Sign A Elevation (Hazeldean frontage)
Document 4 Sign
B Elevation (Stittsville Main frontage)
City Manager's Office, City Clerk's Branch to notify the applicant/agent, .Ray Neon Signs Inc., on behalf of Taggart Realty Management, 2870 Sheffield Road, Ottawa, ON, K1B 3V9 and Councillor Qadri of Council's decision. Building Code Services will process the sign permit resulting from the Council direction in accordance with Sign By-law 2005-439.
DETAILS OF REQUESTED VARIANCES DOCUMENT 1
Ground Sign A (Hazeldean Road Frontage)
Ground Sign B (Stittsville
Main Street Frontage)
LOCATION/SITE PLAN DOCUMENT
2
SIGN A ELEVATION (HAZELDEAN FRONTAGE) DOCUMENT 3
SIGN B ELEVATION (STITTSVILLE MAIN FRONTAGE) DOCUMENT
4
SIGN BY-LAW MINOR VARIANCES - 6081
HAZELDEAN ROAD
DÉROGATION MINEURE AU RÈGLEMENT SUR
LES ENSEIGNES - 6081, CHEMIN HAZELDEAN
ACS2008-PTE-BLD-0017 Stittsville-Kanata West (6)
Councillor Doucet
suggested Council should not necessarily approve applications where signs have
been installed prior to approval.
Arlene Gregoire, Chief
Building Official, explained that sign by-law minor variances are separate from
the site plan process. Developers are
encouraged to apply first and build later.
She noted a number of as built situations are being resolved as staff
are approaching the industry and enforcing the by-law.
In reply to a question
from Councillor Feltmate with respect to fines, Ms. Gregoire explained that an
upcoming report would propose a 50 per cent surcharge to the permit fee for
those situations where a sign was erected prior to the granting of minor sign
variances. The report will also touch
on delegated authority. Don Brousseau,
Senior Policy Officer, confirmed such signs have been removed in the past.
That Planning and
Environment Committee recommend Council approve the application to vary
Sections 86, 105 and 107 of Sign By-law 2005-439, regulating setback, height
and sign face area, to permit two as-built illuminated ground signs situated at
6081 Hazeldean Road, as detailed in Document 1, provided the ground sign
abutting Stittsville Main Street displays the full address of the plaza (6081
Hazeldean Road).
CARRIED
YEAS (7): M. Bellemare, S. Desroches, J. Harder, D. Holmes, B. Monette, P. Feltmate, P. Hume
NAYS (1) C. Doucet