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HomeMy WebLinkAboutPSD-091-10Staff Report #2 CIare';,~~on REPORT PLANNING SERVICES Meeting: COUNCIL Date: July 12, 2010 Resolution #: C°335 ~~ By-law #: o'lOJO- boa Report #: PSD-091-10 File #: SBA 2010-0001 Subject: REQUEST BY DURHAM CENTRAL AGRICULTURAL SOCIETY FOR AMENDMENTS TO ALL APPLICABLE BY-LAWS TO ALLOW FOR SIGNAGE WITHOUT THE REQUIREMENT TO PAY ANY FEES RECOMMENDATIONS: It is respectfully recommended to Council the following: THAT Report PSD-091-10 be received; 2. THAT the Amendment to the Municipality of Clarington Sign By-law 2009-123 as per Attachment 2 to Report PSD-091-10 be approved, pending the payment of the application fee noted in Recommendation 3; 3. THAT the request to waive the Application Fee of $1,000, plus applicable taxes required under the Schedule for Fees By-law 96-032 as amended by By-law 2010-070 for an Amendment to the Municipality of Clarington Sign By-law 2009-123, be denied; 4. THAT all interested parties listed in Report PSD-091-10 and any delegations be advised of Council's decision. Submitted by: o Reviewed by: ''~C~---~ F y .Lan mai CSLA, MCIP ranklin Wu, ct ng Director, tanning Services Chief Administrative Officer MM/FUdf/sn 7 July 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-091-10 PAGE 2 1.0 BACKGROUND 1.1 At the September 21, 2009 meeting of Council, the new Clarington Sign By-law 2009- 123 was approved to come into effect on January 1, 2010; the three month period between the passing of the Sign By-law and its taking effect was a period to allow for transition from the old by-law to the new. The new Sign By-law has been in effect for approximately six months. Active enforcement of the by-law is occurring and the Planning Services Department is processing numerous sign permit applications. 1.2 .The purpose of this report is to address the requests for amendments to any applicable by-laws to allow the Durham Central Agricultural Society (Orono Fair) to advertise on road-sides, use temporary off-site directional tourism signs, all at no cost to the Society for the amendments to the various by-laws and sign permits. The request of the Durham Central Agricultural Society (Attachment 1) submitted to the June 28, 2010 Council meeting, was referred to staff for a report. 1.3 The road-side signage is addressed by Report COD-046-10 and will apply to numerous special events and not-for-profit agencies. It consists of a corporate policy under the Road Occupancy By-law. 2.0 SIGN BY-LAW REVIEW, CONSULTATION AND IMPLEMENTATION 2.1 Review Planning Services Staff undertook the review of the Sign By-law beginning in 2007 with the collection of background information and examples from other municipalities. The process for review of the Sign By-law included extensive public input, the retention of a consultant with expertise in the matter, the involvement of other departments and the Municipal Solicitor. 2.2 Consultation 2.2.1 Public consultation was a key factor in determining community expectation in regard to signage when preparing the new Sign By-law specific to Clarington. There were five (5) stages to the public consultation for the Sign By-law review. A full explanation of the public consultation process was set out in Report PSD-051-09, the steps were: • Public Consultation Paper • Open Houses (Orono, Bowmanville, Courtice, Newcastle) • Interviews and Meetings (Councillors, stakeholders, signage company representatives) • Sign Preference Survey • Release of Draft Sign By-law and Public Meeting in May of 2009 2.2.2 The changes made to the Sign By-law following the Public Meeting in May 2009 included minor wording changes and clarifications to sign types and definitions. The only major change to the proposed new Sign By-law was with regard to election signs and the regulations regarding them. The election signage issues were addressed in By- law 2010-015 which amended the new Sign By-law. REPORT NO.: PSD-091-10 PAGE 3 2.2.3 One of the major issues raised during the consultation process was that of "mobile" or "temporary" signs. These signs are often employed by businesses and groups to notify the driving public of certain events which are transitory in nature. To address the many issues and complaints that this type of signage was creating, the Mobile Sign Business Licensing By-law 2009-124 was also approved at the same time the new Sign By-law was passed. This by-law allows the Municipality to license the companies that provide mobile signs and ensures that they are meeting the standards and regulations set out in the Sign By-law. 2.3 Implementation 2.3.1 As part of the ongoing implementation of the Sign By-law it is recognized that many community groups and agencies wish to advertise events, such as registrations, fundraisers and other activities as part of their service to the community. The municipality receives numerous requests for signage on their properties by community groups and service agencies due to the prominent locations of municipal facilities, also many of the events are held in municipal facilities, for example community halls, recreation facilities or parks. 2.3.2 The issues faced by community groups and agencies in getting their message out to the public are the same as that of the Municipality, how to effectively communicate within the confines of a tight budget. Most community groups and agencies only require signage in the weeks leading up to an event,- not over a long term. 2.3.3 To assist community groups and agencies in being able to promote their events, the municipality helped facilitate this communication while adhering to the Sign By-law 2009-123 as amended by allowing for the use of Municipal properties for mobile signs as set out in Report PSD-032-10. This approach appears to be working well for the not- for-profit agencies and the mobile sign companies. The mobile sign locations are provided on afirst-come-first-serve basis at no cost for the sign permit to the agency. 2.3.4 The issue raised by Durham Central Agricultural Society is the ability to advertise their event to the rural population in areas where no municipal properties or facilities are available. The Society has numerous private property owners who are willing to allow the installation of temporary signs on their property to advertise the Orono Fair: Private property is regulated by the Sign By-law and to allow Orono Fair to install the signage they are requesting. an amendment to the Sign By-law is necessary. 2.3.5 To assist community festivals/events with temporary signage, Report COD-046-10 proposes a Corporate Policy for the placement of signs within local road allowances that are under the ownership of the Municipality. Local road allowances are regulated under a separate and distinct By-law apart from the Sign By-law. REPORT NO.: PSD-091-10 PAGE 4 3.0 SIGN BY-LAW AMENDMENTS 3.1 The Sign By-law is subject to amendment in the same way as other by-laws. The exceptions that had been made to the previous Sign By-law have been included in the new Sign By-law (Section 9J. Since the passing of the Sign. By-law one additional site specific amendment has been applied for and granted by Council. 3.2 Staff are not adverse to having the Sign By-law amended provided that there is sound reasoning for the amendment. In this case the issues identified by the Durham Central .Agricultural Society are sound reasons. The Municipality recognizes the importance of community festivals and events and their impact on the tourism industry and the local economy. The Municipality also appreciates the unique qualities of each of the local festivals and events and the tremendous time and effort that is dedicated to organizing and operating them. Staff are cognizant of the requirements of not-for-profit groups and special events and have worked diligently to help facilitate the use of mobile signs on municipal property and also the creation of a policy framework for the use of local road allowances. 3.3 The Durham Central Agricultural Society is requesting specific amendments to the Sign By-law to address their needs and requirements much the same as other applicants that have obtained specific amendments. In similar cases the requestor is required to apply and pay the applicable fee (as set out in the Schedule of Fees). The application fee is a partial recovery for the time spent resolving the specific issue. In this case the Durham Central Agricultural Society were informed of this process and have requested Council waive the application fee for the amendment. 3.4 Staff cannot support the request of the Durham Central Agricultural Society to waive the application fee and have recommended denial of the request to waive the amendment fee of $1,000 plus applicable taxes. 4.0 AMENDMENT SPECIFIC TO DURHAM CENTRAL AGRICULTURAL SOCIETY 4.1 The Durham Central Agricultural Society has a unique challenge in getting their message out to the rural populous. As anot-for-profit they are conscious of having to contain their costs but also reach an audience that is spread over a large geographical area. In the analysis carried out on where fair attendees are coming from, how they learned (or where reminded) of the fair, signage in the rural landscape is significant: It informs both residents of the area and tourists returning from their cottages to the urban areas. This signage provides far more exposure for Orono Fair because it reaches a larger target audience at very little cost. 4.2 Off-site Directional Tourism Signs are defined in the Sign By-law as a sign "for the purpose of only identifying a name of a tourism destination, business or service and providing directions to the tourism designation, business or service and shall be erected in compliance with a Municipal Agreement". The Orono Fair signs meet this definition; however, they are also "temporary". REPORT NO.: PSD-091-10 PAGE 5 4.3 Off-site Directional Tourism Signs have to date been addressed as Off-site Directional Signs in Tables 1, 2, and 3 of Section 7 of the By-law. However, Staff. recommend, at this time, to separate these two sign types and have the Off-site Directional Tourism Signs as a specific row in the Tables (see Schedule A of Attachment 2). 4.4 It should be noted that Off-site Directional Tourism Signs will only be allowed in Agricultural areas as set out in Table 1 of Schedule A. This will restrict the use of Off- site Directional Tourism signs to agri-tourism, bed & breakfasts and other attractions in the rural area. This is in keeping with the definition set out in the Sign By-law. 4.5 Table 2 specifies that only 1 sign is allowed per property, since the Durham Central Agricultural Society signs are double faced it will be noted in the table (can be double sided). 4.6 The size of Off-site Directional Tourism Signs in the Sign By-law is limited to 1.5 m2. The Durham Central Agricultural Society purchased 20 (double-faced) signs during the 2009 season that are 2.3 m2 (4'x6') in size, this will be denoted in Table 3 with an asterisk next to the size under the agricultural column and reference made to amendment 9.15. 4.7 The Durham Central Agricultural Society are requesting an exception to the requirement of paying sign permit fees. Section 3.3 states: "Every person applying for a sign permit shall apply....[and] pay the applicable fees." The fees for temporary signs are $75.00 per sign in the 2010 Fee Schedule. For the 20 signs this would be a fee of $1,500. The fees would be applicable every year. An exception can be made for the Durham Central Agricultural Society for the 20 (double-faced) signs they currently have. Council can authorize an exception to Section 3.3. Staff recommend that the exemption be limited to these 20 signs. 4.8 Finally Section 9 will be amended by adding 9.15 which will outline the amendments being made for the Durham Central Agricultural Society. 5.0 CONCLUSION 5.1 Staff have provided the necessary by-law in Attachment 2 to amend the Sign By-Law 2009-123 to facilitate the request made by the Durham Central Agricultural Society in Attachment 1. The amending By-law will not come into force until the applicable fee has been paid. 5.2 Staff do not support the request of the Durham Central Agricultural Society that the. fee for an amendment to Clarington's Sign By-law 2009-123 be waived. 5.3 The request of the Durham Central Agricultural Society for permission to place temporary signs on the road-side is addressed by COD-04G-10; it addresses local roads. Regional roads are under the jurisdiction of the Region of Durham. Permission will have to be sought from the Region to use Regional road allowances. REPORT NO.: P5D-091-10 PAGE 6 Staff Contact: Faye Langmaid and Mitch Morawetr Attachments: Attachment 1 -Request from Durham Central Agricultural Society Attachment 2 -Proposed Sign By-law Amendment List of interested- parties to be advised of Council's decision: Sara Gilroy John Conrad Matt Stephenson s~*µ eeM1A J 9 a r e ~ s d ~L S O llY~ DURHAM CENTRAL AGRICULTURAL 2 PRINCESS STREET, P.O. BOX 90 ORONO, ONTARIO LOB 1M0 (905) 983-9520 FAX (905) 983-6391 Attachment 1 To Report PSD-091-10 SOCIETY June 25th 2010 Dear Mayor Abernethy and Councilors The Durham Central Agricultural Society will be attending the June 28`h Council meeting to get an amendment to all sign bylaws and will be requesting that the Orono Fair be exempted from all sign bylaws from Aug 1 to Sept 20 every year. It is our understanding that we would need to pay $1000 to have this amendment made to the current sign by-law. Financially we are not able to put forth $1000 for an amendment to the current sign bylaw that we were understood was not to effect non-profit organizations. In the past we have obtained a permit for our 120 signs that we place throughout Clarington at no cost as we are non-profit and have had 30days before and 2 weeks after to take them down. We have approximately 100 18"x.24" coraplast signs that we place around Clarington roads to advertise our fair which we post 30 days before and removed within 2 weeks after our fair. We also had 20 4'x 6' signs made last year to replace the cost of rental we were spending on mobile signage each year. These 4'x 6'signs were placed on Private properties throughout Clarington and removed within 1 week after the fair. Last year we were informed by the planning department before we had the 4' x 6' signs made and before the new signage by-law was passed that we would not be affected by the new bylaw as we are anon-profit organization. This is reason we had the 4' x 6' signs made for placement on private properties to lower costs. We have now discovered this year when trying to get our proper permits for our signage. That in accordance to the new bylaw we will have to pay the set fee for a signage permit, which we never had to before as well $150 per sign which would cost us for 120 signs approximately $18,000.00 for our signage. If we need to do this it would financially hurt our society in putting on the Orono fair in Orono which is now in its 158th year. For thus reason we will be bringing forth to council a request for amendment to all sign bylaws for all Orono Fair signs from Aug 1 to Sept 20 every year. With no costs to the Durham Central Agricultural Society for thus amendment. Sincerely, Mat Stephenson, President (905) 261-0646 president@oronofair.com Sara Gilroy, Chair of Promotions (905) 263-4502 promotions@oronofair.com CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- being a By-law to amend Sign By-law 2009-123, as amended of the Municipality of Clarington Attachment 2 To Report PSD-091-10 WHEREAS Section 11 of the Municipal Act, 2001, Chapter 25, as amended, provides for the amendment of By-laws regulating or prohibiting the eredicn of signs; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 2009-123, of the Corporation of the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 9 -EXCEPTIONS BY AMENDMENT is hereby amended as follows: "9.15 Notwithstanding Section 7.10 Table 3 -Maximum Sign Area, the Durham Agricultural Society be permitted a maximum of 20 Temporary Off-Site Directional Tourism Signs of a maximum 2.3 square metres in size; and notwithstanding Section 3.3, the Durham Agricultural Society be required to apply for all necessary sign permits but deemed exempt from paying sign permit fees for 20 temporary signs." 2. Section 7-ALLOWED SIGNS is hereby amended as shown in Schedule A. 3. This By-law shall come into effect once the applicable amendment application fee has been paid. BY-LAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2p10 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk SCHEDULE A TO BY-LAW NO. 2010- 7.8 SIGNS ALLOWED BY PROPERTY USE The sign and conditions under which they are allowed in property use categories shall be in compliance with Table 1 -Signs Allowed By Property Use. N =Not Allowed A =Allowed 7.9 MAXIMUM NUMBER OF SIGNS The maximum number of signs allowed on a property shall be in compliance with Table 2 -Maximum Number of Signs Allowed on a Property: 7.10 MAXIMUM SIGN AREA The maximum area of a sign shall comply with Table 3 -Maximum Sign Area.