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Home My WebLink AboutPSD-162-04 ..,"'" CJ~illgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 6, 2004 Report #: PSD-162-04 File #: S2004-022 {{os#' t;fl/l--1QO-OLf By-law #: Subject: SIGN BY-LAW MINOR VARIANCE APPLICATION TO PERMIT A HIGHER AND LARGER PYLON SIGN APPLICANT: 762224 ONTARIO LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-162-04 be received; 2. THAT the application for a minor variance to the Municipality of Clarington Sign By-law 97-157, as amended, submitted by Harry Schillings behalf of 762224 Ontario Limited to permit a pylon sign with a height of 9.0 metres and a sign area 9.93 sq.m. be APPROVED; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: i'/', f___ Reviewed by J rome, M.C.I.P.,R.P.P. In Wu r, Planning Services Chief Administrative Officer RH*CP*DC*df 30 November 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 6lhJu It) REPORT NO.: PSD-162-04 PAGE 2 1.0 BACKGROUND AND PROPOSED MINOR VARIANCE 1.1 The subject property is located at 8262 Highway 35/115 (See Attachment 1). Existing uses include a PetroCanada gas station and diesel cardlock facility. Site plan approval was granted on September 27, 2004 to permit a Tim Horton's restaurant with a drive through facility on the property. The building is almost completed and is scheduled to open on December 20, 2004. With approval of the Tim Horton's restaurant on the subject lands, the applicant has demolished the former Noone's restaurant, which was also located beside the gas station. 1.2 As part of their corporate policy, Tim Horton's requires that its restaurants either have a separate pylon sign at the street or signage on an existing pylon sign located on the subject property. 1.3 In order to consider Tim Horton's signage request, Staff received an application from Harry Schillings on behalf of 762224 Ontario Limited on October 7, 2004 for a minor variance to Sign By-law 97-157. The proposed amendment is to recognize an existing pylon sign with a height of 9.0 metres instead of the maximum sign height of 7.5 metres and a sign area of 9.93 square metres instead of maximum sign area of 7.5 square metres. This corresponds to a proposed height increase of 20.0% and a proposed sign area increase of 32.4%. The applicant proposes to replace two existing sign panels that are no longer necessary with signage for "Tim Horton's" (See Attachment 2). 1.4 For Council's information, Staff approved Sign Permit S2003-008 for 762224 Ontario Limited on March 25, 2003, which permitted a pylon sign on the subject lands with a maximum height of 7.5 metres and a maximum sign message area of 7.5 square metres. Since the Highway 35/115 is under the jurisdiction of the Ministry of Transportation, the applicant also required approval for the pylon sign from the Ministry. The Ministry's signage policy permits a total maximum sign area of 46.45 square metres for the entire site. The Ministry approved the existing pylon sign configuration on April 30, 2003 based on the total allowable sign area of 46.45 square metres for the site. The Ministry approval does indicate that the approval is subject to compliance with all municipal by-laws. This implies that where a municipal jurisdiction has a more restrictive standard, this standard shall apply. In this instance, the applicant erected the pylon sign with the largest approval. 2.0 SIGN BY-LAW PROVISIONS 2.1 The Sign By-law permits a pylon sign with a maximum height of 7.5 metres and a maximum sign area of 7.5 square metres. Although the Sign By-law grants the Director of Planning Services discretion to vary the maximum permitted height and size of the sign by 10% through site plan approval, this would only permit a maximum height of 8.25 metres and a maximum sign area of 8.25 square metres. Since the applicant seeks a pylon sign with a height of 9.0 metres and a 69~tj/b '-.. REPORT NO.: PSD-162-04 PAGE 3 sign area of 9.93 square metres, a minor variance to the Sign By-law is required to recognize the existing sign and to permit Tim Horton's to place signage on the existing pylon sign. 2.2 Section 15 of the Municipal Act, Subsection 4 allows Council to pass a sign by- law to regulate signage. Staff advise Council that a variance may granted if, in the opinion of Council, the general intent and purpose of Sign By-law 97-157 is maintained. 3.0 AGENCY COMMENTS 3.1 The Building Division advised that a building permit is required for the existing sign. The applicant will have to submit structural drawings for approval. 3.2 Clarington Emergency Services and The Ministry of Transportation advised that they have no objections to the existing sign or the replacement of two existing sign panels with signage for Tim Horton's. 4.0 COMMENTS 4.1 The purpose of the application is to recognize the existing pylon sign with a maximum height of 9.0 metres and maximum sign area of 9.93 square metres. The pylon sign provisions in the Sign By-law were intended primarily for urban situations where, given the number of smaller commercial lot frontages: . there is greater potential for signage; and, . signage is located closer to the street. Under these circumstances, height and sign area restrictions on pylon signage from an urban design perspective is necessary and appropriate. Since traffic along Highway 35/115 is permitted to travel at a higher speed than in urban areas, signage must be larger to allow vehicles an appropriate amount of time to decelerate to access the property. The requested variance is acceptable to staff. 4.2 Should this application be approved by Committee and Council, the applicant will be required to fulfil all above-noted agency requirements and submit a sign permit application for approval with the Municipality for the existing pylon sign with the proposed Tim Horton's signage. 5.0 CONCLUSIONS 5.1 Staff recommends that the minor variance to Sign By-law 97-157 for a pylon sign with a maximum height of 9.0 metres and maximum sign area of 9.93 square metres is minor in nature and should be APPROVED. 6 f} '.' i,'.. ., ....v....uv ~ REPORT NO.: PSD-162-04 PAGE 4 Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Pylon Sign Interested parties to be notified of Council's decision Harry Schillings Mark Bradley 69;)u01 LOT 26 LOT 25 LOT 24 ATTACHMENT 1 LOT 23 SKELDING I , I ! I I J I i 1 I I i I i I I!) 1 1 I I NI 1 I 1 01 I i I zl 1 <(, 1 Vi I!) I I I NI ~ I I ! I (1)1 ~ I I "- 1 H I!) i 31 I""l 1 zll ~ WI! 3:: WI I :r: 00 ~II 0 :r: Z all 0 W en Uj Cf) Zl W ~! U Z 0 0 ...JI ~I () d 0 0 <( ~ <(I 0 0, 0::: 0:::' 0::: I 1 z z ~_;' 0 :J (I) ...J 1 ! ~ <( I I 0 I 1 I i I 1 ! CONCESSION ROAD 8 I I Il D 8262 Highway 35/115 Southbound · Proposed Location of Petro-Canada Sign Clarke Key Map S 2004-022 C! C ,. ". u U' v l; ~) :... >, i N III .... - ;:;; C> ATTACHMENT 2 ~ 3176 24aO I AREA OF PETRO-CANADA BURST = 6.20 sq.m. ~ . flU.ER ANI) RETAlNf:R PAINTED WHItt pcp ~ l~ AREA OF MESSAGE PANELS = 3.73 sq.m. in .. to- Self - ~ ~ to- Diesel ~ ... ~ ~ ~ ... I'! ~ IE!:! lVC'UC1t1j.. DRIVE THRU 1880 9.0m HIGH Lei PYLON SIGN ~ Total Area Per Side: 9.93 sq.m. Proposed Petro-Canada Sign S 2004-022 6D ~:-" , )