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HomeMy WebLinkAboutPSD-086-05 Cl~mgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 20, 2005 Report #: PSD-086-05 File #: SBA 2005-001 f{e~/I: (!/,4'cXf / -r:;; By-law #i;2CO::;' Id 7 Subject: SIGN BY-LAW AMENDMENT APPLICATION APPLICANT; FAIRHAVEN INVESTMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-086-05 be received; and 2. THAT the sign by-law amendment application submitted by Fairhaven Investments Inc. on behalf of Laberimi Holdings Inc. to permit two wall signs with a total sign area of 8.36 square metres, be APPROVED for a maximum of 1 year to June 27,2006; 3. THAT the attached by-law be APPROVED by Council; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D i , Creme, MCIP, R.P,P. Director of Planning Services Reviewed byO..... -fLQ. ~ ~ Franklin Wu. Chief Administrative Officer BMR*CP*FL *df 13 June 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-086.05 PAGE 2 1.0 LEGISLATION 1.1 Section 99 of the Municipal Act allows Council to authorize amendments to the Sign By- law, if in the opinion of Council. the general intent and purpose of the by-law is maintained 2.0 BACKGROUND AND PROPOSED AMENDMENT 2.1 On May 25, 2005 Peter Pitino of Fairhaven Investments Inc. on behalf of Laberimi Holdings Inc, submitted a sign by-law amendment application to permit the construction of two wall signs totalling 8.36 square meters in area. 2.2 The subject lands area located at 161 King Street East in Bowmanville (see attachment 1). The property, owned by Laberimi Holdings Inc, is a mixed use structure with commercial on the first floor, and a residential dwelling on the second floor. The applicant is using the first floor commercial area as a sales office for a new residential development in the area of Hunt Street and Victoria Street in Bowmanville. 2.3 The sign by-law currently permits a single ground or pylon sign 7.5 square metres in size, and a single wall or window sign with a total area of 3.75 square metres, or 10% of the wall area. A wall area of 55.74 square metres was calculated based on the first floor wall area, as the upper floor is a separate unit. The total wall area would permit the construction of a 5.57 square metre sign. 2.4 A sign permit for a 2.9 square metre sign was issued on May 10, 2005. At that time, the applicant proposed additional signage, and was informed of the process for attaining approval of the additional signage. This application is a result of those discussions. 2.5 The applicant's request is to allow for two wall signs totalling 15% of the 55.75 square metre wall. The requested 8.36 square metre signage would be a 50% increase in permitted sign area. The total sign area would include the existing 2.9 square metre sign, as well as a proposed second 5.46 square metre sign which is to occupy the area of the ground floor window. 3~ STAFF COMMENTS 3.1 Although the existing development was approved prior to the implementation of a sign by-iaw, a major goal of Sign By-law 97-157 is to limit excessive commercial signage along roadways in Clarington. The by-law permits one ground or pylon sign, and one wall or window sign. 3.2 The site is located in an older area of Bowmanville with prominent street related commercial development. As a result, the site is not conducive to the placement of a ground or pylon sign. 3,3 Staff does not wish to establish a precedent for the introduction of large single business signage in the Bowmanville East Main Central Area, however, given the temporary REPORT NO.: PSD-086-05 PAGE 3 nature of the new home sales office use, and the applicants concurrence to not erect a ground or pylon sign on the site or other wall or window signs, staff is willing to support the sign by-law amendment to permit a second wall sign and to increase the maximum allowable sign area from 5.57 square metres to 8.36 square metres, for a period of one year only. The applicant will determine at that time if a further extension is required and needs to be applied for. 4.0 CONCLUSION 4.1 Staff respectfully recommend that this application be APPROVED for a second wall sign, and signage area totalling 8.36 square metres for a period of three years, provided the applicant enter into an agreement with the Municipality that no ground pylon sign will be constructed while this approval is in place. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Wall Sign Attachment 3 - Proposed Sign By-law Amendment List of interested parties to be advised of Council's decision: Lawrence Avery Peter Pitino ATTACHMENT 1 05 1 I I- 0:: 0 z O'l I- C'J J llJ llJ 0:: I- CIJ 9 10 ~ co 0:: <0 llJ "- 0 a:l OJ ...J r- f'r) ..-- 2 '" ..-- ~ ..-- I I- :J 0 CIJ I- C\J~ llJ w '<;f-f'r)(:f?"i-C\J ~ 0:: f'r)f'r) '<;f- I- C\J C\J CIJ QUeeN STReeT 32 b.;<:::J n L[) O'l ,....... ~ '<tn L[) C'J C'J C'J r- W <0\ I C'J 38 a:l ...J 42 46 . 161 King Street East, Bowmanville Bowmanville Location Map SBA 2005-001 " '.."! 4..' ATTACHMENT 2 to Report PSD-086-05 ~ft'\4 5 i ~n hi :11 AI1 tj I 2 ,r( ;0 . ATTACHMENT 3 to Report PSD-086-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- being a by-iaw to amend Sign By-law 97-157, as amended of the Municipality of Clarington WHEREAS Chapter 25, Subsection gg of the Municipal Act, S.O. 2001, as amended, provides tor the amendment of By-laws regulation or prohibiting the erection of signs and provides for the charging of fees for inspection and/or issuing of permits and for the pulling down or removal of contravening signs; WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 97-157 as amended, of the Corporation of the Municipality of Clarington; NOW THEREFORE BE IT RESOVED THAT the Council of the Corporation of the Municipality of Clarington enact as follows: 1, Section 4.4 - EXCEPTIONS is hereby amended as follows: "4.4.7 Notwithstanding Section 4.3 Tabie B and Table C, one additional identification sign may be permitted on the north building face of 161 King Street East, in Bowmanville for Fairhaven Investments Inc. referred to as "NorthStar Homes", The total maximum sign area for wall signs shall not exceed 8.36 m'. This signage shall be permitted for a period of one year, and shall expire on June 27, 2006" 2, That this By-law shall come into effect upon being approved by the Municipality of Clarington, BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk