CITY COUNCIL AGENDA REPORT

Transcription

1 CITY COUNCIL AGENDA REPORT Subject: PROPOSED DIGITAL MESSAGING CENTRES - ST. ALBERT CHAMBER OF COMMERCE Recommendation(s): 1. That the St. Albert Chamber of Commerce undertake public consultation in the form of a written notice to all properties within 100 meters of each proposed digital messaging centre location in order to advise property owners of the sign details and address any questions or concerns and provide a summary of the outcome of this public consultation to City Administration. 2. The City Manager may, if satisfied with the outcome of the public consultation process, negotiate and approve an agreement with the St. Albert Chamber of commerce to allow for placement of two digital messaging centres within public right of way at locations satisfactory to both parties. The said Agreement shall include the following provisions in order to regulate the signs: a) Maximum sign height of 6 meters for the sign at Hebert Road and St. Albert Trail; b) The sign south of Villeneuve Road shall not exceed the height of the adjacent noise attenuation wall; c) Maximum sign display area of 7.5 square meters; d) The signs shall only be permitted to project static messages, figures or images; e) The signs shall operate with a minimum copy change interval of no less than six (6) seconds; f) Copy change transitions shall be instantaneous; g) Illumination levels shall not adversely affect traffic and/or any adjacent residential areas; h) Each sign shall include a dimming feature that will automatically reduce the brightness level to adapt to the ambient light level. i) The back portion of each sign shall be finished in materials that are consistent with the finishing of the front of each sign. 3. That Motion C , as follows, be rescinded: That the definition for Video Signs be amended to reflect the Capital Region standard title of Animated Signs and allow this sign component as a discretionary use to the Freestanding Sign and Billboard Sign uses of Section C.6 - Regulations for Specific Types of Signs. Furthermore, under Section C.6, add Animated Signs as a use itself and provide detailed regulations to be associated with this sign type. These regulations are to include the number of signs allowed, being limited to two locations, the time for static images to be displayed, the level of brightness of the lights to be determined, and other relevant guidelines. City Administration is to work together with the St. Albert Chamber of Commerce to ensure that both parties discuss these detailed regulations before they come to City Council. This proposed bylaw is to relate to the Chamber of Commerce only and come back to City Council for first reading by the end of September September 27, 2010/Page 1

2 Report Summary: This Report addresses how two digital messaging centres, as proposed by the St. Albert Chamber of Commerce, can be accommodated within the public right of way; one at the intersection of St. Albert Trail and Hebert Road and the other to the south of the Villeneuve Road and St. Albert Trail intersection. Administration does not support the addition of this form of signage at this time but has outlined in the Report how the Chamber s request can be facilitated, as per the direction provided by City Council on June 21, Legislative History: On May 3, 2010, City Council passed the following motion: (C ) That Administration prepare a report for consideration by Council at its June 21, 2010 meeting on required amendments to the Land Use Bylaw to allow for Electronic Video Messaging Signs in a fashion consistent with other communities in the Capital Region; on amendments to the agreement with the Chamber of Commerce for the Chamber's digital messaging sign on Hebert Road and St. Albert Trail to allow for an electronic video messaging sign consistent with the proposed Electronic Messaging Sign amendment to the Land Use Bylaw; and that the report include the implications of both electronic video messaging sign matters. On June 21, 2010, City Council passed the following motion: (C ) That the definition for Video Signs be amended to reflect the Capital Region standard title of Animated Signs and allow this sign component as a discretionary use to the Freestanding Sign and Billboard Sign uses of Section C.6 - Regulations for Specific Types of Signs. Furthermore, under Section C.6, add Animated Signs as a use itself and provide detailed regulations to be associated with this sign type. These regulations are to include the number of signs allowed, being limited to two locations, the time for static images to be displayed, the level of brightness of the lights to be determined, and other relevant guidelines. City Administration is to work together with the St. Albert Chamber of Commerce to ensure that both parties discuss these detailed regulations before they come to City Council. This proposed bylaw is to relate to the Chamber of Commerce only and come back to City Council for first reading by the end of September Report: Background Upon further review of the motion passed by City Council on June 21, 2010, two issues became apparent: 1. Based on the wording contained within the Motion, City Council wishes to accommodate only the two Chamber of Commerce signs at this time, rather than opening up the Land Use Bylaw to allow digital signs on a broader basis; and 2. Any proposed amending bylaw to the Land Use Bylaw that is to relate to the Chamber of Commerce only could be viewed as discriminatory i.e. favoring only one group; and may be open to challenge. In view of the above issues, it was determined that the direction provided by Council on June 21, 2010, essentially to accommodate only the proposed Chamber signage, could be carried out in a fashion that would not require an amendment to the Land Use Bylaw. In this regard, Section C.2 of Schedule C (Sign Regulations) reads in part as follows: September 27, 2010/Page 2

3 this schedule does not apply to municipal signs or signs that are posted, placed or erected in accordance with a contractual arrangement between the City and another party. Section 51(2) of the Traffic Bylaw similarly exempts municipal signs or signs that are under a contractual arrangement with the City from the provisions of Part 8 (Signage) of the Traffic Bylaw. Consequently, a formal agreement between the City and the St. Albert Chamber of Commerce can be utilized to allow for the two proposed digital messaging centres to be constructed within City right of way. As the owner of the road right of way, the City can specifically regulate the use of the signs through such an agreement. No amendments to the Land Use Bylaw or the Traffic Bylaw would be required in order to allow for the signage to be erected under a contractual arrangement. Internal Referral The Chamber s signage proposal was circulated internally to obtain feedback from various City Departments and the following is a summary of the comments received from the Departments that responded: Business and Tourism Development: - Supports the addition of digital signage in general but questions the appropriateness of allowing it for only one entity and further questions if such exclusivity creates an unfair business advantage for the one proponent. Engineering: - Opposed to the proposed signage from a transportation safety perspective. Driver distraction is one of the main causes of traffic collisions. Signs within the road corridor should be considered with a hierarchy of importance in mind. Regulatory and traffic control signage should be the highest priority. Additional details are noted under Discussion on page 4 of this report. Legal Services: - Advises that any proposed Land Use Bylaw amendment that is to relate to the Chamber of Commerce only could potentially be viewed as discriminating in favor of one group and such a Bylaw could be open to challenge. Planning Branch: - Approval of this form of signage may set a precedent and lead to additional requests coming forward. Construction of these messaging centres within the public right of way could potentially compromise future corridor planning i.e. impact on placement of buildings, infrastructure, etc. in moving towards a more transit-friendly corridor. Transit: - St. Albert Transit has an agreement with Pattison Outdoor to allow them to place advertising on buses and shelters. Should the signage be approved for the Chamber, it is likely that Pattison will submit a request to erect digital signage at the St. Albert Center Exchange and the Village Transit Station. Comparison to Other Municipalities The Agenda Report considered at the June 21, 2010 City Council meeting provided research in regards to how other municipalities in the Capital Region were treating digital signage. It was noted that with the exception of Strathcona County (and St. Albert), most other communities in the Region are allowing digital signage to varying degrees. Following the adoption of Motion C on June 21, 2010, an Information Request was put forward as follows, essentially to look at other municipalities beyond the Capital Region on the same issue as well as identifying the locations being proposed for the Chamber signage: September 27, 2010/Page 3

4 Administration was requested to confirm the specific locations of the proposed digital messaging centres for the Chamber of Commerce and provide information on trends and best practices of other Alberta municipalities relative to video/animated signage. A response to the Information Request was submitted on July 16, 2010 and identified the locations of the proposed signs (see Attachment 1) and also stated that the trends and best practices of other Alberta municipalities would be addressed as part of this Report. In preparing this research, Staff contacted and consulted with 7 larger municipalities in the Province regarding digital signage and a summary of the research is outlined on Attachment 3. Information was also obtained from some of the sign companies in regards to the industry s standards and operating procedures for digital signs. In reviewing the information outlined in Attachment 3, it is evident that there are no clearly identifiable best practices as the treatment and regulation of digital signage varies considerably between the municipalities. Perhaps this is not surprising given that the use of this form of signage is still relatively new. Some noteworthy trends would include that the use of this form of signage is becoming more commonplace and that of the 7 municipalities surveyed, 4 are presently undertaking reviews of their regulation of digital signage. Some municipalities readily acknowledge that their present Land Use Bylaw regulations are either ineffective or have too many loopholes and this has contributed to the need for reviews. There was also an indication that some are awaiting the outcome of the Edmonton and Calgary reviews in particular, given that digital signage is most common in the two largest centers and the adoption of new or revised regulations in each City will likely represent the latest and presumably most effective means to regulate this form of signage (this may be an option that City Council may wish to consider). Consultation with Chamber of Commerce The majority of the provisions identified in Recommendation No. 2 above were derived based on the research associated with other municipalities together with some common sign industry standards. The provisions have been reviewed with the Chamber and consensus has been reached on most of the proposed regulations with the exception of the sign display area. Administration has identified a maximum sign display area of 7.5 square meters, consistent with the maximum allowed for freestanding signs in the City, whereas the Chamber desires a sign display area of 11.7 square meters. The final determination on the sign area and other proposed regulations may be at City Council s discretion. Discussion Based on the comments received in response to the internal referral of the proposed digital messaging centres, there remain concerns from some Departments in regards to the appropriateness of allowing this form of signage for only one group and the potential precedent setting nature of approving this request. Perhaps most notable is the position of the Engineering Department, opposing the proposed signage from a transportation safety perspective. With respect to the issue of transportation safety, even though this Report has outlined how the digital messaging centres can be exempted from the Land Use Bylaw and the Traffic Bylaw, City Council should still be mindful of the provisions of Section 52(c) of the Traffic Bylaw which state that no sign shall be placed such that it interferes with the safe or orderly movement of Pedestrians or Vehicles. In this regard, it is interesting to note that the said Bylaw also prohibits small garage sale signs and open house signs from being placed on City boulevards within 30.5 m of any intersection and yet the relatively large digital messaging centre proposed for the St. Albert Trail and Hebert Road location is to be placed right at the intersection. While the jury may still be out on possible direct linkages between digital signage and collisions, most research to date acknowledges there is a level of driver distraction associated with this form of signage. Given that the intersection of St. Albert Trail and Hebert Road has the highest incidence of motor vehicle collisions in the City, addition of a digital messaging centre right at the intersection would appear to be counter productive with ongoing initiatives to improve traffic safety at this location. September 27, 2010/Page 4

5 Options In terms of options, Council may wish to delay approval of the Chamber of Commerce signage proposal in order to allow time for best practices to become more clarified in regards to digital signage. As it presently stands, some of the municipalities surveyed appear to find themselves in a position of catch-up in trying to better regulate this form of signage and such a situation could be avoided in St. Albert. A broader review of the sign regulations within the Land Use Bylaw may be an option to consider although the scope/resources/timing for any such review would have to be given due consideration. As a minimum, a more appropriate location for the southerly digital messaging centre should be explored, away from the St. Albert Trail and Hebert Road intersection. Recently, the City of Spruce Grove undertook an RFP process to obtain proposals from major sign companies to construct and manage an electronic billboard along Highway 16A on a site to be provided by the City, within public right of way. The sign company is to solicit and produce commercial advertising while the City will receive up to 20% of the display time on the billboard for community related messaging. Rent will be paid to the City at a rate of 15% of gross advertising sales. A similar process and/or rental rate could be an option that City Council may wish to consider for St. Albert. Public Consultation With the two proposed signs deemed to be exempt from the signage provisions of both the Land Use Bylaw and the Traffic Bylaw and in the absence of any required amendments, there is no requirement for a Public Hearing on this issue, nor is there any requirement for public notification. There is also no permit required for either of the signs. Consequently, Administration believes it would be prudent for the Chamber to undertake public consultation in order to provide notification to nearby property owners to advise of the sign details and address any comments, questions or concerns. This is reflected in Recommendation No. 1. Conclusion Administration does not support the addition of digital signage within the City at this time however; in accordance with the direction provided by City Council on June 21, 2010, the above recommendations are submitted for Council s consideration. Attachments: 1. Proposed Locations for Digital Messaging Centres 2. Digital Messaging Centre Design 3. Summary of Digital Sign Regulations in Other Municipalities Report Date September 17, 2010 Originating Department Planning and Development A/City Manager Review Chris Jardine September 27, 2010/Page 5

6 Attachment 1

7 Attachment 2

8 Attachment 3