REQUEST FOR DECISION
DATE: February 17, 2021 Report No. DEV-21-009
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Variance Permit - 1151 Esquimalt Road (Archie Browning Sports Centre - sign) End
RECOMMENDATION:
Recommendation
That Council resolves that Development Variance Permit No. DVP00107 [Appendix A of staff report DEV-21-009] authorizing a new freestanding sign with animated video display, to be located adjacent to the Esquimalt Road entrance to the Archie Browning Sports Centre, consistent with the plans provided by Graphic FX Signworks stamped “Received January 12, 2021”, the landscape plan provided by Esquimalt Parks staff stamped “Received August 7, 2020”, located as shown on the BCLS Site Plan provided by Wey Mayenburg Land Surveying Inc. stamped “Received September 14, 2020”, and to be operated according to the “Operating Guidelines” provided by Esquimalt Recreation staff stamped “Received January 13, 2021; including the following variances be approved, and staff be directed to issue the permit and register the notice on the title of the property 1151 Esquimalt Road [PID 001-114-239; Lot 1, Section 11, Esquimalt District, Plan 14686];
Vary Sign Regulation Bylaw, 1996, No. 2252, Part 6 - Prohibitions - to allow the Freestanding Sign to occasionally have third-party advertising (for community event related advertisers) and therefore, act as a billboard
Vary Sign Regulation Bylaw, 1996, No. 2252, Part 7 - General Provisions - Section 9.8.1 - to allow the Freestanding Sign to be located on a property frontage of less than 30 metres (i.e., property has a 7.62 metre frontage on Esquimalt Road)
Vary Sign Regulation Bylaw, 1996, No. 2252, Part 7 - General Provisions - Section 9.8.2 (a) - to allow the Freestanding Sign to be located within 20 metres of a residential zoned property (i.e., from 30 metres to 20 metres)
Vary Sign Regulation Bylaw, 1996, No. 2252, Part 7 - General Provisions - Section 9.8.2 (b) - to allow a Freestanding Sign to be located 1.4 metres from a property line (i.e., from 2.0 metres to 1.4 metres)
Vary Sign Regulation Bylaw, 1996, No. 2252, Part 7 - General Provisions - Section 9.8.2 (c) - to allow the Freestanding Sign to be larger than the landscaped area in which it sits. (i.e., sign area of 30.54 m2 and landscaped area of 29.95 m2)
Vary Sign Regulation Bylaw, 1996, No. 2252, Part 7 - General Provisions - Section 9.8.3 (b) - to allow the area of the Freestanding Sign to be greater than 20 square metres (i.e., from 20 m2 to 30.52 m2)
Body
RELEVANT POLICY:
Declaration of Climate Emergency
Official Community Plan Bylaw, 2018, No. 2922 [OCP]
Sign Regulation Bylaw 1996, No. 2252
Development Application Procedures and Fees Bylaw, No. 2791, 2012
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
Local Government Act
STRATEGIC RELEVANCE:
Excellence in Public Service: Engage, respect and respond to the needs of our community.
BACKGROUND:
Appendix A: DVP00107
Appendix B: Air photo and “Freestanding Signs” section of Bylaw 2252
Appendix C: Sign plans, site plan, landscaping plan, visibility study
Appendix D: Operating guidelines
Appendix E: Notice mailed February 8, 2021
Appendix F: Applicant’s presentation
Purpose of Application:The applicant is requesting variances to the Sign Regulation Bylaw 1996, No. 2252 to allow the installation of a new “Freestanding Sign” (pilon sign) with video display to replace the smaller existing manual display freestanding sign. The new sign would also be used by Esquimalt Recreation staff as a billboard for third party advertising on occasion, when connected with a community event. The development variance permit is required before a sign permit can be issued for the installation of the sign.
Context:
Applicant: Brock Abel, Graphic FX Signworks
Owner: Township of Esquimalt
Designer: Graphic FX Signworks
Property Size: 18,126.13 m2
OCP Land Use Designation:
Current: Institutional
Proposed: Institutional
Zone: Public/ Institutional [P-1]
Existing Land Use: Archie Browning Sports Centre
Surrounding Land Uses:
North: Residential
South: Residential
East: Commercial
West: Commercial
Official Community Plan Analysis:
Not in a development permit area for form and character therefore not requiring a development permit.
Sign Bylaw Analysis:
The proposed ‘Freestanding Sign’ (pilon sign) will replace the freestanding sign that has existed in this location for years. Sign Regulation Bylaw, 1996, No. 2252 <https://www.esquimalt.ca/government-bylaws/bylaws-enforcement/bylaws/sign-regulation-bylaw-consolidated> provides regulations for the placement and size of signs, prohibits signs that have a third-party advertising, billboards, and limits the amount of animation on signs. The bylaw is twenty-five years old and does not foresee the potential impacts from large video terminals (LED display screens). The sign by its size meets the requirement that no more than 25 percent of the display surface would be animated. The size of the sign and the proposed location adjacent to Esquimalt Road, on a very narrow frontage of the Archie Browning Sports Centre property, necessitate the variances being requested.
Comments from Other Departments:
Community Safety Services (Building Inspection): Project requires the services of a BC Architect. No other concerns. Subject to review for Building Code and Bylaw compliance at time of Building Permit application.
Engineering Services: The proposed sign will not impact the engineering aspects of this property.
Police: A digital screen will distract drivers as they pass by and could pose as a safety hazard especially if they show a video or animation etc. Would support digital signage with letters, numbers, and showy bright lights; however, would not support a TV screen approach with moving animation or anything that moves.
Comments from The Advisory Planning Commission: This application was considered at the regular meeting of the Advisory Planning Commission [APC] held on January 19, 2021. The APC members supported this application and recommended approval for the following reason:
“The sign will be a nice addition to the community and will provide valued signage and information to the community.”
The decision was not unanimous with some members expressing concerns about the sign’s illumination (light pollution), the impact on road safety from the animation, and that other business in Esquimalt may request similar signs.
Timeline:
August 7, 2020 - Application received
September 2020 - Development Services staff request further information
January 19, 2021 - Advisory Planning Commission provides a recommendation and comments
February 8, 2021 - Mail notices sent
ISSUES:
1. Rationale for Selected Option
The existing sign is falling apart and needs to be replaced.There is considerable evidence that signs and particularly digital signs with animation can be distracting for drivers and can increase risk for road users; therefore, the Esquimalt Recreation department has developed ‘Operating Guidelines’ for the proposed sign’s digital display (Schedule B of DVP00107 and Appendix D).
The Advisory Planning Commission has recommended approval with some concerns. It has been suggested that the guidelines should include some seasonal lighting level adjustment.
2. Organizational Implications
This Request for Decision is a Parks and Recreation Department initiated project.
3. Financial Implications
Construction value of $90 000.00.
4. Sustainability & Environmental Implications
This Request for Decision represents minimal sustainability and environmental implications.
5. Communication & Engagement
As this application includes a Development Variance Permit, notices were mailed to owners and occupiers of parcels within 50 metres [164 ft.] of the subject property. Notices were mailed on February 8, 2021 indicating that Council would be considering the requested Development Variance Permit on February 22, 2021.
ALTERNATIVES:
1. That Council resolves that Development Variance Permit No. DVP00107 [Appendix A] be approved, and staff be directed to issue the permit and register the notice on the title of the property located at 1151 Esquimalt Road [PID 001-114-239; Lot 1, Section 11, Esquimalt District, Plan 14686].
2. That Council resolves that Development Variance Permit No. DVP00107 [Appendix A] be approved with conditions, and staff be directed to issue the permit and register the notice on the title.
3. That Council deny Development Variance Permit No. DVP00107 [Appendix A], with reasons.