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Bylaw 18/2018 - Land Use Bylaw Amendment - Schedule C (2nd & 3rd Reading)
Presented by: Chantelle Malo, Development Officer I
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RECOMMENDATION(S)
recommendation
That the Public Hearing on Bylaw 18/2018, be closed.
That Bylaw 18/2018 being amendment 161 to Land Use Bylaw 9/2005 be read a second time.
That Bylaw 18/2018 being amendment 161 to Land Use Bylaw 9/2005 be read a third and final time.
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PURPOSE OF REPORT
The purpose of this report is to address the December 4, 2017, motion to amend Schedule C to revert to previous language.
COUNCIL DIRECTION
On December 4, 2017, Council moved the following motion:
(CM-17-108)
That Schedule C-Sign Regulations Bylaw, Section 18(e) is amended to reinstate the limitation that is applied to C2, RC and CC districts only.
BACKGROUND AND DISCUSSION
Schedule C of the LUB regulates all signage within the City of St. Albert. On September 5, 2017, Council approved amendments to Schedule C (Sign Regulations) of the Land Use Bylaw 9/2005 (LUB), including amendments pertaining to ‘Portable Signs’. Specifically, Section 18 of Schedule C speaks to ‘Portable Signs’. A portable sign is defined as, “a temporary sign, with changeable copy, designed to be readily relocated.”
Prior to September 5, 2017, the previous sign regulation did not place a limit on the number of portable signs allowed on CIS or C1 districted properties. The only requirement was that a separation distance of no less than 30m from another portable sign be maintained. However, in the C2, RC and CC Land Use Districts, portable signs were limited to a maximum of one (1) per site where the street frontage of the property was less than 30m, and two (2) per site where the street frontage of the property was more than 30m.
The possibility of a proliferation of portable signs within the CIS Land Use District, and to a lesser degree, within the C1 Land Use District, was a prime consideration when the current regulation, as amended on September 5, 2017, was introduced. By putting a cap on the total number of portable signs which could, in theory, be located within the CIS and C1 Districts, the underlying land use control principles of fairness and consistency, were supported. It (the regulation) reflects an intent to be fair and consistent regarding the placement of portable signs in all Commercial Land Use Districts, in that a maximum of two (2) portable signs per property is allowed. An additional consideration with the introduction of the amended regulation, was the impact on existing businesses (be it advertisers themselves, or advertising agencies/service providers). This was considered minimal, as three properties only were affected, which resulted in a reduction of one sign on each of the three properties. Thus, three portable signs less in the City.
For clarity, prior to September 5, 2017, this Section (formerly Section (15)(d)) read:
“(15) Portable Sign
(d) In C2, RC and CC districts, portable signs are limited to a maximum of 1 sign for sites with frontages up to 30 m. (BL24/2009)”
As amended by Bylaw 33/2017, the current wording of Schedule C - Section (18)(d) reads:
“(18) Portable Sign
(d) Portable signs are limited to a maximum of 1 sign for sites with frontages up to 30 m.”
For clarity, prior to September 5, 2017, this Section (formerly Section (15)(e)) read:
“(15) Portable Sign
(e) In C2, RC, CC districts, portable signs are limited to a maximum of 2 signs per site for sites with frontages greater than 30 m, but in no case is more than 1 sign per business allowed.”
As amended by Bylaw 33/2017, the current wording of Schedule C - Section (18)(e) reads:
“(18) Portable Sign
(e) Portable signs are limited to a maximum of 2 signs per site for sites with frontages greater than 30 m, but in no case is more than 1 sign per business allowed.”
On November 6, 2017, Councillor Hughes made a notice of motion regarding Schedule C Section 18(e) to address a concern raised in an email from a sign company representative. Accordingly, an Administrative Backgrounder report was completed and presented before Council on December 4, 2017.
The immediate result of the recent amendment is that it safeguards that parcels located in the C1 and CIS Land Use Districts, are now regulated in the same manner as those parcels located along St. Albert Trail (within the Corridor Commercial (CC) Land Use District), and those parcels located in the Regional Commercial (RC) and in the General Commercial (C2) Land Use Districts. This means that all parcels where portable signs are identified as a permitted or discretionary use, are equally regulated at a maximum of one (1) or two (2) portable signs per site, depending on their available frontage.
Administration recommends that Council not amend Section 18(d) and (e) of Schedule C of the Land Use Bylaw (Sign Regulations), leaving in place language approved by Council on September 5, 2017.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
With regard to this motion to amend Section 18 (d) and (e) of Schedule C - Sign Regulations, to reinstate the limitation that is applied to C2, RC, and CC districts only, no stakeholder communication or engagement was undertaken.
Review of the entire Schedule C portion of the Land Use Bylaw began in the fall of 2015. The intent of the review was to complete general updates and housekeeping to the existing Schedule C document, and to investigate the introduction of Digital Displays within the City. Accordingly, public consultation was completed to gather information and assist in the formulation of any proposed Schedule C amendments. A public open house was held in January of 2016, and an industry world café style workshop was held in November of 2016. This invitation-only workshop was for high-level industry representatives and associations to attend and included two representatives from the Alberta Portable Sign Association. In December 2016, an online public survey regarding signage was completed by the City and was advertised via Facebook, Twitter, and CityLights, with specific stakeholders also being directly advised via letter or e-mail. Twelve (12) portable sign companies were identified as interested stakeholders included in that mailout. The representative from the sign company that requested that the amended LUB language regarding portable signs revert to the previous language, was one of the identified stakeholders to which both an invitation via email and letter had been sent.
Upon completion of the revised Schedule C document, the proposed amendments were presented on June 19, 2017 at a Standing Committee of the Whole meeting. At that time, the current wording of Schedule C Section 18(e) was included in the draft document. The amendments to Schedule C were formally presented before Council at a Public Hearing on August 21, 2017. The wording of Section 18(e) remained unchanged, as previously drafted. The Public Hearing remained open following the August 21, 2017 Council meeting and was scheduled for second and third reading on September 5, 2017. No portable sign association or portable sign company spoke at either of the Public Hearing dates, in addition, the City did not receive any formal opposition to the proposed amendments. The amended Schedule C document was adopted on September 5, 2017.
IMPLICATIONS OF RECOMMENDATION(S)
The proposed amendment, which will result in the removal of the current limitation placed on the total number of signs per property within the CIS and C1 Land Use Districts, could potentially lead to an increase in the total number of portable signs in the City.
The direction to reinstate the limitation that is applied to the C2, RC, and CC Districts is redundant, as the limitations within these districts have remained unchanged at a maximum of 2 portable signs per parcel. The lack of sign permit maximums within the CIS and C1 districts will not ensure consistency and fairness in regard to portable sign use for businesses in the City of St. Albert.
Financial:
None at this time.
Legal / Risk:
None at this time.
Program or Service:
None at this time.
Organizational:
Potential increase in workloads to process additional portable sign permits if restriction is reinstated to eliminate the maximum allowable number of portable sign in the CIS District.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
Council could pass separate motions that Bylaw 18/2018 be read a second time, and a third and final time.
STRATEGIC CONNECTIONS
Council could pass separate motions that:
1. That Bylaw 18/2018 be read a second time.
2. That Bylaw 18/2018 be read a third and final time.
STRATEGIC CONNECTIONS
City of St. Albert Strategic Plan (Policy C-CG-02) - Pillars of Sustainability
ECONOMIC
• Cultivate Economic Prosperity: A diversified, robust and resilient economic foundation to support growth and community service delivery.
Long Term Plans (e.g. MDP, Social Master Plan, Cultural Master Plan, etc.)
• Land Use Bylaw
Corporate Objectives (See Corporate Business Plan)
Deliver programs and services that meet or exceed our standards
Ensure our customers are very satisfied
Council Policies
N/A
Other Plans or Initiatives (Business Plans, Implementation Strategies, etc.)
N/A
Governance Strategy
Council is committed to ensuring that the City of St. Albert is a responsive, accountable government that delivers value to the community.
Service Delivery Strategy
Council is committed to ensuring that the City of St. Albert is engaging residents to identify opportunities to improve delivery of services to the community.
Report Date: June 11, 2018
Author(s): Chantelle Malo
Committee/Department: Infrastructure & Development Services
General Manager: Ian McKay
City Manager: Kevin Scoble