CITY COUNCIL AGENDA REPORT

Transcription

1 CITY COUNCIL AGENDA REPORT Subject: COUNCIL MOTION REAL ESTATE LEASING SIGNAGE On November 28, 2015, Mayor Crouse provided notice in accordance with Section 23 of Procedure Bylaw 35/2009 that he intended to bring forward the following motion: In order for Council to debate the motion, the motion must be formally moved. (Mayor Crouse) That when the Land Use Bylaw amendments come to Council in Q2, 2016 with respect to Digital Displays, that Administration include an LUB amendment such that Page 313 of Bylaw 9/2005 (Schedule C, Section 18, (a)) be amended such that the word "no" is replaced with the word "a". Attachments: 1. Information provided by Mayor Crouse 2. Administrative Backgrounder Originating Department(s): Author(s): Legislative Services H. Fredeen City Manager Signature: Date: City Council Agenda January 11, 2016/ Page 1 File No.: B07

2 ATTACHMENT 1 That when the Land Use Bylaw amendments come to Council in Q2, 2016 with respect to Digital Displays, that Administration include an LUB amendment such that Page 313 of Bylaw 9/2005 (Schedule C, Section 18, (a)) be amended such that the word "no" is replaced with the word "a". Nolan Crouse (C )Moved by Councillor Hughes That Administration bring forward amendments to Land Use Bylaw 9/2005 that allow the introduction of digital displays with static images as outlined in Option 3 of the Digital Displays Background Report, provided as Attachment 1 to the September 28, 2015 agenda report entitled "Digital Displays (Electronic Video Messaging Signs)" by Q CARRIED UNANIMOUSLY For: Brodhead, Crouse, Heron, Hughes, MacKay, Osborne, Russell File Mayor-949 November 22, 2015

3 -1 Schedule C (v) (vi) (vii) except for corner locations, be located at right angles to the building facade; complement the architecture and coordinate with other streetscape improvements and development; on a 1-storey building, not extend more than 300 mm above the roof or parapet; (viii) on a building with more than 1 storey, not extend more than 750 mm above the floor of the second storey (and in any event, must not extend over the bottom of any 2 nd storey window sill); and (ix) be indirectly illuminated and shielded for a live/work unit. (BL14/2008) (17) Promotional Advertising Sign (a) Promotional advertising signs are permitted uses in the C2, CC, RC and CIS districts and no development permit is required, provided that; (BL24/2009) (i) (ii) (iii) the sign does not exceed 2.5 sq. m in sign area; the sign is located a minimum of 1.5 m from all property lines adjoining a highway; and the sign advertises an event, service or product available on the site. (b) (c) Two promotional advertising signs are allowed for every 30 m of site frontage (up to a maximum of 6 signs allowed per site). Promotional advertising signs are not allowed when any other temporary sign is displayed on a site. Real Estate Sign (a) A real estate sign is a permitted use in all districts, and^j^development permit is reqi/ireb, provided: (0 that the sign is a selfsupported or wallmounted sign; (ii) that the sign does not exceed 3 m in sign height; and Real Estate Sign (Jo) (c) (iii) that the sign advertises only the site upon which the sign is located. No more than 2 real estate signs are allowed per site. In a residential district, each real estate sign must: BYLAW 9/2005 (Page 313)

4 -7- Mayor of St. Albert From: Sent: To: Subject: Ken Rochat October 13, :06 AM Mayor of St. Albert RE: signage Good morning Mayor Grouse, Personally I believe there is a cost to running a city and as such everyone who benefits from being a part of the St. Albert community needs to contribute. So yes, everyone should pay for permits and I will elaborate below. Yes that sign and others in the community are eye sores. Couple thoughts about your question. 1) Since this sign is broken and clearly the owner is not concerned, can it not be tagged similar to an abandoned vehicle with a date to be repaired or removed. And, if left in its current condition removed at the owners expense. Similar to cutting a property owners grass and sending them the bill. 2) All real estate agents who wish to post signs should pay for permits; let's say they pay $100 a year to place their Open House signs and directional signage for properties for sale. 3) Commercial land owners / Commercial agents should pay for permits based on square footage - the bigger the sign - the bigger the price. Maximum price being between $500 to $1,000. Please let me know if you have any questions regarding my ideas above. Sincerely, Ken Ken Rochat bigskymedia O: C:

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10 ATTACHMENT 2 Administrative Backgrounder Real Estate Leasing Signage On November 28, 2015, Mayor Crouse provided notice in accordance with Section 23 of Procedure Bylaw 35/2009 that he intended to bring forward the following motion: In order for Council to debate the motion, the motion must be formally moved. (Mayor Crouse) That when the Land Use Bylaw amendments come to Council in Q2, 2016 with respect to Digital Displays, that Administration include an LUB amendment such that Page 313 of Bylaw 9/2005 (Schedule C, Section 18, (a)) be amended such that the word "no" is replaced with the word "a". BACKGROUND: Administration s understanding of the intent of the proposed amendment: That all real estate signs require a development permit if this motion were to be passed by Council. Should Council pass the motion, Section 18 (a) of Schedule C.6 (Page 313 of Bylaw 9/2005) would read: (18) Real Estate Sign (a) A real estate sign is a permitted use in all districts, and no a development permit is required, provided (i) that the sign is a self-supported or wall-mounted sign; (ii) that the sign does not exceed 3m in sign height; and (iii) that the sign advertises only the site upon which the sign is located. Existing provisions of Schedule C (Sign Regulations) of the Land Use Bylaw (LUB): The LUB defines a real estate sign as a temporary sign erected or placed for the purpose of advertising real property for sale or rent. A temporary sign is defined as a sign which is not permanently installed or in a fixed position, that advertises a business, site, event, or activity for a limited period of time. self supported is defined as supported by one or more columns, uprights or braces in or upon the ground that are not attached to, and do not form part of, a building. Page 1

11 ATTACHMENT 2 The LUB does not distinguish between real estate leasing signage and real estate for sale signage. Enforcement of the provisions of Schedule C (Sign Regulations) of the LUB: Schedule C (Sign Regulations) of the LUB prescribes remedies for signs that are in disrepair and/ or are placed in contravention of a provision of the schedule. If required, the City has the authority to rectify an issue immediately, as per Section C.7 Enforcement, (Attachment A). The appearance of signs is addressed in Section C.4, General Regulations, (Attachment B) which ensures the sign is constructed to ensure durability and compatibility with adjacent development. The Development Branch does not have staff resources dedicated to proactive enforcement of the LUB. Rather, the approach to enforcement is reactive, i.e. the Branch responds to complaints that are received. When a Development Officer (DO) is either notified that a sign is in disrepair or non-compliant, or notices that a sign is in disrepair or non-compliant, the owner is immediately contacted. From experience, all sign issues are dealt with promptly by owners. It should be noted that, during the past 24 months, no formal complaints have been received in regard to either non-residential or residential real estate signage. Review of Schedule C (Sign Regulations) of the LUB and the timing of the proposed amendment: On September 28, 2015, Council instructed Administration to bring forward an amendment to the LUB, before the end of Q2 2016, which will allow the introduction of digital displays with static images. Currently, Schedule C (Sign Regulations) is under review. It is suggested that a more appropriate time for bringing the proposed amendment before Council would be when the review of the whole of Schedule C is undertaken, and not when the digital displays with static images amendment is discussed. Other Jurisdictions: The City of Edmonton, Town of Stony Plain, City of Leduc, Sturgeon County, City of Airdrie, City of Fort Saskatchewan, and Strathcona County do not require sign permits for residential or non-residential real estate signage. Implications of the proposal to amend the LUB: Potential implications for amending Schedule C, as proposed, include: An increased workload of processing in excess of 1,070 additional residential for sale sign permits per year. This number is based on the actual MLS sales activity of single-family dwellings and residential condominiums only, Page 2

12 ATTACHMENT 2 between January 1 and December 15, The MLS is considered to be an inaccurate source of information for commercial/ industrial (nonresidential) property sales. An increased workload resulting from the processing of all applications for commercial and industrial for sale and for lease signs. The total existing number of such signs is unknown, as these are permitted (allowed) signs under the current Schedule C regulations. The cumulative impact of processing applications for all real estate signs, and the potential enforcement of such signs, will result in a shift in the focus of the DO away from spending 30% of work time issuing other signage permits as per the position description. Thus, the DO will have less time available for dealing with what he/ she is expected to complete in the remaining 70% of work time. This will result in an increase in the workload of the remaining Development Officers which may, in turn, require that consideration be given to acquiring additional staff resources. In requiring permits, the City of St. Albert could appear to be businessunfriendly, when compared to some or all of the other municipalities in the Capital Region. Recommendation: It is recommended that the status quo be maintained, that the proposed amendment not be approved, and that sign permits not be required for real estate signs. Attachments: A. Section C.7 Enforcement B. Section C.4, General Regulations Report Date November 30, 2015 Committee/Department Planning & Engineering General Manager Review Page 3

13 ATTACHMENT A City of St. Albert Land Use Bylaw Schedule C Sign Regulations C.7 Enforcement (1) Removal and Impoundment of Signs (a) In addition to pursuing any other remedy referenced under this schedule, a peace officer may cause to be immediately removed and/or impounded any sign: (i) (ii) (iii) placed in contravention of a provision of this schedule; where, in his or her opinion, the sign is in a state of extensive disrepair; or where safety concerns or emergency conditions may justify such removal.

14 ATTACHMENT B City of St. Albert Land Use Bylaw Schedule C Sign Regulations C.4 General Regulations (i) signs must be designed and constructed to ensure: (i) (ii) (iii) the durability of the sign (taking into account whether it is a permanent or temporary sign); the compatibility of the sign with adjacent development; and the compatibility of the sign with the architecture of the on-site building frontage;