DEVELOPMENT VARIANCE PERMIT PUBLIC SAFETY BUILDING SIGN – 333 Island Highway

DEVELOPMENT VARIANCE PERMIT

PUBLIC SAFETY BUILDING SIGN – 333 Island Highway

RECOMMENDATION

THAT Council approve Development Variance Permit as per the report from the Planner dated October 27, 2016;

AND THAT Development Variance Permit 2016/13 include the following variances to Land Use Bylaw 1990 No. 35:

• Section 48(6)(h) - Variance to permit a sign within or over public property
• Section 49(2)(a) - Variance to permit a back-lit sign
• Section 50(1) - Variance to the size of a Public Building Sign from 1m² to 3.5m²
• Section 50(1) - Variance to the height of a Public Building Sign from 2.4m to 2.9m

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

The purpose of the report is to introduce a Development Variance Permit application to permit a sign for the Public Safety Building within the boulevard at 333 Island Highway.

BACKGROUND

The location of the Public Safety Building was constructed with a significant setback variance from the front property line. The property line is approximately 9m from the surface of pavement (bike lane). The Town of View Royal does not permit signs within the boulevard, but does so with the wording ‘sign not permitted within or over public property’. The wording is slightly misleading given that a better wording would be specifically relating to boulevards. That regulation has been interpreted in the past as ‘within the boulevard’ which means anything within the road right-of-way which is not a traffic-related sign.

PROJECT INFORMATION

The property is subject to the requirement to obtain a Development Variance Permit (DVP) pursuant to Section 922 of the Local Government Act. This DVP focuses on the consideration of the proposed variance impacting the use and enjoyment of the adjacent properties.

The applicant has submitted the following information in support of their application:

1. Sign Detail – Houston Sign – July 2016
2. Sign Location – Staff

The proposed Development Variance Permit addresses the following aspects:

• Variance to a sign not permitted within or over public property (Land Use Bylaw 1990 No. 35 Section 48.6.h)
• Variance to the size of a Public Building Sign from 1m² to 3.5m² (Land Use Bylaw 1990 No. 35 Section 50.1)
• Variance to the height of a Public Building Sign from 2.4m to 2.9m (Land Use Bylaw 1990 No. 35 Section 50.1)
• Variance to back-lit signs not permitted in any Sign Zone (Land Use Bylaw 1990 No. 35 Section 49.2.a)

DISCUSSION

Discussion of variances

In not permitting signs within the boulevard, one must consider the rationale behind the bylaw. It is certainly that:

• the Town does not want to subsidize advertising of products or services through use of public property.
• the Town does not want signs within the boulevard which may interfere with the function or safety of the roadway, pedestrian movement, etc.

If a sign is to be considered within the boulevard, it should be for the good of the public and not for the good of private enterprise. This is the case with this sign, in that it provides messages related only to issues of public interest information and fire safety.

The issue regarding safety of the function of the roadway is more related to where the sign is positioned in relation to the surface of the road than the property line; the property line is arbitrary as far as safety is concerned.

There are issues to consider regarding safety:

• Whether the sign blocks sight lines anywhere along Island Highway.
• Whether the sign blocks the view of emergency vehicles in the driveway from passing vehicles or bicycles, thereby increasing the possibility of an accident involving south-bound traffic.
• Whether the sign distract drivers sufficiently to increase the chance of incident along that portion of the roadway.
• Whether the final design of the roadway along that portion of Island Highway will ultimately impact the location of the sign.

Protective Services has indicated that the buildings and boulevard improvements took into consideration the Phase 2 Island Highway design and that the low-profile sign will maintain sight lines for pedestrian and vehicular traffic.

The design and dimensions of the sign are fitting and appropriate for the site and reflect the design of the building.

The use of LED screens is an efficient use of space on signs, and can economize the sign area while being programmable in terms of:

• Content of message.
• Brightness of the sign.
• Times for display of the sign (windows of time where it can be completely off).

The sign is to be dimmed during sunrise/sunset hours and can be turned off late at night. Protective Services indicates that the target hours for display would be the morning and evening commutes.

The messaging would be daily or weekly in nature, and would not incorporate scrolling, flashing or other distracting messages. It would be static in nature.

RECOMMENDATION

THAT Council approve Development Variance Permit as per the report from the Planner dated October 27, 2016;

AND THAT Development Variance Permit 2016/13 include the following variances to Land Use Bylaw 1990 No. 35:

• Section 48(6)(h) - Variance to permit a sign within or over public property
• Section 49(2)(a) - Variance to permit a back-lit sign
• Section 50(1) - Variance to the size of a Public Building Sign from 1m² to 3.5m²
• Section 50(1) - Variance to the height of a Public Building Sign from 2.4m to 2.9m

SUBMITTED BY: James Davison MCIP RPP Planner

REVIEWED BY: Lindsay Chase MCIP RPP Director of Development Services

ATTACHMENTS:

1. Subject Property Map
2. Subject Property Orthophoto
3. Sign Detail – Houston Sign – July 2016
4. Sign Location – Applicant - Undated