City of Delta COUNCIL REPORT F.17 Regular Meeting To: Mayor and Council Files. No. ENQ02415 and FIN19-023 From: Community Planning & Development Department Date: October 10,2019 Proposed Digital Advertising Sign at 8100 Nordel Way The following report has been reviewed and endorsed by the City Manager. • RECOMMENDATIONS: A. THAT Council receive the results of the public consultation as information. B. THAT the City of Delta enter into a lease agreement with the proponent, Outfront Media Canada LP, for the proposed digital advertising sign at 8100 Nordel Way subject to: a. Receiving confirmation from the Ministry of Transportation and Infrastructure that Provincial requirements have been satisfied; b. The proponent undertaking all necessary approvals for sign installation, including obtaining a development variance permit in relation to "Delta Sign Bylaw No. 5860, 2000"; and C. THAT the proposed digital advertising sign details be referred to the Mayor's Public Safety Committee and Delta Police for comment. • PURPOSE: The purpose of this report is to present for Council's consideration the results of the public consultation for the proposed digital advertising sign at 8100 Nordel Way and further recommendations. • BACKGROUND: Council directed staff to undertake a public consultation process to receive comments on the proposed digital advertising sign at 8100 Nordel Way, the location of the new City of Delta Works Yard. Public comments from the consultation are to be considered prior to a decision to enter into a lease agreement with the proponent, Outfront Media Canada LP. Page 2 of 5 Digital Advertising Sign at 8100 Nordel Way ENQ02415 and FIN19-023 October 10, 2019 • DISCUSSION: Details of Proposed Digital Advertising Sign: The proposed digital advertising sign would be double-sided, approximately 14.6 m (48 ft) wide by 4.3 m (14 ft) in height, and would be oriented to vehicles traveling north and south along Highway 91 (Attachment A). Only static images (no video) would be displayed, with the length of each message being approximately eight seconds. The digital advertising sign would be required to meet all Provincial Ministry of Transportation and Infrastructure requirements. Public Consultation Results: The public consultation involved sending a letter to approximately 600 surrounding properties and residents within the notification area as shown in the location map (Attachment 8) on August 20, 2019, publishing full page newspaper ads in the August 29, September 5 and September 12, 2019 editions of the North Delta Reporter and Delta Optimist, posts on social media (Facebook and Twitter), and a post on the City of Delta website. The consultation period ended on September 13, 2019. A total of 54 individual responses were received with all respondents in opposition to the proposed digital advertising sign. Of the 54 responses, 40 responses came from residents of Delta (39 in North Delta, 1 in Ladner), 1 from a Delta business, 1 from a resident of Surrey and 12 who did not provide an address. The following table provides a summary of the number of comments received. A map of responses is provided as Attachment C. #of Comments Responses Concerns with impacts on distracted driving and driver safety 40 Concerns with the design and location (ouf of context, too big, find 14 the design unappealing, too close to highway, etc.) Potential revenue doesn't justify the risk / question the benefits to 13 Delta residents and the purpose of the sign The sign would negatively impact views from homes and enjoyment 12 of the natural environment The sign would produce light pollution in the area 12 Do not need more advertisements and signs 7 The sign would be a poor representation of the City of Delta 3 Expressed concerns with the consultation process, notice should 2 have been sent to all properties in North Delta The sign should be located elsewhere in Delta 1 Page 3 of 5 Digital Advertising Sign at 8100 Nordel Way ENQ02415 and FIN19-023 October 10,2019 Provincial Requirements: British Columbia does not have regulations or guidelines dealing specifically with electronic billboards; however, there are regulations relating to signage in general which may be applicable. The Motor Vehicle Act does not permit a sign or other advertising device to be erected within 300 m (984 ft) of a highway right-of-way without the approval of the Ministry of Transportation and Infrastructure. The Transportation Act provides the Minister of Transportation and Infrastructure with the authority to require remedial action if there is a sign or other device that in the Minister's opinion is a nuisance that might distract the operator of a vehicle or impair the operator's ability to drive safely, whether or not the sign is near Provincial property. Permits are not issued for signs on private property; however, under the Provincial Public Undertakings Regulation (BC REG. 513/2004), the placement of a sign must meet the Provincial building/structural setback requirement of 4.5 m (15 ft) from a property line fronting an arterial highway. While the exact location of the proposed sign is not known at this time, a setback permit can be applied for a structure within the setback but would be subject to review, rationale, future right-of-way requirements, sight lines, etc. Over the past several years, the Ministry of Transportation and Infrastructure has approved several digital billboards similar to the proposed sign in Delta in other neighbouring municipalities, including Surrey, New Westminster and Abbotsford. Over the past several years the Ministry of Transportation and Infrastructure has approved several digital billboards similar to the proposed sign in Delta in other neighbouring municipalities, including Surrey, New Westminster and Abbotsford. Should Council decide to proceed, the Ministry of Transportation and Infrastructure's Development Services Team would review the sign proposal to address possible distractions for motorists prior to any final approval from Delta. Driver Safety: The majority of public responses referred to concerns over driver safety and distracted .driving in relation to the proposed sign. The proponent has provided a technical memorandum produced for the City of Toronto (Attachment D) that looked at the impact of static electronic signs along highways in the Toronto context. The study found no evidence of such signs having any impacts on road safety along highways in both daylight and dark conditions. Should Council give further consideration to the lease, it is also recommended that comments on the proposal be sought from the Delta Police and Mayors' Public Safety Committee, in addition to the Ministry of Transportation and Infrastructure. Impact on Views and Property: A number of residents have expressed concerns over the impact the proposed sign would have on the views from their properties in North Delta. It is noted that the nearest distance to residential properties on Wiltshire Boulevard and Santa Monica Drive is approximately 470 m (1,542 ft) from the approximate location of the sign. Mature trees and thick vegetation are also located along and below the top of bank, at the rear (west side) of the properties located on the hill east of 8100 Nordel Way. Nonetheless, the Page 4 of 5 Digital Advertising Sign at 8100 Nordel Way ENQ02415 and FIN19-023 October 10, 2019 sign may be visible from some residential properties that overlook the site. A number of photos taken from different points in the residential neighbourhood are provided in Attachment E. Concerns were also expressed about possible light pollution from the proposed sign. A lighting impact study (Attachment F) provided by the proponent determined that the lighting levels are within acceptable ranges relative to residential properties and would be equivalent to the natural illumination from the moon. Benefits to Delta: In addition to potential revenue from annual lease payments of approximately $450,000 per year, for a total of $14,413,636 over the proposed 25-year term, the proposed digital advertising sign would also provide dedicated time to display community messaging, including but not limited to amber alerts, community events and notices. Next Steps: Since Delta was only seeking comment on a preliminary proposal, additional details would need to be provided if Council decides to proceed with entering into a lease agreement. The proponent would have to complete a detailed design of the proposed sign, including specific information such as a survey showing the exact location of the sign and a visual impact study to determine the effect on views from different points in the surrounding residential neighbourhoods. The detailed proposal would then need approval or approval-in-principle from the Provincial Ministry of Transportation and Infrastructure prior to an application for a development variance permit from Delta to allow the proposed digital advertising sign. The proposed digital advertising sign would also be referred to the Mayor's Public Safety Committee and Delta Police for comments as part of the review process. "Delta Sign Bylaw No. 5860, 2000" does not permit digital advertising signs nor does it permit the size of sign being proposed; therefore, variances would be required. Notification for the development variance permit application would be provided in accordance with "Delta Development Application Procedures Bylaw No. 4918, 1992". A Public Hearing is not required; however, Council has the discretion to refer a variance application to a Public Hearing. Implications: Financial Implications - Delta has the potential to realize annual guaranteed revenue of approximately $450,000 per year for a total of $14,413,636 over the proposed 25-year term of the lease agreement for 8100 Nordel Way. Should Council approve the lease agreement, use of the associated revenue would be brought forward for discussion at a later date. Intergovernmental Implications - The exact location and details of the proposed digital advertising sign would be reviewed by the Ministry of Transportation and Infrastructure's Development Services Team to confirm all Provincial requirements have been satisfied.