POLICY REPORT

DEVELOPMENT AND BUILDING

Date: June 16, 1998

Author/Local: MGordon/7665

CC File No. 113

TO:	Vancouver City Council
FROM:	Director of Central Area Planning
SUBJECT:	International Village (88 West Pender Street) - Amendments to the Sign By-law

RECOMMENDATION

A.THAT the application by Interville Development Limited to amend the Sign By-law for 88 West Pender Street be referred to Public Hearing along with the recommendation of the Director of Planning to approve, subject to the conditions contained in Appendix B, the following aspects of the application:

·amendments which would allow:

-increased sign and copy area in three higher-level fascia-type signs for the cinema occupancy (Tinseltown);

-a variety of three dimensional signs on the first and second levels;

-new provisions to restrict window signs; and

-sequenced illuminated neon signs;

·but not permit signs above the second level on the facades of the building which are directly facing Pender and Abbott Streets.

AND FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing.

CONSIDERATION

B.THAT the application by Interville Development Limited to amend the Sign By-law for 88 West Pender Street be referred to Public Hearing along with the recommendation of the Director of Planning to approve, subject to the conditions contained in Appendix B, the aspects of the application cited in Recommendation A;

FURTHER THAT, the application to allow signs above the second level on the facades of the building directly facing Pender and Abbott Streets be referred to public hearing along with the recommendation of the Director of Planning to not approve these amendments;

AND FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing.

GENERAL MANAGER’S COMMENTS

The General Manager of Community Services RECOMMENDS A and submits B for the CONSIDERATION of Council instead of A.

COUNCIL POLICY

Current Sign By-law provisions regulate the number, type, form, appearance and location of signs according to districts and uses. The intent of the Sign By-law is to permit signage which provides information that identifies and locates rather than advertises. It also seeks to minimize the visual intrusion of signs on housing by limiting the size and scale of signs adjacent to residential districts. Generally, in areas where residential uses are less prevalent, Sign By-law regulations are more permissive.

The Council-approved design guidelines for the International Village development emphasize the creation of a lively, pedestrian-oriented environment through the use of small-scale, highly-articulated building components, materials related to the adjacent areas and traditional market hall architecture, and high-quality signage and display that are visually rich with colour, individuality and detail.

SUMMARY

The applicant has brought forward a proposal for International Village which is innovative and will enhance the appearance of the development. It will require extensive amendments to the Sign By-law. There are, however, two aspects of the signage proposal which require Council consideration. Included in these are a variety of facia-type signs above the second level of the development. With a few exceptions, this type of signage is not permitted by the Sign By-law in order to minimize visual clutter in the urban environment.

The Tinseltown sign which marks the entrance to the development at the corner of Abbott and Pender Streets extends up to 23.5 m (77 ft.) in height and will face several residential developments. With some reservations, staff support amendments to permit the sign in this location due to the mixed-use nature of the area, the large-scale of this facade and the importance of the sign to the success of the development.

The third level signs that extend along the Pender and Abbott Street facades are not recommended because they will be visually intrusive for several hundred dwelling units across the two streets. Staff support a number of alternatives which meet the regulations of the Sign By-law. These include using similarly sized fabric colour panels without signage to articulate the facade or banners with advertising content, in conformance with existing Council policies and regulations.

PURPOSE

This report recommends referral to Public Hearing of an application for Sign By-law amendments to permit the signage proposed for the International Village marketplace. Almost all of the proposed signage is supported by staff. However, staff do not support one particular element of the signage proposal (extensive third storey signage that is intended to function like banners). It is posed for consideration whether or not Council wishes to forward this aspect for public hearing.

BACKGROUND

A signage proposal for the International Village marketplace is one of two proposals under consideration to permit more innovative signage in the Downtown. In addition to the Sign By-law amendments recommended in this report, staff will be presenting further Sign By-law amendments to permit larger scale neon, three dimensional and other types of innovative signage on Granville Street in the Downtown.

The International Village marketplace development is the focus of a four block area of mixed use development located between Gastown, Chinatown, GM Place and the Concord-Pacific lands at the east end of False Creek. The marketplace development lies between Pender, Taylor, Keefer and Abbott Streets and includes two storeys of underground parking, three storeys of commercial development, two storeys of townhouses and a 23-storey residential tower. The commercial uses are primarily retail, restaurant, service and entertainment and are oriented to the street, an internal pedestrian galleria, or a combination of the two. The building is currently under construction.

Residential developments will face the development along Pender, Abbott and Taylor Streets.

DISCUSSION

Generally, staff support the signage proposal for International Village. It is an exciting proposal that is innovative and will hopefully encourage others to improve the quality of signage on nearby sites. The proposal includes extensive facade-mounted three-dimensional signs, freestanding signs, and large entrance signs utilizing neon. In the evaluation of this proposal staff considered the following issues:

•are the scale and prominence of the proposed signs appropriate for a site facing residential development?

•will the approval of these signs (particularly signs above the second storey) establish a precedent for their proliferation in a variety of locations in the city?

•will the signage be a significant element in the success of this development? and

•does the signage conform to the Sign By-law?

The staff review of the signage proposal concluded that two elements are potentially problematic, as discussed in more detail below. In considering the proposal, it is important for Council to keep in mind that the floor to floor dimensions of the commercial component of this development are large, with each of the levels being 6 - 7 m (19 - 23 ft.) in height, resulting in the top of the third storey being up to 25.5 m (82 ft.) above grade.

Tinseltown Sign: This sign is located at the major point of entry to the development, at Abbott and Pender Streets, and will identify the major tenant, a movie screen multiplex. It will consist of the words "Tinseltown" and "Cinema" in neon and will be surrounded by neon strips that are programmed sequentially to animate the facade. The neon is mounted on a large corner structure finished in aluminum. The sign will extend from 13.5 m (42 ft.) above grade to a height of 23.5 m (77 ft.).

Residential Impacts: Sign regulations seek to minimize the intrusion of signs on housing. Illuminated signs, particularly those which are flashing and animated, have a negative impact on livability for dwellings facing the signs. Dwelling units facing the development will be between 25 m (78 ft.) and 40 m (133 ft.) from this sign. For comparison, billboards are limited by the Sign By-law to a distance of no less than 30 m (93 ft.) from residential in the Downtown South area. Demonstration of the residential impacts is attached as Appendix C.

Precedent: Shortly, staff will be seeking Council direction on permitting larger scale neon and other types of signs on portions of another vibrant commercial setting, Granville Street including areas south of Nelson Street, where residential is a permitted use. Council can expect other proposals for large signs facing dwelling units. Increasingly, this will be an issue in the central area where residential is an integral part of a mixed-use commercial setting or is encouraged in close proximity to commercial developments.

Significance for the development: The developer has advised staff that approval of the sign is a condition of the largest tenant of the building being incorporated into the development.

Conformance with the Sign By-law: The Sign By-law generally does not permit signage above the second storey with the exception of banners, projecting signs up to 21 m ( 65 ft.) above grade, and facia signs at a much smaller scale. Excluding the area of neon lighting around the copy, this sign is ten times larger than similar ones permitted by the Sign By-law in other areas of the city.

On balance, staff endorse the proposal as a unique situation whereby the signage is compatible with the scale of the development and the neighbourhood has a mixed-use character, rather than residential being the predominant use. Staff note that the orientation of the sign toward the corner and at an angle to the affected residential premises reduces the lighting impacts. However, staff are not supportive of this type of signage in other areas of the city where they face primarily residential neighbourhoods. To minimize impacts on residents, it is recommended that the sign be supported, subject to the following conditions:

•it be limited to the corner of Abbott and Pender Streets;

•the size of the sign be reduced by 25 per cent;

•the sign not include intense, red spectrum colours;

•baffles to focus the light down to the street and conventional neon light rather than new types of neon which are particularly bright be used to further reduce impacts; and

•the lighting not be illuminated after 11:00 p.m.

Should Council not support the Tinseltown sign, staff should be directed to not prepare amendments to permit this sign.

Third Level Signage: The applicant proposes a series of 13 signs above the first two storeys made up fabric panels set on pins. Due to the size (7.5 m [19 ft.] by 3 m [9 ft.]), shape and semi-permanent nature of these signs, they are similar to billboards. These panels will include advertising and information on activities in the mall (including sales and welcoming new retailers) and non-profit events such as the Dragon Boat races.

The third level of the development is also significant because it consists of large blank walls extending along Pender and Abbott Streets. The Urban Design Panel, in its review of the development, advised the project’s designers to pursue further articulation of these two facades. Several hundred residential units will have this facade as the primary element of their view. This facade in the original design was to include a significant amount of windows. But the inclusion of theatres on the upper level removed the glazed treatment. The Urban Design Panel, the Development Permit Board and the developer, working with staff, will be addressing the articulation of the facade in a minor amendment to the development permit, which is now being processed.

Residential Impacts: These signs will face directly on to residential units. Due to the size and illumination of these signs, they will form a major part of the view for between 100 and 200 dwellings. As compared to the Tinseltown sign, the number of units is higher due to the length of the building facades and the number of signs. They will negatively impact on residential livability. Demonstration of the residential impacts is attached as Appendix C.

Precedent: Staff believe that opening up opportunities for signage especially at this scale, beyond the second level of developments on commercial sites throughout the city is not desirable and will lead to visual clutter. Unlike the Tinseltown sign which identifies an entrance and the major tenant of the building, these 13 signs will be placed at intervals along two sides of the development.

Also important is that they are not related to the third-floor tenant which make them third-party advertising signs. Approval would establish a significant precedent for the vast majority of other signs in the city which are required to be primarily first-party.

Significance for the development: The developer has advised staff that approval of these signs is not as central to the success of the development as compared to the Tinseltown sign.

Conformance with the Sign By-law: These signs are not permitted by the by-law. (See discussion above on Tinseltown sign)

On balance, staff do not support this proposal for third level signage. These signs are essentially advertising billboards due to their size, shape and proposed content. They extend over two facades which directly face existing and future residential sites. The Director of the Office of Cultural Affairs notes that there has been no offer to legally tie down the provision of advertising for non-profit organizations. Even if such an offer was made, the benefit would be outweighed by the negative impacts on residential livability.

As noted above, staff have received an application to make a minor amendment to the development permit for the International Village market place to modify the facade treatment so that it reflects and emphasizes the signage proposed for the third storey. The Director of Planning believes that this application can be considered while the Sign By-law changes to permit the third level signage are under Council consideration. The facade treatment can potentially stand on its own with or without the proposed signage. However, the proposed signage is not compatible with the currently approved facade. Staff will keep Council advised on the progress of this application.

The applicant could also consider placing banners on the upper levels of the development. Recently, Council chose to encourage a large graphic component on banners by limiting the amount of the banner used for words and logos if the same exceeded 2 m². (An exception to the limit was approved for non-profit organizations and public agendas). Further, the shape of banners is limited to inverted rectangles (i.e., length being significantly longer than width).

Staff would prefer that Council not refer the amendments for these signs to public hearing, so that further discussions about their content and form can be undertaken. The Office of Cultural Affairs at this point only supports occasional use of temporary banners as permitted by the Sign By-law with the additional limitation that content be restricted to Vancouver-based non-profit organizations. Issues related to frequency and eligibility would be the subject of a further agreement.

Should Council wish to consider at Public Hearing the approval of amendments which would permit third level signs, then consideration B should be approved.

Other Elements of the Signage Proposal (endorsed by staff): Staff are supporting all other elements of the applicant’s signage proposal, including:

•increased sign and copy area for third level, facia-type signs;

•three-dimensional signs;

•new provisions to restrict window signs; and

•sequenced illuminated neon signs.

Appendix A outlines the general content of the necessary amendments. The by-law amendments will be drafted once Council has established a direction for staff.

Encroachments: Engineering staff have reviewed the proposal and support it subject to the following conditions:

•application of standard Sign By-law encroachment-related provisions;

•limitation on encroachment to first storey signs;

•minimum clearance from grade to the bottom of the sign of 2.6 m; and

•the reduction in required clearance from the current 2.75 m to 2.6 m to be considered a test for possible future city-wide application rather than a precedent.

Public Input: Staff met with a small group of residents who live in the vicinity of the building and they generally did not express strong objections to the sign proposal. Support was based on restrictions on advertising content and the impacts and hours of operation of lighting. There will be a significant increase of residents in the area as the majority of adjacent sites remain undeveloped.

Applicant’s Comments: The applicant’s comments are attached as Appendix D.

More Permissive Sign Regulations Elsewhere in the City: Staff believe that the recommended Sign By-law amendments should for now be limited to the International Village site. Staff will be reporting back with amendments to permit similar and other types of innovative signage on Granville Street to encourage the revitalization of the street. The need to expedite the consideration of the International Village Sign By-law text amendments has not given staff the opportunity to evaluate whether some of the provisions proposed for this site should apply elsewhere.

Sign By-law Administration: Staff are concerned that the creation of another site-specific schedule for the Sign By-law generally increases the complexity of the by-law and increases the cost and time to administer it. The signage proposed for International Village is of a complexity that requires substantial revisions to most sections of the by-law and extensive provisions in a new Schedule "I". Ultimately, these types of additions may result in the need to completely rewrite the Sign By-law.

CONCLUSION

In general, staff support the signage proposed for the International Village marketplace development and note that much of what is proposed has the potential to enhance the urban environment to a greater degree than is permitted under current Sign By-law provisions. The third level signage on the Pender and Abbott Street facades is not supported because it will impact on the livability of the many residential units that will eventually face the development. The third level Tinseltown signage is supported with reservations as it represents a significant size increase over what is currently permitted. These types of signage will set a precedent for third and higher level signage in the city which may result in visual clutter in the urban environment.

* * * * *

APPENDIX A

SIGN BY-LAW AMENDMENTS

The following types of amendments will be required to facilitate the signage proposed for International Village for both Recommendation A and Consideration B.

Section 2: Definitions

Add new definitions and revise existing definitions to accommodate:

-new sign content types;

-new sign form types;

-new measurement methods;

-further delineation of advertising types; and

-provide consistency with existing definitions and provisions.

Change provisions in sections 5, 9, 10, and 11, as well as create a new schedule -

Schedule I - to:

-accommodate new sign content and form provisions for International Village;

-develop consistency between existing and new sign types;

-clarify building, encroachment and other provisions;

-incorporate lighting restrictions (if possible).

APPENDIX B

CONDITIONS OF BY-LAW AMENDMENT APPROVAL

THAT, prior to the enactment of the amending By-law, and at no cost to the City, the registered owners shall:

(i)execute an agreement, satisfactory to the Director of Planning and the Director of Legal Services, to cease illumination of the main "Tinseltown" sign and any other third level signage after 11 p.m.;

(ii)pursue design development to the "Tinseltown" sign at the entrance to Pender and Abbott Streets, satisfactory to the Director of Planning, to do the following:

•the size of the sign to be reduced by 25 per cent; and

•baffles to focus the light down to the street and conventional neon light rather than new types of neon which are particularly bright to be used to further reduce impacts on nearby dwellings.

NOTE: ELECTRONIC COPIES OF APPENDICES C AND D NOT AVAILABLE - ON FILE IN THE CITY CLERK'S OFFICE. * * * * *

(c) 1998 City of Vancouver