The Planning and Growth Management Committee recommends that:

1.         City Council refuse the rezoning application in its current form as the proposal, which includes the lands at 175 Commander Boulevard, does not conform to the Official Plan, and conflicts and does not conform with the Growth Plan for the Greater Golden Horseshoe.

2.         If the applicants exclude the 175 Commander Boulevard lands from the proposed shopping centre redevelopment, City staff and the applicant work together on a rezoning proposal which would conform to the policies of the Official Plan and conform and not conflict with the Growth Plan for the Greater Golden Horseshoe.

3.         City Council authorize the City Solicitor and appropriate staff to attend any Ontario Municipal Board hearing to oppose the rezoning application in its current form.

This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend the existing zoning in order to allow for the redevelopment and expansion of the existing Chartwell Shopping Centre located at 2301 Brimley Road and 2329-2361 Brimley Road. This neighbourhood shopping centre has served the Agincourt and Agincourt North communities since the 1970s.  The proposed redevelopment includes the expansion of the centre onto lands located to the south at 175 Commander Boulevard by way of the conversion of an existing industrial building to a large scale, stand-alone retail use in the form of a supermarket, along with retail, service commercial and office uses.

The lands at 175 Commander Boulevard are 1.56 hectares in area and only have frontage on Commander Boulevard.  These lands have historically been used for industrial related uses, independent from the shopping centre lands to the north.  The proposed large scale, stand-alone retail use on this site does not conform to the policies of the Official Plan as Commander Boulevard is not a major street as shown on in the Plan. An official plan amendment is required in order to permit this part of the development proposal. Such an amendment, however, is not supportable given it does not conform and conflicts with the Growth Plan for the Greater Golden Horseshoe. The proposed use on these lands is considered to be a conversion of lands within an Employment Area to a non-employment (major retail) use.

Opportunities to redevelop and revitalize the existing shopping centre and to ensure its ongoing viability exist on the lands that have historically been used for retail commercial purposes.

This report seeks Council direction on the application. The report recommends refusal of the application in its current form and that City staff continue working with the applicants subject to the proposed large scale, stand-alone retail use on the 175 Commander Boulevard lands being excluded from the proposed redevelopment.

The Planning and Growth Management Committee referred the report back to the Chief Planner and Executive Director, City Planning for further consideration and report, as soon as possible, having regard for concerns expressed during the consideration of the item by the Committee.

The Planning and Growth Management Committee held a public meeting on November 4, 2009, and notice was given in accordance with the Planning Act.

The Planning and Growth Management Committee recommends that:

1.         City Council amend Attachment 1 of the report (October 14, 2009) from the Chief Planner and Executive Director, City Planning, by adding a 4 h) as follows:

“h)       in commercial heritage conservation districts, these guidelines must be followed.”.

2.         City Council amend the Official Plan substantially in accordance with the draft Official Plan Amendment in Attachment 1 as amended, of the report (October 14, 2009) from the Chief Planner and Executive Director, City Planning.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft official plan amendment as may be required.

The Planning and Growth Management Committee held a public meeting on November 4, 2009, and notice was given in accordance with the Planning Act.

The Planning and Growth Management Committee:

1.         deferred consideration of the item to its meeting on April 21, 2010; and

2.         requested staff to meet with BILD (Building Industry and Land Development Association), members of the Committee, Children Services staff and representatives from the Boards of Education, consult with families currently living in condominiums, review and propose changes to the recommendations concerning:

-           threshold where policy applies;

-           make the policy citywide or tie targets to school districts where child populations are in decline;

-           address possible funding strategies;

-           amenity space requirements;

-           knockout panels between units;

-           exempt rental housing projects; and

-           explore zoning options;

and that BILD be requested to consider financing the needed study.

The Planning and Growth Management Committee held a public meeting on November 4, 2009, and notice was given in accordance with the Planning Act.

The Planning and Growth Management Committee requested the Chief Planner and Executive Director, City Planning, to:

1.         Bring forward the new draft Zoning By-law in a report to the Committee at its meeting on February 11, 2010, for consideration as a deputation item, prior to the scheduling of a Statutory Public Meeting which will occur as early as March, 2010.

2.         Conduct a Statutory Open House prior to the Statutory Public Meeting explaining the purpose and intent of the draft new zoning by-law and providing an opportunity for members of the public to ask questions and receive answers about the draft new zoning by-law.

3.         Continue to address concerns raised in public forums, in written submissions and by Members of City Council, with a view to minimizing conflict on issues which are more related to “harmonization” than to the previously stated staff objective to “create a common language for expressing the existing zoning permissions”, and that this be done, as much as possible, prior to presentation of a proposed by-law.

4.         Schedule Councillor briefing sessions on the proposed zoning by-law.

5.         Provide a detailed response to the letter (October 28, 2009) from Matthias Schlaepfer (PG33.5.2) in the form of a report to the Planning and Growth Management Committee at its meeting on February 11, 2010, for public consideration as a deputation item, prior to any decision on the scheduling of a statutory public meeting.

6.         Give consideration to the following in his final report:

a.         Making educational uses as of right in residential areas. And draft minimum space requirements for indoor and outdoor instructional capacity.

b.         Making geo-thermal installations as of right on all school properties.

c.         Making musical instruction as of right in all residential or mixed residential areas regardless of the configuration of the building with a limit of one class at a time.

d.         Making Home Occupation a permitted use in all residential areas providing no chemicals listed in the Community Right to Know by‑law are used or stored on site as part of the commercial operation, and further that the City’s Noise By-law is adhered to.

e.         Proposing a FSI index in areas formerly zoned RA.

f.          Imposing a restriction on night clubs (entertainment facilities) that restricts permission to the first floor only:  Cannot be located in or next to residential properties; set parking limits, with minimum number of spots on site for staff and customers.

g.         Exploring a minimum lot size requirement for Day Nurseries, and limit capacity of daycares to an indoor/outdoor space requirement on a per student basis.

h.         Proposing side yard soft/hard requirements.

i.          Excluding the surface water area of swimming pools from the calculation of rear yard landscaping requirements.

j.          Retention of maximum height of eaves in residential zones in Etobicoke.

k.         Maintaining the 6.5m maximum height for flat roofs in residential zones in Etobicoke.

7.         Bring forward a detailed report and analysis of the new requirements on the use and storage of Hazardous Chemicals to explain the rationale for the criteria selected.

8.         Consult with the General Manager of Economic Development, Culture and Tourism for input in the draft Zoning By-law process.

The Planning and Growth Management Committee recommends that:

1.         City Council approve awards for the 2009 Toronto Heritage Grant Program for the 42 heritage properties in the City of Toronto, as set out below, to assist in funding the scope of restoration work generally described in Attachment No. 1 of the report (October 19, 2009) from the Chief Planner and Executive Director, City Planning, in accordance with the Terms and Conditions of the Toronto Heritage Grant Program previously approved by City Council:

a.         252-64 Adelaide Street East, Bank of Upper Canada, commercial, $15,000;

b.         49 Alcina Avenue, house, $5,000;

c.         84 Bedford Road, house, $4,500;

d.         2 Berkeley Street, Berkeley Castle, commercial, $15,000;

e.         95 Brunswick Avenue, house, $500;

f.          283 Carlton Street, house, $5,000;

g.         285 Carlton Street, house, $5,000;

h.         65 Church Street, St James Cathedral Parish House, $30,000;

i.          194 Dowling Avenue, apartment block/recreation centre, $25,000;

j.          15 Draper Street, house, $5,000;

k.         17 Draper Street, house, $5,000;

l.          14 Elm Street, Arts and Letters Club, $10,000;

m.        181 First Avenue, house, $2,000;

n.         558 Gerrard Street East, Governor’s House, Don Jail, Institutional, $10,000;

o.         34 Isabella St. house now Canadian Lesbian and Gay Archive, $5,000;

p.         152 King Street East, Daniel Brooke Building, commercial, $10,000;

q.         12 Laurier Avenue, row housing, $500;

r.          14 Metcalfe Street, house, $2,500;

s.          70 Old Kingston Road, Melville Church, $5,000;

t.          56 Queen Street East, Metropolitan United Church, $6,000;

u.         414 Queen Street West, commercial, $10,000;

v.         580 Queen Street West, commercial, $15,000;

w.        21 Rose Avenue, house, $7,000;

x.         46 Rose Avenue, house, $2,500;

y.         378 Sackville Street, house, $2,000;

z.         380 Sackville Street, house, $2,000;

aa.        43 Salisbury Avenue, house, $2,000;

bb.       118 Spruce Street, house, $3,500;

cc.        120 Spruce Street, house, $2,000;

dd.       1 St Andrew’s Road, Thomson Bonese house, $1,000;

ee.        30 Tiverton Avenue, house, $2,000;

ff.        10 Toronto Street, Seventh Post Office, commercial, $5,000;

gg.       37 Tranby Avenue, house, $2,500;

hh.       56 Tranby Avenue, house, $2,500;

ii.         58 Tranby Avenue, house, $2,500;

jj.         59 Tranby Avenue, house, $1,000;

kk.       60 Tranby Avenue, house, $2,500;

ll.         62 Tranby Avenue, house, $4,500;

mm.     64 Tranby Avenue, house, $4,500;

nn.       419 Wellesley Street East, house, $1,500;

oo.       421 Wellesley Street East, house, $1,500;

pp.       97 Winchester Street, house, $2,000.

2.         Use of the grant awards outlined in Recommendation (1) of the report (October 19, 2009) from the Chief Planner and Executive Director, City Planning, be limited to only the proposed restoration work approved by the Chief Planner and Executive Director, City Planning, and that issuing of the grant award be subject to the grant recipient satisfying all conditions as set out in the Letter of Understanding between the City and the grant recipient.

The Planning and Growth Management Committee recommends that:

1.         City Council amend Attachment 2:  Private Development Thresholds of the report (October 15, 2009) from the Chief Planner and Executive Director, City Planning, as follows:

Modify threshold 2) to read:

“The application is located along an “Avenue” as identified in the OP Map 2, or a planned Transit City Line and contains significant public realm impacts as a result of location, scale, form or architectural quality.”

Remove threshold 3) and replace with:

“3)       The application is for:

a.         a large development site, fronting on a Major Street identified on Map 3 of the Official Plan, with three or more buildings and one or more new public streets;

b.         a large retail development fronting on a Major Street identified on Map 3 of the Official Plan.”

2.         City Council approve the Design Review Panel as a permanent component of the development approvals process to be implemented according to procedures outlined in Attachments 3 and 4 of the report (October 15, 2009) from the Chief Planner and Executive Director, City Planning.

3.         City Council approve expansion of the Design Review Panel process for public capital projects and for private development as outlined in Attachments 1 and Attachment 2 as amended, of the report (October 15, 2009) from the Chief Planner and Executive Director, City Planning.

4.         All Agencies and Divisions which conduct capital projects with significant public realm impacts, as identified in Attachment 1 of the report (October 15, 2009) from the Chief Planner and Executive Director, City Planning, include early consultation with the Design Review Panel as part of undertaking those projects.

5.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto, including incorporating an outline of the Design Review Panel process, as per the Attachments of the report (October 15, 2009) from the Chief Planner and Executive Director, City Planning, into the Toronto Development Guide.

The Planning and Growth Management Committee recommends that:

1.         City Council endorse the provision of a TTC adult Metropass pass during the first year of occupancy for each new condominium unit as a condition of condominium approval in all buildings with 20 or more units located in the City’s targeted mixed use growth areas comprising the Downtown, the Central Waterfront, the Centres and the Avenues.

2.         The policy be extended incrementally to targeted mixed growth areas and avenues as they evolve through the planning process.

3.         The passes be provided on the basis that they will be at no cost to the purchaser.

4.         City Council request the Chief Planner and Executive Director, City Planning  to evaluate and report on the policy after it has been fully operational for two years.

5.         City Council forward the report for information to the Minister of Municipal Affairs and Housing (Ontario), the Minister of Transportation (Canada), the FCM (Federation of Canadian Municipalities), CUTA (Canadian Urban Transit Association) and APTA (American Public Transit Association).

The Planning and Growth Management Committee deferred consideration of the item until January 6, 2010.

The Planning and Growth Management Committee recommends that:

1.         City Council amend the City of Toronto Municipal Code substantially in accordance with the draft by-law in Appendix A to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer, to add the proposed Chapter 694, Signs, General, to the City of Toronto Municipal Code regulating the installation of signs on buildings and property, such amendment to come into effect on April 6, 2010.

2.         City Council direct that Schedule ‘A’ - Sign Districts, of the proposed Chapter 694, be forwarded directly to City Council by the Chief Building Official and Executive Director Toronto Building, in a form which is substantially consistent with Appendix B to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer.

3.         City Council amend Municipal Code Chapter 27, Council Procedures, by repealing 27‑152 B. (8) (a) to remove from Community Councils the delegated power regarding sign by-law amendments and minor variances, leaving within the jurisdiction of the Community Councils appeals of refusals of applications for temporary sign permits under 693-17B(5) and (6) and appeals of revocations of  temporary sign permits under 693-17C(2) of Chapter 693, Signs.

4.         City Council establish a City board named the Sign Variance Committee, as described in Appendix H to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer, to make final decisions on first-party sign variance application appeals and on third party sign variance applications as set out in Recommendation 7, with Appendix H amended as follows:

Adding to Bullet Point 3 of the Qualifications Section the words:

"and not be an owner, employee or agent of an advertising agency, communications or media relations agency or be an employee, agent or owner of a business which owns, controls or has shares in a media outlet.".

5.         City Council amend the Public Appointments Policy by incorporating Appendix H, as amended by Recommendation 4, to the report as Appendix E.8 to the Policy and authorize the City Clerk to begin the advertised recruitment process to select the first members of the Sign Variance Committee using the qualifications and process described in the Public Appointments Policy, as so amended.

6.         City Council delegate to the Chief Building Official the legislative authority, which is deemed to be minor in nature, to grant variances to the provisions of the City of Toronto Municipal Code, dealing with first party signs in accordance with the criteria for evaluating applications for variances set out in Appendix A to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer, subject to a provision for the Ward Councillor(s), the applicant, or any party who received notice in accordance with the provisions in the Sign By-law, to appeal the decision of the Chief Building Official to the Sign Variance Committee, such delegation to come into effect on April 6, 2010.

7.         City Council delegate to the Sign Variance Committee the authority to make final decisions on the hearing of appeals of the Chief Building Official’s decisions on first party sign variance applications and to make decisions on third party sign variance applications in accordance with the criteria for evaluating applications for variances set out in Appendix A to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer, such delegation to come into effect on April 6, 2010.

8.         City Council repeal Subsection 1 (f) (i) of the Schedule “B” to By-law No. 22980 of the former City of Scarborough; Subsections 297-12N and 297-13 of Chapter 297, Signs, of the Municipal Code of the former City of Toronto, as amended; Sections 835.5.2.42.1, (Sign Review Committee- defined), 835.5.8 (Application for minor variance), and 835.5.9 (Application – minor variance – review) of Chapter 835, Sign, of the Municipal Code of the former City of York, as amended; and, Subsections 215-8B,C and 215-31 of Chapter 215, Signs, of the Municipal Code of the former City of Etobicoke, as amended, such repeal to take effect on April 6, 2010.

9.         Council adopt an annual Third Party Sign Tax (the “TPST”), payable by all Third Party Sign Owners on each Third Party Sign owned by them, to be effective July 1, 2010, in accordance with the design features set out in Appendix E to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer, with the exception of the rates.

10.       City Council amend Municipal Code Chapter 27, Council Procedures, by adding 27-126 C. (2)(d) to delegate the hearing of any TPST appeals to the Government Management Committee and designate the Government Management Committee as the City’s appeal and dispute resolution body under the TPST by-law.

11.       City Council adopt the fees as set out in Appendix F to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer,  and authorize Chapter 363, Building Construction and Demolition, and  Chapter 441, Fees and Charges of the Municipal Code to be amended to include such fees.

12.       City Council authorize the inclusion within the Toronto Building 2010 interim operating budget of an amount of $205,000 to fund the start-up of the dedicated Sign Unit until April 30, 2010 and forward the full budget for the dedicated Sign Unit, outlined in this report to be funded from the TPST, to the 2010 Operating Budget process for consideration.

13.       City Council allocate $1,004,400 in 2010 and $1,158,100 in 2011 from the revenues of the TPST to the dedicated Sign Unit in Toronto Building to fund the administration and enforcement of the sign by-law and the administration and collection of the TPST.

14.       City Council authorize an increase in the 2009 Toronto Building Base Budget of $470,600 to secure the space and equipment for the dedicated Sign Unit required to support the administration of the unit, and that such amount be withdrawn from the Public Realm Reserve Fund as a one-time draw, and to be repaid from the revenues of the TPST.

15.       City Council allocate $1, 413,600 from the revenues of the TPST towards repayment of the Public Realm Reserve Fund for the cost to secure space and equipment and program development costs and refer the remainder of the net revenues to the 2010 budget cycle to offset funding for City beautification and arts and culture initiatives, with a particular emphasis on visual and community arts.

.

16.       If City Council does not adopt Recommendation 9 and the TPST it recommends, the Chief Financial Officer and the Chief Building Official and Executive Director, Toronto Building, be directed to consider and report back to Executive Committee no later than April 2010, with recommendations to adopt an annual fee on all Third Party Sign Owners for the purpose of recovering the costs of the administration and enforcement of the City’s sign regulations.

17.       City Council authorize the City Solicitor to prepare the necessary Bills for introduction in Council to implement the above recommendations, subject to such stylistic and technical changes to the draft bills as may be required.

18.       City Council request the City Manager to review the regulatory program after one full year of operation to ensure that it has sufficient resources to effectively and vigorously enforce the Sign By-law in all of its aspects.

The Planning and Growth Management Committee:

1.         Referred the following motions to the Chief Building Official and Executive Director, Toronto Building for consideration and report directly to City Council:

a.         Electronic fuel pump signs be limited in their application to no more than 50% of the fuel pumps on any particular property.

b.         Each of the following potential changes to the proposed New Sign By-law:

-           Including in the Definition of "Modification" changes to lighting modes or levels.

-           Adding to Appendix A, Subsection 694-5 Permits,  on the understanding that these are available for public inspection.

-           Extending the prohibition of signs on railway bridges to all bridges.

c.         The notification provisions in the by-law which are proposed for owners be also extended to business and residential tenants, the expense for which be paid by the applicant.

d.         All reference to 100 metre distance separation between third party signs be amended to read 150 metres.

e.         Appendix A, Subsection 694-24A (26) be amended to change “Avenue Road” to read “Bathurst Street”.

f.          The effective date of the tax as set out in Recommendation 9 of the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer be amended to be the same date as the Sign By-law goes into effect.

g.         Appendix A, Subsection 694.21 A.(2) Home Occupation Ground Signs in ‘R’ Districts be deleted and that such signs be specifically prohibited.

h.         All illuminated third party signs as identified in the by-law be required to install timer devices, and that staff bring forward to Council, as part of the by-law, proposed shut-off/on times by district with provisions to accommodate special sign districts.

2.         Requested the Chief Building Official and Executive Director, Toronto Building, and the Deputy City Manager and Chief Financial Officer, to report directly to City Council on the following:

a.         an estimate of the additional tax revenues that would be generated if 694-2 Scope, article (2) of Appendix A of the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer, were deleted;

b.         a review of alternative methods of ensuring that taxes will be paid including, but not limited to, security deposits, letters of credit or consideration of transferring the responsibility for the tax to the owner of the property which would subsequently be reflected in the rent paid by the owner of the billboard; and

c.         a detailed economic analysis to determine the proposed tax rates and also a  comparative analysis of sign taxes levied in other North American jurisdictions, in order for City Council to determine appropriate tax rates.

3.         Requested  the Chief Building Official and Executive Director, Toronto Building, to consider any new recommendations for changes to the by-law presented by the deputants, and report directly to City Council on any proposed amendments.

The Planning and Growth Management Committee held a public meeting on November 4, 2009, and notice was given in accordance with the Municipal Code and City of Toronto Act, 2006.

This strategy will establish up-to-date and consistent regulations for newly erected signage throughout the City.

This report also describes and recommends the implementation of a third party sign tax, under the authority of Section 267 of the City of Toronto Act, 2006 to support the administration and enforcement of the new Sign by-law, as wells as city beautification and ongoing investment in arts and culture in response to council’s direction of October 2007.

Improvements to the administration of sign regulation in the City are recommended, including: the creation of a dedicated sign unit to consolidate the responsibility for sign regulation across the City; and, changes to the delegation of responsibility for decisions on sign variance applications and Sign By-law amendments.

Overall, these decisions will:

-           update and improve the regulation of signage;

-           enable the City to more effectively enforce the Sign By-law through the creation of a dedicated sign unit that would assume all responsibility for sign regulation in the City;

-           provide capacity to track all third party sign installations through the maintenance of an inventory of third party signs to assist in proactive enforcement; as well as,

-           provide a source of revenue for City priorities by the collection of the proposed tax on third party advertising installations.