City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

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.

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.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council amend Attachment 1 of the report (October 14, 2009) from the Chief Planner and Executive Director, City Planning, by adding the following sentence at the end of the proposed Official Plan Amendment:

“In commercial heritage conservation districts where the prevailing floorplate size is an important feature of the district’s heritage character, the zoning regulations for ground floor commercial retail uses in new buildings must provide for a maximum store or commercial unit size based on the foregoing considerations, and consistent with the heritage conservation district plan.”

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 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.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

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 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.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

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.         City Council request 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, to 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 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.

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

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 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).

City Council on November 30, December 1, 2, 4 and 7, 2009, adopted the following:

1.         City Council amend the City of Toronto Municipal Code substantially in accordance with the draft by-law in Appendix A, attached to the report (November 27, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer, (which consolidates additional amendments to the draft Sign By-law as detailed in Appendix K to the November 27, 2009 report) 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, with the following amendments:

a.         deleting from sub-section 694-18.C, the hours "12 a.m. and 6 a.m." and inserting instead the hours of "11:00 p.m. and 7:00 a.m.", so that the sub-section now reads:

               694-18 Illumination.

"C.       No sign shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m. except where:

1.         the sign is a first party sign associated with a lawful business which operates during this period and only while the business is actually in operation; or

2.          the sign is located in the Downtown Yonge Street Special Sign District, the Dundas Square Special Sign District, or the Gardiner Gateway Special Sign District."

b.         adding to sub-section 694.6 A(3), the words "or BIA", so that the sub-section now reads:

                          694-6 Exemption from permit requirements.

                          "A(3) A sign erected by a charitable, cultural or community organization, or BIA, for the purpose of advertising events held or sponsored by such organization, provided:"

2.         City Council direct that no new outdoor advertising concepts be executed or permitted unless specifically identified in the by-law, and that any approach to outdoor advertising be submitted to staff and approved by Council before production and display.

3.         City Council direct that electronic fuel pump signs be limited in their application to no more than 50 percent of the fuel pumps on any particular property.

4.         City Council direct that the notification provisions which are proposed for owners, be also extended to business and residential tenants and such additional notification may be by way of postal drop or bill distribution all at the expense of the applicant.

5.         City Council adopt Schedule ‘A’ - Sign Districts, of the proposed Chapter 694, in a form substantially consistent with Appendix B to the report (November 27, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer.

6.         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.

7.         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 Part 10 below, with Appendix H amended as follows:

a.         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.".

b.         Amending Bullet Point 5 of the Qualifications Section to now read:

"-   at least 3 members have adjudication experience and 2 members have public speaking and organizational skills, to be able to chair meetings public meetings and maintain order in conflict situations."

8.         City Council amend the Public Appointments Policy by incorporating Appendix H, as amended by Part 7 above, 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.

9.         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.

10.       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, subject to an appeal in respect of approved variances only, at the instance of the Ward Councillor(s) to the Community Council and then to City Council for final decision, such delegation to come into effect on April 6, 2010.

11.       City Council request the Deputy City Manager, Cluster B, to report to the Planning and Growth Management Committee on possible amendments to the by-law and to Chapter 27, Council Procedures, of the City of Toronto Municipal Code, which would implement Part 10 above.

12.       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.

13.       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 on the date the sign by-law comes into effect, 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.

14.       City Council establish and adopt tax rates to be applied to the annual Third Party Sign Tax 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.

15.       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.

16.       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.

17.       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.

18.       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.

19.       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.

20.       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.

21.       City Council request the City Manager to consider and report back to the Planning and Growth Management Committee, prior to the effective date of the tax only if any recommended amendments are required, to be based on any sign industry financial statements, including worksheets, and access to Auditors and third-party Auditors, to be received before March 31, 2010.

22.       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.

23.       City Council request the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer, to co-ordinate with MPAC to ensure that the assessment of property value with respect to signs is considered in the context of the tax adopted by Council.

24.       City Council request the Deputy City Manager, Cluster B, to report to the Planning and Growth Management Committee on possible amendments to the by-law to permit the installation of signs installed as a parapet above the level of the roof in exchange for the removal of an existing roof sign on the same premises.

25.       City Council request the Deputy City Manager, Cluster B, to report to the Planning and Growth Management Committee on options to restrict signage in the waterfront area, including the possibility of establishing a Special Sign District to apply to the waterfront area.

26.       City Council request the Executive Director, Municipal Licensing and Standards, to report to the April 29, 2010 meeting of Licensing and Standards Committee, on a mechanism to regulate control and/or eliminate third party signs/billboards on moving vehicles.

27.       City Council refer the following motion to the Deputy City Manager, Cluster B, to address in his one-year review of the new by-law:

              Moved by Councillor Kelly:

              That the draft sign by-law attached to the report (November 27, 2009) from the Deputy City Manager, Cluster B, and the Deputy City Manager and Chief Financial Officer [PG33.10b] as Appendix A – Revised Appendix A – New Sign By-law for the City of Toronto, be amended by adding to Section 694-22.A, the words "and electronic static copy", so that the sub-section now reads:

                        694-22 Third party sign general regulations.

"A.       Third party signs are permitted to display mechanical copy and electronic static copy."

28.       City Council refer the following motion to the Chief Building Official and Executive Director, Toronto Building, for a report to the Planning and Growth Management Committee:

              Moved by Councillor Mammoliti:

              That the draft sign by-law attached to the report (November 27, 2009) from the Deputy City Manager, Cluster B, and the Deputy City Manager and Chief Financial Officer [PG33.10b] as Appendix A – Revised Appendix A – New Sign By-law for the City of Toronto, be amended by:

              a.       amending Section 694-19, headed "Sign Districts", to include a new sign district for Emery Village, which should include a map outlining the district in Schedule A, and be described as follows:

                          (16) EV-SSD   Emery Village Special Sign District.

b.         amending Section 694-26, headed "Special sign district sign regulations", to include Emery Village as follows:

                         The Emery Village Special Sign District may, subject to conforming to Emery Village Business Improvement Area sign design standards as described in Schedule B of this chapter and the approval of the Emery Village Business Improvement Area sign committee, contain the following third party signs:

1.          wall sign erected on a property designated C-Commercial, E-Employment and U-Utility.

a          The sign face area shall not exceed 22 square metres.

b.         The height shall not exceed 15.0 metres.

c.         The sign shall not be erected within 30 metres of the intersection of a major street with any other street.

                                     d.        The sign shall not be erected or displayed within 30 metres of any premises located, in whole or part, in a R, RA, or OS sign district.

e.         The sign shall not extend beyond either end of the wall on which it is erected.

f.          The sign shall have no more than one single face.

g.         The sign shall not extend above the wall or parapet wall of the building on which it is erected.

2.         A ground sign erected on a property designated C-Commercial,  E-Employment and U-Utility provided:                    

a.               The sign face area shall not exceed 22 square metres.

b.         The height shall not exceed 10.0 metres.

c.         The sign shall not be erected within 30 metres of the intersection of a major street with any other street.

d.         The sign shall not be erected within 2.0 metres of a property line.

e.         The sign shall not be erected within 6.0 metres of a street line.

f.          The sign shall not be erected or displayed within 30 metres of any premises located, in whole or part, in a R, RA, or OS sign district.

g.         The sign shall have no more than two sign faces.

                              3.   Notwithstanding sub-section 694-15B(2) a roof sign erected on a property designated C-Commercial and E-Employment provided:

a.         The sign face area shall not exceed 22 square metres.

b.         The sign shall not be erected on a building exceeding 3 stories.

c.         The height shall not exceed 10.0 metres from the roof directly below the sign.

d.         The sign shall not be erected within 30 metres of the intersection of a major street with any other street.

e.         The sign shall not be erected or displayed within 30 metres of any premises located, in whole or part, in a R, RA, or OS sign district.

f.          The sign shall have no more than two sign faces.

4.         A ground sign containing electronic static copy erected on a property designated as C-Commercial,  E-Employment and U-Utility provided:

a.         The sign face area shall not exceed 50 square metres.

b.         The height shall not exceed 10.0 metres.

c.         The sign shall not be erected within 30 metres of the intersection of a major street with any other street.

d.         The sign shall not be erected within 2.0 metres of a property line.

e.         The sign shall not be erected within 6.0 metres of a street line.

f.          The sign shall not be erected or displayed within 100 metres of any premises located, in whole or part, in a R, RA, or OS sign district.

g.         The sign shall not be erected within 200 metres of another third party sign containing electronic static copy.

h.         The sign shall have no more than two sign faces.

5.         A roof sign containing electronic static copy erected on a property designated as C-Commercial,  E-Employment  provided:

a.         The sign face area shall not exceed 50 square metres.

b.         The sign shall not be erected on a building exceeding 3 stories.

c.         The height shall not exceed 10.0 metres from the roof directly below the sign.

d.         The sign shall not be erected within 30 metres of the intersection of a major street with any other street.

e.         The sign shall not be erected or displayed within 30 metres of any premises located, in whole or part, in a R, RA, or OS sign district.

f.          The sign shall have no more than two sign faces.

g.         The sign shall not be erected within 200 metres of another third party sign containing electronic static copy.

6.         A wall sign containing electronic static copy erected on a property designated C-Commercial, E-Employment provided:

a.        The sign face area shall not exceed 50 square metres.

b.        The height shall not exceed 15.0 metres.

c.        The sign shall not be erected within 30 metres of the intersection of a major street with any other street.

d.       The sign shall not be erected or displayed within 30 metres of any premises located, in whole or part, in a R, RA, or OS sign district.

e.        The sign shall not extend beyond either end of the wall on which it is erected.

f.        The sign shall have no more than one single face.

g.        The sign shall not extend above the wall or parapet wall of the building on which it is erected.

h.        The sign shall not be erected within 200 metres of another third party sign containing electronic static copy.

7.         Notwithstanding any provisions to the contrary in this chapter, any existing third party sign that has been legally erected before or after the adoption of this chapter can be replaced in whole or in part providing that the height of the new sign does not exceed the height of the existing sign, and the sign face area of the new sign does not exceed the sign face area of the existing sign or the maximum sizes outlined in the EV-SSD, whichever is greater.  The new sign may contain mechanical copy.

29.       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.

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.

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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.