May 6, 1998
URBAN ENVIRONMENT AND DEVELOPMENT COMMITTEE:
City Council, at its Special Meeting held on April 28 and May 1, 1998, had before it Clause No. 1 of Report No. 5 of The
Urban Environment and Development Committee, headed AProhibition of Advertising Signs Abutting the F. G. Gardiner
Expressway (Formerly the Queen Elizabeth Way), Eglinton Avenue West, Highway No. 2, Highway No. 2A, and Highway
No. 27@.
Council struck out the recommendation of the Urban Environment and Development Committee and inserted in lieu
thereof the following:
AWHEREAS by Order in Council 534/97, 535/97 and 647/97 the City has acquired former provincial highways with the
result that the provincial regulations with respect to signs on the lands abutting those highways have ceased to apply; and
WHEREAS it would be prudent to prohibit third party signs on the lands abutting the newly acquired highways;
NOW THEREFORE BE IT RESOLVED THAT:
(1)Council propose to enact a sign by-law as an interim measure pursuant to the Municipal Act, to prohibit third party
advertising within 400 metres of any limit of the sections of highway generally described as: the F.G. Gardiner Expressway
from Highway 427 to Humber River; Eglinton Avenue from The East Mall to a point 0.5 kilometres east; Highway 2A
from Highway 401 to old Highway 2 (Kingston Road); Highway 27 from Highway 401 to Steeles Avenue; and Highway 2
from Highway 401 to the City of Toronto and Durham boundary;
(2)Council delegate to the Urban Environment and Development Committee the function of hearing deputations from the
public on the proposed by-law; and (3)City staff be directed to give notice, in accordance with the Municipal Act, of the Urban Environment and Development
Committee meeting at which the proposed by-law is to be discussed and to take any other steps necessary to give effect to
this resolution@.
City Clerk
M. Brown/csb
Encl.
Clause sent to:Urban Environment and Development Committee
City Solicitor
Interim Functional Lead, Transportation
Director, Outdoor Advertising Association of Canada
President, Maypole Dairy Products Limited
Permits Co-ordinator, Leasing and Legislation,
Gould Outdoor Advertising
General Manager, Sign Association of Canada
CITY CLERK
Clause embodied in Report No. 5 of the Urban Environment and Development Committee, as adopted
by the Council of the City of Toronto at its Special Meeting held on April 28 and May 1, 1998.
1
Prohibition of Advertising Signs Abutting
the F.G. Gardiner Expressway (formerly
the Queen Elizabeth Way), Eglinton Avenue West,
Highway No. 2, Highway No. 2A, and Highway No. 27.
(City Council at its Special Meeting on April 28 and May 1, 1998, amended this Clause by striking out the recommendation
of the Urban Environment and Development Committee and inserting in lieu thereof the following:
AWHEREAS by Order in Council 534/97, 535/97 and 647/97 the City has acquired former provincial highways with the
result that the provincial regulations with respect to signs on the lands abutting those highways have ceased to apply; and
WHEREAS it would be prudent to prohibit third party signs on the lands abutting the newly acquired highways;
NOW THEREFORE BE IT RESOLVED THAT:
(1)Council propose to enact a sign by-law as an interim measure pursuant to the Municipal Act, to prohibit third party
advertising within 400 metres of any limit of the sections of highway generally described as: the F.G. Gardiner
Expressway from Highway 427 to Humber River; Eglinton Avenue from The East Mall to a point 0.5 kilometres east;
Highway 2A from Highway 401 to old Highway 2 (Kingston Road); Highway 27 from Highway 401 to Steeles Avenue; and
Highway 2 from Highway 401 to the City of Toronto and Durham boundary;
(2)Council delegate to the Urban Environment and Development Committee the function of hearing deputations from the
public on the proposed by-law; and
(3)City staff be directed to give notice, in accordance with the Municipal Act, of the Urban Environment and Development
Committee meeting at which the proposed by-law is to be discussed and to take any other steps necessary to give effect to
this resolution.@ )
The Urban Environment and Development Committee recommends the adoption of the report (April 15, 1998) from
the Interim Functional Lead, Transportation.
The Urban Environment and Development Committee reports, for the information of Council, having:
(1)directed that this matter be forwarded to Council for consideration at its special meeting scheduled to be held on April
28, 1998;
(2)requested the City Solicitor to submit directly to Council on April 28, 1998:
(a)a confidential report on the implications of this matter; and
(b)an interim control by-law to reflect the intent of the report (April 15, 1998) from the Interim Functional Lead,
Transportation;
(3)requested, in the interim, that the Interim Functional Lead, Transportation, conduct a study with respect to signage on
former provincial highways;
(4)directed that a copy of the report (April 15, 1998) from the Interim Functional Lead, Transportation, be forwarded to the
Road Allowance Sub-Committee, with a request that the Sub-Committee meet with representatives of the sign industry and
the appropriate City officials to discuss the industry's concerns, and report thereon back to the Urban Environment and
Development Committee prior to the finalization of the sign by-law; and
(5)received the following report (March 5, 1998) from the Interim Functional Lead, Transportation, and the
communications (April 17, 1998) from Mr. Blair Murdoch, Director, Outdoor Advertising Association of Canada, and
(April 14, 1998) addressed to the Interim Functional Lead, Transportation, from Mr. Blair Sinclair, President, Maypole
Dairy Products Limited.
The Urban Environment and Development Committee submits the following report (April 15, 1998) from the
Interim Functional Lead, Transportation:
Purpose:
The purpose of this report is to extend the existing municipal codes/by-laws to control the location of third party
advertising signs abutting the sections of former provincial highways that were transferred to the former Municipality of
Metropolitan Toronto on April 1, 1997.
Funding Sources, Financial Implications and Impact Statement:
There are no financial implications to the City through the enactment of the requested regulation.
Recommendations:
It is recommended that:
(1)a sign by-law/municipal code provision be enacted to prohibit third party advertising within 400 metres of the road
sections shown in Table No. 1, entitled "Third Party Advertising (400 m Prohibition)", attached to this report, and to
authorize appropriate staff to take the necessary steps to give effect thereto;
(2)the Urban Environment and Development Committee direct staff to give public notice as to hearings on a proposed sign
by-law; and
(3)Council delegate to the Urban Environment and Development Committee the authority to hear the public on this matter.
Council Reference/Background/History:
At its meeting of March 23 and 24, 1998, the Urban Environment and Development Committee deferred consideration of a
report dated March 5, 1998, entitled AProhibition of Advertising Signs Abutting the F.G. Gardiner Expressway (formerly
Queen Elizabeth Way), Eglinton Avenue West, Highway No. 2, Highway No. 2A and Highway No. 27", in order to give
staff the opportunity to review the matter further particularly with respect to the question of whether a 400 metre restrictive
zone, as previously imposed by the Ministry of Transportation, would be possible. (See attached Tables Nos. 1 and 2.)
Discussion:
The recommendation in the report dated March 5, 1998, entitled AProhibition of Advertising Signs Abutting the F.G.
Gardiner Expressway (formerly Queen Elizabeth Way), Eglinton Avenue West, Highway No. 2, Highway No. 2A and
Highway No. 27", was to extend the 45 metre sign prohibition contained in Metro By-Law No. 211-79 to all controlled
access roads in the City as allowed under authority of the former Municipality of Metropolitan Toronto Act. The relevant
sections of the Act allowed the former Metropolitan Council to exercise the powers under the Planning Act to control
zoning on all lands lying within a distance of 45 metres from any limit of a Metropolitan Toronto road.
As a result of the directive from the Urban Environment and Development Committee, staff of the Toronto, Etobicoke,
Scarborough and Metro service areas met to discuss the proposed 45 metre sign prohibition in the context of the
development of a consolidated sign by-law/municipal code provision. It was the consensus that the sign and zoning
by-laws/municipal codes do not adequately protect against a potential proliferation of third party advertising signs in
proximity to the recently acquired roads. Until the assumption by the former Metro government, no third party commercial
advertising was allowed within 400 metres of the previously mentioned controlled access highways due to the prevailing
provincial legislation.
The staff group felt that as an interim measure, prior to the enactment of a consolidated sign by-law, it would be preferable
to enact a sign by-law containing a prohibition on third party commercial advertising equal to that previously imposed
under provincial legislation. To enable the City to impose such a regulation, it was concluded that the power contained in
the Municipal Act to pass a sign by-law prohibiting or regulating signs on defined areas or on areas abutting defined
highways should be utilized.
The Municipal Act requires that notice be published in a newspaper 14 days in advance of Council=s meeting and that
Council hear any person who Aapplies to be heard@. Council, if it desires, may delegate the function of hearing the public
to the Urban Environment and Development Committee.
In the interim, it is proposed that staff will hold all applications for third party advertising in the areas outlined in the body
of this report until Council has made its decision. Staff will also advise those making such an application of the opportunity
to make a deputation at the public meeting being held to discuss this matter.
Conclusion:
The prohibition of third party commercial advertising within 400 metres of the road sections previously legislated by the
Province should be continued.
Contact Name:
Mr. Keeva G. Lane, Supervisor, Road Allowance Control, Transportation, 392-9312.
Fax: 392-9317. E-mail address: keeva_lane.metrodesk.metrotor.on.ca.
Table No. 1
Third Party Advertising
(400 metre Prohibition)
Road |
From |
To |
F.G. Gardiner Expressway |
Highway No. 427 |
Humber River |
Eglinton Avenue |
The East Mall |
A point 0.5 kilometres east |
Highway No. 2A |
Highway No. 401 |
Old Highway No. 2
(Kingston Road) |
Highway No. 27 |
Highway No. 401 |
Steeles Avenue |
Highway No. 2 |
Highway No. 401 |
Metro/Durham boundary |
Note:See attached sketch maps for graphic depictions of the proposed third party sign prohibitions abutting the road
sections indicated on Table No. 1, entitled AThird Party Advertising (400 metre Prohibition).
Table No. 2
Existing Third Party Advertising
(45 metre Prohibition)
Road |
From |
To |
By-Law |
Lake Shore
Boulevard East |
Leslie Street |
Woodbine Avenue |
373 |
The Queensway |
Parklawn Road |
Roncesvalles Avenue |
677 |
Don Valley Parkway |
F.G. Gardiner Expressway |
Sheppard Avenue
East |
211-79 |
F.G. Gardiner
Expressway |
Leslie Street |
Humber River |
211-79 |
Bayview Avenue |
River Street Ramp |
Nesbitt Drive |
211-79 |
Eglinton Avenue East |
Brentcliffe Road |
Jonesville Crescent |
211-79 |
Mt. Pleasant Road |
Bloor Street East |
St. Clair Avenue East |
211-79 |
Lawrence Avenue
East |
Donway East |
Victoria Park Avenue |
211-79 |
The Urban Environment and Development Committee also submits the following report (March 5, 1998) from the
Interim Functional Lead, Transportation:
Purpose:
The purpose of this report is to obtain authority to amend former Metropolitan Toronto By-law No. 211-79 to prohibit the
installation of third party advertising signs abutting those sections of former provincial highways transferred to the former
Municipality of Metropolitan Toronto on April 1, 1997.
Funding Sources, Financial Implications and Impact Statement:
There are no financial implications to the City through the enactment of the requested by-law amendment.
Recommendation:
It is recommended that the former Metropolitan Toronto By-law No. 211-79 be amended to include the road sections
shown in Table No. 1, entitled AThird Party Advertising (45 metres Prohibition)@ attached to this report, and to authorize
the appropriate staff to take the necessary steps to give effect thereto.
Council Reference/Background/History:
At its meeting of March 26, 1997, the former Metropolitan Council adopted Clause No. 1 of Report No. 7 of The Planning
and Transportation Committee, entitled ATransfer of Parts of the Queen Elizabeth Way, Eglinton Avenue West, Highway
No. 2, Highway No. 2A and Highway No. 27". In adopting the report, Council:
(1)designated the aforementioned roads as controlled access roads;
(2)designated them a through highway; and
(3)enacted regulations pertaining to the control of traffic on the subject sections of road.
Discussion:
For the purpose of this report first party signs are defined as those directly associated with the ownership of the property on
which they are erected. Second party signs are defined as those advertising the goods, wares or services of the tenant(s) or
occupant(s) of the property owner on which the sign(s) is erected. Third party signs are defined as those advertising the
goods or services of a company or individual who is neither the owner(s), tenant(s) or occupant(s) of the property on which
the sign is erected.
Prior to the road sections mentioned earlier in this report being transferred to Metropolitan Toronto, signs abutting them
were regulated by Section No. 34 (2)(c), of the Public Transportation and Highway Improvement Act. Under the Act, no
person shall, except under permit therefor from the Minister: (a) place any sign notice or advertising device whether it contains words or not other than one sign not more than 60
centimeters by 30 centimeters in size displaying the name or the name of the occupation of the owner of the premise to
which it is affixed or the name of such premise within 400 metres of any limit of a controlled access highway.
When the road sections were transferred to Metropolitan Toronto, the provisions of this section of the Act lapsed and,
therefore, it is now necessary to enact appropriate regulations. The placement of signs adjacent to a number of sections of
the former Metro road system is regulated by By-law No.211-79 which reads, in part, as follows:
(1)no person shall use any land within any land hereinafter defined for the erection or the display of any sign, bill board or
advertising device other than signs advertising the property on which they are erected for sale or signs identifying or
advertising ownership or the products of the owners or occupants of such land or directional signs at each point of ingress
or egress from such land.
This restriction applies to an area within 45 metres of the designated road section as itemized in Table No. 2.
Between April 1, 1997, to date, there have been six sign approvals granted for lands abutting the F.G. Gardiner Expressway
(formerly the Queen Elizabeth Way) and four for lands abutting Highway No. 27. These signs were located at a distance
greater than 45 metres (approximately 150 feet) from any portion of the F.G. Gardiner Expressway (formerly the Queen
Elizabeth Way) and Highway No. 27.
The proposed amendments to By-law No. 211-79 will add the road sections listed in Table No. 1 to the list of roads in
By-law No. 211-79 whereby the placement of third party signs is restricted to a distance greater than 45 metres
(approximately 150 feet) from any portion of the designated road section.
Conclusions:
The sections of roads transferred to the former Municipality of Metropolitan Toronto by the Province should be protected
from advertising signs to the same degree as comparable road sections existing within the City of Toronto main (formerly
Metro) road network.
Contact Name:
Mr. Keeva G. Lane, Supervisor, Road Allowance Control, Transportation, 392-9312.
Fax: (416) 392-9317. E-mail address: keeva_lane.metrodesk.metrotor.on.ca.
Table No. 1
Third Party Advertising
(45 metres Prohibition)
Road |
From |
To |
F.G. Gardiner Expressway |
Highway No. 427 |
Humber River |
Eglinton Avenue |
The East Mall |
A point 0.5 kilometres east |
Highway No. 2A |
Highway No. 401 |
Old Highway No. 2 (Kingston Road) |
Highway No. 27 |
Highway No. 401 |
Steeles Avenue |
Highway No. 2 |
Highway No. 401 |
Metro/Durham boundary |
Table No. 2
Existing Third Party Advertising
(45 metres Prohibition)
Road |
From |
To |
By-Law |
Lake Shore Boulevard
East |
Leslie Street |
Woodbine Avenue |
373 |
The Queensway |
Parklawn Road |
Roncesvalles Avenue |
677 |
Don Valley Parkway |
F.G. Gardiner Expressway |
Sheppard Avenue
East |
211-79 |
F.G. Gardiner
Expressway |
Leslie Street |
Humber River |
211-79 |
Bayview Avenue |
River Street Ramp |
Nesbitt Drive |
211-79 |
Eglinton Avenue East |
Brentcliffe Road |
Jonesville Crescent |
211-79 |
Mt. Pleasant Road |
Bloor Street East |
St. Clair Avenue
East |
211-79 |
Lawrence Avenue East |
Donway East |
Victoria Park
Avenue |
211-79 |
The Urban Environment and Development Committee reports, for the information of Council, also having had before it the
following communications:
(i)(April 17, 1998) from Mr. Blair Murdoch, Director, Outdoor Advertising Association of Canada, advising that the
Association has only recently learned that the Urban Environment and Development Committee is reviewing the
regulations with respect to signs along the newly-assumed Queen Elizabeth Way; that the Association was not informed of
the initial recommendations or of the subsequent review of this matter; and requesting that the Association, and its
members, be given an opportunity to review the recommendations embodied in the latest staff report, and to meet with staff
to provide input to this issue.
(ii)(April 14, 1998) addressed to the Interim Functional Lead, Transportation, from Mr. Blair Sinclair, President, Maypole
Dairy Products Limited, advising of the serious financial implications for his firm as a result of the proposed changes in the
Toronto Transportation policy with respect to the setback regulations for signs facing the F. G. Gardiner Expressway; and
urging that Maypole Dairy Products Limited not be denied the opportunity to generate some additional revenue which is
essential to the firm's future growth.
The following persons appeared before the Urban Environment and Development Committee in connection with the
foregoing matter:
-Mr. Just Cole, Permits Co-ordinator, Leasing and Legislation, Gould Outdoor Advertising;
-Mr. Ross Muzylo, President, Outdoor Opportunities Inc., on behalf of Canadian National Railways and Canadian Pacific
Railways; and
-Mr. Blair Murdoch, Director, Outdoor Advertising Association of Canada, and General Manager and Vice-President of
Mediacom.
(City Council at its Special Meeting on April 28 and May 1, 1998, had before it, during consideration of the foregoing
Clause, a confidential report (April 27, 1998) from the City Solicitor, such report to remain confidential in accordance
with Section 55(9) of the Municipal Act.)
(City Council also had before it during consideration of the foregoing Clause, a communication (April 27, 1998) from the
General Manager, Sign Association of Canada, requesting that the proposed sign control interim by-law not be approved
and requesting, in its stead, that the 45 metre set-back allowance agreement be maintained pending the decision reached at
a meeting with the Road Allowance Sub-Commitee.)
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