(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:

"WHEREAS 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 "Prohibition 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 "Prohibition 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 "applies 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.

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 "Third Party Advertising (400 metre Prohibition).

Table No. 2

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 "Third 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 "Transfer 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:

1. 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.

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.

(A copy of sketch maps Nos. Z-18-85, Z-203-02, Z-04-17 and Z-200-03, which were appended to the foregoing report dated April 15, 1998, from the Interim Functional Lead, Transportation, are on file in the office of the City Clerk.)

(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-Committee.)

Respectfully submitted,

JOE PANTALONE,

Chair

Toronto, April 20, 1998

(Report No. 5 of The Urban Environment and Development Committee, including additions thereto, was adopted, as amended, by City Council at its Special Meeting on April 28 and May 1, 1998.)

Clause Page

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. 3247