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TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on November 25, 26 and 27, 1998

NORTH YORK COMMUNITY COUNCIL

REPORT No. 12

1Process for Disposal of City Property

2Sign By-law Variance Request - First Floor Wall Signage and Roof Level Signage - Trimark Trust and Steel Art Signs - 5140 Yonge Street - North York Centre



City of Toronto

REPORT No. 12

OF THE NORTH YORK COMMUNITY COUNCIL

(from its meetings on September 16 and October 14, 1998,

submitted by Councillor Milton Berger, Chair)

As Considered by

The Council of the City of Toronto

on November 25, 26 and 27, 1998

1

Process for Disposal of City Property

(City Council on November 25, 26 and 27, 1998, amended this Clause in accordance with the following Motion which was adopted by Council:

Moved by:Councillor Flint

Seconded by:Councillor Feldman

"WHEREAS City Council at its meeting held on October 1 and 2, 1998, reopened and held Clause No. 1 of Report No. 11 of The Corporate Services Committee, headed 'Acquisition and Disposal of Real Property'; and

WHEREAS the acquisition and disposal of small parcels of Real Property can be of special interest and significance to Councillors and Community Councils; and

WHEREAS Councillors can often provide beneficial and helpful insight into local real estate matters;

NOW THEREFORE BE IT RESOLVED THAT the recommendations in North York Community Council Report No. 12, Clause No. 1, be struck out and the following substituted therefor:

"that the report dated May 11, 1998, from the Commissioner of Corporate Services, as amended by City of Toronto Council at its meeting held on July29, 30, 31, 1998, be adopted subject to:

(1)amending Appendix C, embodied therein, entitled 'Processes for Declaring Properties Surplus', by:

(a)adding to section (1) the following: '(d) identified by a Councillor', so that section (1) now reads:

'(a)corporate asset reviews such as space rationalization;

(b)department reorganization, reduction in staffing or program change;

(c)a new tax sale property; and

(d)identified by a Councillor;';

(b)adding to section (2) the words 'the local Councillor(s)', so that section (2) now reads: 'a review to be undertaken by the Facilities and Real Estate Division, consulting with other departments and the local Councillor(s) to determine applicable consideration, ....';

(c)adding to section (4)(a)(i) 'and the local Councillor(s)', so that it now reads: 'report is submitted by the Executive Director to Property Management Committee and the local Councillor(s) on submissions of interests.';

(d)adding to sections (4)(e)(i) and (4)(e)(ii) the letter 's' to the word owner, so that it now reads: 'and sold to the abutting owners' and 'if the owners are not interested, ....';

(e)adding to section (5) the words 'appropriate Community Council', so that it now reads: 'on the agenda of the appropriate Community Council or the Corporate Services Committee.';

(2)Amending Appendix D, embodied therein, entitled 'Processes for Acquisition', by:

(a)adding to section (3)(a)(i) the words 'and local Councillor(s)', so that it now reads: 'report is submitted by the Commissioner of Corporate Services to the Property Management Committee and the local Councillor(s) on alternatives and recommendations.';

(b)adding to section (3)(b)(i) the words 'and the local Councillor(s)', so that it now reads: 'report is submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee and the local Councillor(s) on alternatives and recommendations.';

(c)adding to section (3)(c)(i) the words 'and the local Councillor(s)', so that it now reads: 'report is submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee and the local Councillor(s) on alternatives and recommendations.';

AND BE IT FURTHER RESOLVED THAT the buying and selling of real estate valued up to $500,000.00 or otherwise deemed by a local Councillor, the Chief Administrative Officer and the Commissioner of Corporate Services to be of local significance, be considered by the appropriate Community Council for recommendation to City Council; and that authorization be granted for the introduction of any Bills necessary to give effect thereto;

AND BE IT FURTHER RESOLVED THAT adoption of this Motion be deemed to be notice to amend the Council Procedural By-law in order to give effect thereto.".)

(City Council on October 28, 1998, deferred this Clause to the next regular meeting to be held on November 25, 1998.)

________

(Clause 1 of Report No. 10 of the North York Community Council)

(City Council on October 1 and 2, 1998, deferred this Clause until its next regular meeting to be held on October 28, 1998.)

________

(Clause 1 of Report No. 9 of the North York Community Council)

The North York Community Council recommends that:

(1)the "Processes for Declaring Properties Surplus" outlined in the following report (August 18, 1998), from the Commissioner of Corporate Services, be approved subject to Section (4)(a)(ii), being amended to read as follows:

"recommendations made by Property Management Committee for allocation, including resolution of conflicting interests, be forwarded to the appropriate Community Council for consideration and recommendation to the appropriate Standing Committee, and recommendation to City Council";

(2)real estate matters under $500,000.00 that are deemed by a Ward Councillor to be of special interest, be considered by the Corporate Services Committee and City Council at that Councillor's request;

(3)real estate matters under $500,000.00, of local significance, be considered by the Community Council and City Council at a Councillor's request;

(4)matters related to the potential sale of any property be reported to the respective Community Council for comment before being considered by the Corporate Services Committee; and

(5)the Council Procedure By-law be amended accordingly.

The North York Community Council submits the following report (August 18, 1998) from the Commissioner of Corporate Services:

Purpose:

To provide all Community Councils with information as to the process for disposal of City Property as requested by the Budget Committee.

Source of Funds:

Not applicable.

Recommendation:

It is recommended that this report be received for information.

Council Reference/Background/History:

The Budget Committee at its meeting of May 26, 1998 requested that the Chief Administrative Officer ensure that Community Councils are informed of the process with respect to the disposal of property.

Comments and/or Discussion and/or Justification:

The process approved by City Council at its meeting of July 29, 30 and 31, 1998, in considering the report from the Commissioner of Corporate Services, Acquisition and Disposal of Real Property dated May 11, 1998, is as set out below.

PROCESSES FOR DECLARING PROPERTIES SURPLUS

(1)notice be provided to the Executive Director of Facilities and Real Estate of a potentially surplus property, such as by means of:

(a)corporate asset reviews such as space rationalization;

(b)department reorganization, reduction in staffing or program change; and

(c)a new tax sale property.

(2)a review to be undertaken by the Facilities and Real Estate Division and respective councillors, consulting with other departments to determine applicable considerations, including the following:

(a)any utilities on the lands;

(b)development potential;

(c)economic development potentials;

(d)environmental issues;

(e)other potential cost and budget considerations, such as capital budget impacts; and

(f)achieving social objectives.

(3)a circulation to be undertaken to determine interest in potentially surplus properties:

(a)circulation by the Facilities and Real Estate Division to other divisions, departments and ABC's to determine any interest in the property to meet their needs;

(b)circulation to the Council Strategy Committee for Persons without Homes, and other such interests as Council may determine, from time to time; and that

(c)use by a non profit organization that supports a municipal purpose be considered as a potentially appropriate use at this time before the property is officially declared surplus.

(4)reports are prepared and submitted under the following categories, with recommendations regarding determination, as appropriate:

(a)allocation to a department expressing the interest:

(i)report is submitted by the Executive Director to Property Management Committee on submissions of interest, with information as to the expressed interests;

(ii)decision is made by Property Management Committee for allocation, including resolution of conflicting interests; and

(iii)if no resolution by Property Management Committee, the decision is made by the CAO.

(b)allocation if interest expressed under 3 (b) above (organization supporting a municipal program):

(i)report is submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee on the proposed use; and

(ii)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendation of the Property Management Committee, recommending that the property be declared surplus and that the property be allocated to the organization requesting it.

(c)disposal of a significant property where no public use identified:

(i)report is submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee on large, high profile properties; and

(ii)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendations of the Property Management Committee, to recommend that the property be declared surplus and be sold.

(d)disposal of other property where no public use identified:

(i)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendation of the Property Management Committee, to recommend that the property be declared surplus and be sold.

(e)disposal of non viable sites where no public use identified:

(i)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendation of the Property Management Committee, recommending that the property be declared surplus and sold to the abutting owner; and

(ii)if the owner is not interested, property is to be retained in the inventory for future consideration.

(f)retention for potential longer term need by the City:

(i)report is submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee regarding the long term and interim use for the property, such as leasing; and

(ii)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendation of the Property Management Committee, if required, such as for a major corporate initiative.

(5)staff of the Facilities and Real Estate Division provide the ward councillor with:

(a)notification of all real estate requests in the ward and keep the councillor informed of all ongoing negotiations;

(b)information regarding details prior to the final conclusion of any transactions and before any reports are signed or the matter is considered by the Corporate Services Committee/Council; and

(c)a copy of the signed report that will be on the agenda of the Corporate Services Committee.

Contact Name:

Roly Mayr, AACI, Director, Real Estate Services, (416) 396-4930, fax (416) 396-4241, e-mail address: mayr@city.scarborough.on.ca

nyc98144

The North York Community Council also submits the following communication (June 8, 1998) from the City Clerk:

City Council, at its meeting held on June 3, 4 and 5, 1998, had before it Clause No. 28 of Report No.7 of the Corporate Services Committee, headed "Proposed Sale of Lot 198 - Woburn Avenue Registered Plan M-108 (Ward 9 - North York Centre South)".

Council directed that the aforementioned Clause be struck out and referred back to the North York Community Council for further consideration.

In addition, Council adopted the following recommendations:

"It is recommended that:

(1)Ward Councillors be notified of all real estate related requests in their Wards and be kept informed of all ongoing negotiations;

(2)Ward Councillors be advised of the details prior to the final conclusion of any transactions and before any reports are signed or the matter is considered by the Corporate Services Committee/Council; and

(3)the following motion be referred to the next meeting of the Corporate Services Committee to be held on June 22, 1998, for consideration with the report from the Commissioner of Corporate Services on the processing of real estate transactions:

Moved by Councillor Flint:

'It is recommended that:

(a)real estate matters under $500,000.00, that are deemed by a Ward Councillor to be of special interest, be considered by the Corporate Services Committee and City Council at that Councillor's request;

(b)real estate matters under $500,000.00, of local significance, be considered by the Community Council and City Council at a Councillor's request;

(c)matters related to the potential sale of any property be reported to the respective Community Council for comment before being considered by the Corporate Services Committee; and

(d)the Council Procedure By-law be amended accordingly.'"

A recorded vote on the adoption of Recommendation No. 1 moved by Councillor Shiner, and Recommendations Nos. 2, 3, 4 and 5 moved by Councillor Flint, was as follows:

FOR:Councillors Mammoliti, Moscoe, Feldman, Berger, Flint, Gardner, Filion, Shiner, King

AGAINST:NIL

ABSENT:Sgro, Li Preti, Augimeri, Chong, Minnan-Wong

Carried

2

Sign By-law Variance Request -

First Floor Wall Signage and Roof Level Signage -

Trimark Trust and Steel Art Signs - 5140 Yonge Street -

North York Centre

(City Council on November 25, 26 and 27, 1998, amended this Clause by striking out and referring back to the North York Community Council, that portion of the Clause pertaining to the sign on the south side of 5140 Yonge Street which faces onto Mel Lastman Square.)

(City Council on October 28, 1998, deferred this Clause to the next regular meeting to be held on November 25, 1998.)

________

(Clause 2 of Report No. 11 of the North York Community Council)

The North York Community Council recommends that:

(1)the three signs proposed for the first floor of 5140 Yonge Street (east elevation) be approved;

(2)two signs on the north and south side of 5140 Yonge Street be approved;

(3)the size of the south facing sign be amended to 30 feet long by 4'10" in height; and

(4)the illumination be such that it not disturb residents of the existing condominiums or those condominiums presently under construction.

The North York Community Council reports for the information of Council having requested the Commissioner of Urban Planning and Development to develop a criteria for the illumination of signs as part of the review of the Sign By-law currently under way.

The North York Community Council submits the following report (October 2, 1998) from the Director and Deputy Chief Building Official:

Purpose:

Evaluate and make recommendations concerning a request by Ms. Filo Costa, Project Manager for Trimark Trust, for a variance from the Sign By-law to permit the erection of four wall signs, one on the south and three on the east elevation of the first floor of 5140 Yonge St. (See attached drawings). The sign facing south will be an illuminated sign 90 feet long by 4 feet in height, for an area of 360 square feet. The signs facing east will consist of one illuminated 30 foot by 4 foot sign with an area of 120 square feet, and two non illuminated signs over the entrance doors each 10 feet by 2 feet 4 inches in width with an area of approximately 23 square feet. The total area of signage on the east side is proposed to be 160 square feet.

Recommendation:

It is recommended that:

(1)the request for a minor variance from the sign by-law be approved.

Council Reference/Background/History:

The building is located in an O3 zone and the sign by-law limits the area of wall signage in such zones to an aggregate area of 161.5 square feet. A site specific by-law number 28421 permits commercial uses in that zone and it would follow that the provisions of Section 5.2.3.1 of the Sign By-law for wall signage in a commercial zone should be applied. Section 5.2.3.1 of the Sign By-law would permit a cumulative sign area 20 percent of the wall area visible from any direction for the first storey, for a sign area of 530 square feet. The proposed signage of 360 square feet on the south elevation, and 160 square on the east elevation would comply if the requirements of the sign by-law in a commercial zone are applied, and a variance would not have been required.

The Ward Councillors have been notified of this request and have been provided with a copy of the report and attached plans.

Conclusions:

It is the opinion of this department that the proposed signs would not have a negative impact on the surrounding area and that the intent of the sign by-law would not be compromised by the erection of these signs. As a condition of the issuance of a sign permit, however, we would request the approval of the Director of Civic Projects to assure that any specific limitations put forth in the Development Agreement have been complied with.

________

(A copy of the plans and drawings referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

Ms. Filo Costa, Project Manager, Trimark Trust, appeared before the North York Community Council in connection with the foregoing matter.

The North York Community Council also submits the following report (October 2, 1998) from the Director and Deputy Chief Building Official:

Purpose:

Evaluate and make recommendations concerning a request by Gene Mordaunt of Steel Art Signs, for a variance from the sign by-law to permit the erection of two wall signs, of identical size, to be placed at the 24th storey level on the south and north elevations of the "Petro Canada Building" located at the south west corner of Yonge Street and Park Home Avenue.

Recommendation:

It is recommended that:

(1)the request for a minor variance from the sign by-law be approved.

Council Reference/Background/History:

Gene Mordaunt of Steel Art Signs is requesting permission to erect two wall signs on the north and south wall faces of the top storey of the building. One sign will be placed flush to the top of the parapet at the 24th floor on the south elevation and the other flush to the top of the parapet on the north elevation. Both signs have an area of 544.5 square feet.

The building is located in an O3 zone and the sign by-law limits the area of wall signage in such zones to an aggregate area of 161.5 square feet. A site specific by-law number 28421 permits commercial uses in that zone and it would follow that the provisions of Section 5.2.3.1 of the Sign By-law for wall signage in a commercial zone should be applied. Section 5.2.3.1. of the sign by-law would permit a cumulative sign area per storey of 15 percent of the wall area visible from any direction, for signage on storeys other than the first storey, with a sign area of 653.25 square feet. The proposed signage on both elevation would comply if the requirements of the sign by-law in a commercial zone are applied, and a variance would not have been required.

The Ward Councillors have been notified of this request and have been provided with a copy of the report and attached plans.

Conclusions:

It is the opinion of this department that the proposed signs would not have a negative impact on the surrounding area and that the intent of the sign by-law would not be compromised by the erection of these signs. As a condition of the issuance of a sign permit, however, we would request the approval of the Director of Civic Projects to assure that any specific limitations put forth in the Development Agreement have been complied with.

________

(A copy of the plans referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

A.Councillor Filion, North York Centre, moved that:

(1)the three signs on the first floor of 5140 Yonge Street (east elevation) be approved;

(2)(i)the two signs on the north and south side of 5140 Yonge Street be approved; and

(ii)the approval of the two signs on the north and south side of 5140 Yonge Street be for a period of two years;

(3)the illumination be such that it not disturb residents of the existing condominiums or those presently under construction; and

(4)the sign on Mel Lastman Square not be approved but that Trimark Trust be permitted to erect a temporary sign for one week prior to and one week after its opening in 1998.

B.Councillor Gardner, North York Centre, moved that the size of the south facing sign on 5140 Yonge Street be amended to 30 feet long by 4'10" in height.

A recorded vote on part (1) of motion A. by Councillor Filion, North York Centre, was as follows:

FOR:Councillors Mammoliti, Sgro, Li Preti, Feldman, Flint, Gardner, Chong, Shiner, King

AGAINST:Councillors Augimeri, Berger, Filion

ABSENT:Councillors Moscoe, Minnan-Wong

Carried

A recorded vote on part (2)(ii) of motion A. by Councillor Filion, North York Centre, was as follows:

FOR:Councillors Mammoliti, Li Preti, Augimeri, Chong, Filion

AGAINST:Councillors Sgro, Feldman, Berger, Flint, Gardner, Shiner, King

ABSENT:Councillors Moscoe, Minnan-Wong

Part (2)(ii) of motion A. by Councillor Filion, North York Centre, was declared by the Chair to be lost.

A recorded vote on part (4) of motion A. by Councillor Filion, North York Centre, was as follows:

FOR:Councillors Mammoliti, Li Preti, Augimeri, Flint, Filion, King

AGAINST:Councillors Sgro, Feldman, Berger, Gardner, Chong, Shiner

ABSENT:Councillors Moscoe, Minnan-Wong

Part (4) of motion A. by Councillor Filion, North York Centre, was declared by the Chair to be lost on a tie vote.

A recorded vote on motion B. by Councillor Gardner, North York Centre, was as follows:

FOR:Councillors Sgro, Feldman, Berger, Gardner, Chong, Shiner, King

AGAINST:Councillors Mammoliti, Li Preti, Augimeri, Flint, Filion

ABSENT:Councillors Moscoe, Minnan-Wong

Carried

Respectfully submitted,

MILTON BERGER,

Chair

Toronto -September 16, 1998 - Report No. 10

October 14, 1998 - Report No. 11

(Report No. 12 of The North York Community Council was adopted, as amended, by City Council on November 25, 26 and 27, 1998.)

 

   
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