Draft Sign By-law Amending The Municipal Code

Chapter 297 Respecting No. 241 Wellington Street West

(Downtown)

 The Toronto Community Council recommends that:

 (1)the Draft By-law attached to the report (April 22, 1998) of the Toronto Community Council Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto; and

 (2)the recommendations of the report (April 22, 1998) of the Commissioner of Urban Planning and Development Services be adopted.

 The Toronto Community Council reports, for the information of Council that notice of the public meeting was given in accordance with the Municipal Act. The public meeting was held on May 7, 1998, and Mr. Patrick Devine, Goodman and Carr, addressed the Toronto Community Council.

  The Toronto Community Council submits the report (April 22, 1998) from the Toronto Community Council Solicitor:

 Purpose:

 This report provides the necessary draft by-law amendment to permit on lands at the southwest corner of Wellington Street West and John Street, 14 illuminated advertising signs above the existing masonry wall and along the John Street and Wellington Street West frontages, which wall currently encloses an Ontario Hydro transformer substation.

 Funding Sources, Financial Implications and Impact Statement:

 The enactment of the Draft By-law has no financial implications or impact for the City of Toronto. It requires no funding.

 Recommendations:

 It is recommended:

 (1)That the Toronto Community Council hold a public meeting in respect of the Draft By-law in accordance with the provisions of the Municipal Act.

 Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-law, it could recommend:

 (2)That the Draft By-law attached to the report (April 22, 1998) of the Toronto Community Council Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto.

 (3)That the recommendations of the report of the Commissioner of Urban Planning and Development Services (April 22, 1998) be adopted.

 Council Reference/Background/History:

 The Toronto Community Council will have before it the report of the Commissioner of Urban Planning and Development Services (April 22, 1998) recommending a draft sign by-law respecting No. 241 Wellington Street West. Attached is the recommended by-law for consideration with such report.

 Comments and/or Discussion and/or Justification:

 The draft by-law implements Recommendation No. 1 of the report of the Commissioner of Urban Planning and Development Services and is submitted for your consideration.

 Conclusions:

 Not applicable.

 Contact Name:

 William Hawryliw, Solicitor

Telephone: (416) 392-7237

Fax: (416) 392-0024

E-Mail: whawryli@city.toronto.on.ca

 DRAFT BY-LAW

  Authority: Toronto Community Council Report No. ( )

Intended for first presentation to Council:

Adopted by Council:

 CITY OF TORONTO

 BY-LAW No. -1998

 To amend the former City of Toronto Municipal Code Ch. 297, Signs,

respecting No. 241 Wellington Street West.

 The Council of the City of Toronto HEREBY ENACTS as follows:

 1.Section 297-12 of Chapter 297, Signs, of the former City of Toronto Municipal Code is amended by adding the following subsection:

 Q.Section 297-10 shall not apply to prohibit the erection or display of signs on the structure identified as a sign screen, located on the lands municipally known in 1997 as No. 241 Wellington Street West, as shown in Schedule B, Map 1 at the end of this chapter, if the signs comply with the following:

 (1)For the purposes of this exception, the following terms have the meaning indicated:

 DISPLAY SURFACE - The display surface of the sign screen is the area made available on the structure for the purposes of erecting or displaying signage.

 JOHN STREET DISPLAY AREA - The area of the John Street elevation of the sign screen which may be used to erect or display signs, as shown in Schedule B, Map 2.

 NO COVER ZONE - The area of the sign screen where no signage is permitted.

 SIGN PANEL - The display surface contained between two vertical support columns marked with finials, as shown in Schedule B, Map 4.

 SIGN SCREEN - The sign screen structure, support columns, support trusses, uprights, bracing, framework, covering material, lights, finials and glass canopy, erected on the lands known in 1997 as No. 241 Wellington Street West for the purposes of supporting signage as shown in Schedule B, Maps 1 to 5 inclusive, at the end of this chapter.

 WELLINGTON STREET WEST DISPLAY AREA - The area of the Wellington Street West elevation of the sign screen which may be used to erect or display signs, as shown in Schedule B, Map 3.

 WELLINGTON STREET WEST NO COVER ZONE - The area on the Wellington Street West elevation of the sign screen where no signage is permitted, as shown in Schedule B, Map 3.

 (2)A sign screen erected for the purposes of displaying signs used for the purposes of third-party advertising is permitted if:

 (a)The sign screen is in accordance with the drawings contained in Schedule B, Maps 1 to 5 inclusive, at the end of this chapter;

 (b)No portion of the sign screen is more than twelve and five-tenths (12.5) metres above grade;

 8The glass canopy portion of the sign screen maintains a vertical clearance of not less than three and five-tenths (3.5) metres between a public sidewalk or pedestrian walkway and the lowest portion of the canopy; and

 (d)Any portion of the sign screen that is exposed to public view is corrosion-resistant.

 (3)Illuminated signs are permitted to be erected or displayed on the John Street Display Area if:

 (a)The signs are contained within the perimeter limits of the display surface;

 (b)No more than five (5) sign panels are erected on the John Street Display Area;

 (c)No more than two (2) signs are erected on each sign panel;

 (d)The area of each individual sign is not less than twenty-four (24) square metres and not more than seventy-eight (78) square metres; and

 (e)The total sign area is not more than three hundred and twenty-four (324) square metres.

 (4)Illuminated signs are permitted to be erected on the Wellington Street West Display Area if:

 (a)The signs are contained within the perimeter limits of the display surface;

 (b)The signs do not encroach onto the Wellington Street West No Cover Zone;

 (c)No more than two (2) sign panels are erected on the Wellington Street West Display Area;

 (d)No more than two (2) signs are erected on each sign panel;

 (e)The area of each individual sign is not less than twenty-nine (29) square metres and not more than sixty-eight (68) square metres;

 (f)The total sign area is not more than one hundred and twenty-seven (127) square metres; and

 (g)The illumination of signs is controlled with an automatic timing device that restricts illumination to the hours of 7:00 a.m. to 11:00 p.m.

 (5)The following general provisions also apply:

 (a)All sign panels shall be framed with a non-corrosive metal frame.

 (b)Only signs that are constructed of a flexible material such as vinyl or plastic are permitted.

 (c)The signs shall not contain animated copy, changeable copy, electronic message display copy nor tri-vision panels or consist of flags or pennants.

 (d)The signs are only illuminated with indirect illumination comprising a light source located at the top of the sign screen and directed towards the sign.

 (e)No sign shall project more than one-tenth (0.1) metre from the surface of the sign screen.

 (f)A minimum separation distance of two-tenths (0.2) metres between signs is required.

 (g)All display areas shall contain sign copy at all times.

 (h)No sign is erected or displayed on the glass canopy.

 (i)No other types of sign used for the purposes of third-party advertising shall be erected or displayed on the property.

 (j)No sign shall be erected or displayed which resembles an official traffic signal, traffic sign or other traffic regulating device unless the sign is erected and displayed for the purposes of direction and is entirely on private property.

 (k)No sign shall be erected or displayed which obstructs or otherwise interferes with an official traffic signal, traffic sign or other traffic regulating device.

 2.Schedule B of Chapter 297 is amended as follows:

 A.By inserting in the list of maps, in numerical order by section number, the following:

 Area referred to in ' 297-12Q (Maps 1 through 5)

 B.By inserting in numerical order by section number, the maps at the end of this by-law.

 The Toronto Community Council also submits the report (April 22, 1998) from the Commissioner of Urban Planning and Development Services:

 Purpose:

 This report recommends approval of a site specific amendment to Chapter 297, Signs, of the former City of Toronto Municipal Code to permit the erection of a sign screen on the existing Hydro substation site.

 Funding Sources, Financial Implications and Impact Statement:

 There are no requirements for any municipal expenditure associated with this approval.

 Recommendations:

 (1)That the City Solicitor be requested to submit a draft by-law, in consultation with the Commissioner of Urban Planning and Development Services, to amend Chapter 297, Signs, of the former City of Toronto Municipal Code to permit the erection of a sign screen on the lands known as 241 Wellington Street West, substantially as set out in Appendix A of this report.

 (2)That, prior to the introduction of a Bill in Council, the owner shall provide to the City, in a form and content satisfactory to the City Solicitor, Chief Financial Officer and City Treasurer and Commissioner of Urban Planning and Development Services, two unconditional and irrevocable Letters of Credit from a bank and automatically renewable in the amounts of:

 (I)$48,000 to cover the replacement cost of four streetlights on Wellington Street West, as shown on the attached Figure 8; and

 (ii)$2,000 to cover the cost of landscaping on lands municipally known as 253 Wellington Street West as shown on the attached Figure 9.

 (3)That, prior to the issuance of a sign permit, the owner shall enter into an Encroachment Agreement with the Commissioner of Urban Planning and Development Services with respect to the erection of a canopy on John Street.

 (4)That, as a condition of the Encroachment Agreement, the owner shall install the four streetlights and landscaping as shown on the attached Figures 8 and 9, respectively.

 (5)That the owner be advised of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance.

Comments:

 1.0Background

 In April 1996, the former City of Toronto Council approved a new Part II Official Plan and Zoning By-law amendment for the King-Spadina district. This initiative was aimed at attracting investment to this district and creating new opportunities for residential development. Since 1996, King-Spadina has become the focus of considerable investment activity which has served to expand the range of uses within the area while strengthening it as an entertainment district.

 The subject of this report is the application by Ontario Hydro to amend the Municipal Code to permit the erection of a large linear structure to support commercial signage at the southwest corner of John and Wellington Streets. This structure will hereafter be referred to as the Asign screen@.

 2.0Site and Surrounding Area

 The 5,900m5 site is located on the southwest corner of John Street and Wellington Street West, in the King-Spadina Part II area (see Figure 1).

 The site, known municipally as 241 Wellington Street West, accommodates a Hydro transformer substation consisting of switchgears, Hydro transformers, high voltage towers and oil holding tanks. In addition, there are two Hydro-related buildings on the northwest and southwest corners of the site. The substation services the city=s downtown core and a Hydro representative has advised that the transformer use is unlikely to relocate.

 The site is located in an area formerly designated by by-law as the Entertainment District, which permitted and encouraged entertainment activities in a specific area of King-Spadina. The new Part II Plan for King-Spadina opens up the larger Part II Plan area to entertainment uses. However, several blocks around this site are still referred to as the Entertainment District because of the high concentration of entertainment uses.

 3.0Proposal

 The proposal is to amend Chapter 297, Signs, of the former City of Toronto Municipal Code to permit a sign screen along the John and Wellington Street West frontages of the property (see Figure 2). The sign screen would be installed behind the existing 3.5 metre high security wall and would rise above the wall to a maximum height of 12.5 metres. The sign screen would be constructed of perforated steel supported by vertical metal posts and horizontal trusses erected at intervals of approximately 13 metres.

 A continuous, clear tempered glass canopy would be installed along the John Street frontage as an integral part of this sign screen. The canopy would project approximately 1.8 metres from the existing concrete wall over the public sidewalk at a height of approximately 3.5 metres above grade and would be attached to the vertical columns of the screen support as illustrated on Figure 3.

The sign screen would run the entire length of the John Street frontage of the property (63 metres) and approximately 51 metres on the Wellington Street West frontage (see Figures 4 and 5).

 Seven sign support panels, consisting of 5/8" thick treated and reinforced plywood would be attached to the screen; five on John Street and two on Wellington Street. Signage proposed to be affixed to each panel would be required to be located wholly within the shaded areas identified as Adisplay area@ on Figures 4 and 5 attached. The non-shaded areas identified as Ano cover zone@ would not be permitted to be covered by signage. A maximum of two signs per panel would be permitted and a 0.2 metre wide spacer bar would be required to separate the signs (see Figure 6).

 The signage proposed to be permitted on each elevation and the recommended controls are as follows:

 John Street Elevation (total display area 324m5)

• a maximum of ten front-lit illuminated signs with a minimum area of 24m5 each and a maximum area of 78m5 each;

 Wellington Street Elevation (total display area 127m5)

 -a maximum of four front-lit illuminated signs with a minimum area of 29m5 each and a maximum area of 68m5 each;

 -illumination only between the hours of 7:00 a.m. and 11:00 p.m.

 Other controls proposed are as follows:

 -indirect/front lighting fixtures will be required to be directed down and towards the display areas;

 -all sign panels will contain signage at all times;

 -all sign panels will have to be framed;

 -all signs shall be constructed of a flexible material such as vinyl or plastic;

 -signs will be required to maintain a minimum separation distance of at least 0.2 metres if located within the same sign panel;

 -no signs are to resemble, obstruct or interfere with traffic controls;

 -no signs shall contain animated copy, changeable copy, electronic message display copy nor tri-vision panels or consist of flags or pennants;

 -no signage will be permitted on the canopy;

 -any portion of the sign screen that is exposed to public view shall be corrosion-resistant; and

 -no additional third party signage will be permitted on the lot.

 4.0Compliance with Chapter 297, Signs, of the former City of Toronto Municipal Code

The site is located in a reinvestment area (RA) district. The proposed sign screen does not comply with Chapter 297, Signs, of the Municipal Code in that it is an undefined sign type and therefore is not permitted in this district. Recognizing this, the application contemplates a site specific exception to be incorporated into Section 297-12 of the Municipal Code to permit the sign screen as briefly described above and set out in greater detail in Appendix A.

 5.0Planning Considerations

 5.1Neighbourhood Context

 The site is owned by Ontario Hydro and accommodates a Hydro transformer substation. The two existing buildings on the site, the AControl Building@ and the ASwitchgear@ building, are jointly operated by Toronto Hydro and Ontario Hydro.

 To the east and across John Street is the 51 metre high CBC Broadcast Centre building, to the north-east are the Metro Centre office buildings, to the north and across Wellington Street is a surface parking lot, to the west and across Windsor Street is a surface parking lot and to the south and abutting the site is another surface parking lot.

 On the parking lot to the north, as part of the settlement of the King-Spadina Zoning By-law, the former City of Toronto Council endorsed a 61 metre high building envelope on the east part of the site and a 35.9 metre high building envelope on the west part of the site. The owner is contemplating a residential building on the west part of the site and hotel uses on the east part of the site.

 On the parking lot to the south, a building envelope has been endorsed to permit a building ranging in height between 37 and 45 metres. The owner is contemplating a building that would include two levels of retail and a hotel. To date, the Ontario Municipal Board has not considered the settlement of these appeals.

 5.2Impacts of Proposed Sign Screen

The proposed sign screen has been designed with regard to the existing character of the site, the neighbourhood and the future uses in the immediate vicinity as follows:

 Cthe height of the sign screen will ensure that it conceals the high voltage towers which stand approximately 14 metres high;

 Cthe Ano cover zone@ restriction illustrated by Figures 4 and 5 is intended to prevent the negative visual impact of large illuminated signs on future residential uses proposed on the north side of Wellington Street West;

 Cthe number and size of the signs has been restricted so as to prevent the patchwork appearance that could result from too many smaller signs or the visual monotony that could result from too few oversized signs;

 Cthe front lighting fixtures would be required to be directed downward so as not to negatively affect upper floor office and hotel uses; and

 Cthe hours of illumination of the signs on Wellington Street West would be limited to the hours of 7:00 a.m. to 11:00 p.m. so as not to negatively impact the proposed hotel on the north side of the street.

 5.3Improvements to be Secured as Conditions of Approval

 Improvements to the public sidewalks and open spaces adjacent to the sign screen will be secured as part of this proposal. An integral part of the sign screen will be the continuous, clear tempered glass canopy that will be installed along John Street. This canopy represents a significant public amenity for the street frontage and, as seen on Figure 7, helps integrate this site into the pattern of secured and built weather protection for pedestrians in this area. John Street has, since the building of Sky Dome and the John Street pedestrian bridge, emerged as one of Toronto=s busiest pedestrian street.

 Four existing street lights on the Wellington Street frontage will be replaced with Railway Lands Type II lights illustrated by Figure 8 which represent the standard for this area. Landscape improvements as identified on Figure 9 will be undertaken within the front yard of the existing Windsor Station building at 253 Wellington Street West.

 These improvements complement the improvements constructed or secured in conjunction with adjacent developments and will enhance the quality of the pedestrian realm in keeping with Section 3.22 of the former City of Toronto Official Plan.

 5.4Conclusion:

 The sign screen has been examined in terms of both existing and proposed development. It has been designed and controls have been recommended to minimize any negative visual impacts on abutting uses and, in particular, on the future residents north of the site.

 The sign screen provides a unique opportunity to screen an unsightly use and at the same time secure improvements to promote a healthy and vibrant pedestrian environment which is consistent with the planning and revitalization policies of the new Part II Official Plan for King-Spadina.

 Contact Name:

 Lora Mazzocca

Telephone: (416) 392-0421

Fax: (416) 392-7536

E-Mail: lmazzocc@city.toronto.on.ca

 APPENDIX A

 PROPOSED PERMISSIVE EXCEPTION TO CHAPTER 297 OF THE MUNICIPAL CODE TO PERMIT SIGNAGE TO BE ERECTED AND DISPLAYED ON A SIGN SCREEN AT 241 WELLINGTON STREET WEST.

 1.Section 297-12 of Chapter 297, Signs, of the Former City of Toronto Municipal Code, is amended by adding the following subsection:

 Q.Section 297-10 shall not apply to prohibit the erection or display of signs on the structure identified as a sign screen, located on the lands municipally known in 1997 as No. 241 Wellington Street West, as shown in Schedule B, Map 1 at the end of this chapter, if the signs comply with the following:

 (1)For the purposes of this exception, the following terms have the meaning indicated:

 DISPLAY SURFACE - The display surface of the sign screen is the area made available on the structure for the purposes of erecting or displaying signage.

 JOHN STREET DISPLAY AREA - The area of the John Street elevation of the sign screen which may be used to erect or display signs, as shown in Schedule B, Map 2.

NO COVER ZONE - The area of the sign screen where no signage is permitted.

 SIGN PANEL - The display surface contained between two vertical support columns marked with finials, as shown in Schedule B, Map 4.

 SIGN SCREEN - The sign screen structure, support columns, uprights, support trusses, bracing, framework, covering material, lights, finials and glass canopy, erected on the lands known in 1998 as No. 241 Wellington Street West for the purpose of supporting signage as shown in Schedule B, Maps 1 to 5 inclusive, at the end of this chapter.

 WELLINGTON STREET WEST DISPLAY AREA - The area of the Wellington Street West elevation of the sign screen which may be used to erect or display signs, as shown in Schedule B, Map 3.

 WELLINGTON STREET WEST NO COVER ZONE - The area on the Wellington Street West elevation of the sign screen where no signage is permitted, as shown in Schedule B, Map3.

 (2)A sign screen erected for the purposes of displaying signs used for the purposes of third-party advertising is permitted if:

 (a)The sign screen is in accordance with the drawings contained in Schedule B, Maps 1 to 5 inclusive, at the end of this chapter;

 (b)No portion of the sign screen is more than twelve and five-tenths (12.5) metres above grade;

 (c)The glass canopy portion of the sign screen maintains a minimum vertical clearance of three and five-tenths (3.5) metres between a public sidewalk or pedestrian walkway and the lowest portion of the canopy; and

 (d)Any portion of the sign screen that is exposed to public view is corrosion-resistant.

 (3)Illuminated signs are permitted to be erected or displayed on the John Street Display Area if:

 (a) The signs are contained within the perimeter limits of the display surface;

 (b)No more than five (5) sign panels are erected on the John Street Display Area;

 (c)No more than two (2) signs are erected on each sign panel;

 (d)The area of each individual sign is not less than twenty-four (24) square metres and not more than seventy-eight (78) square metres; and

 (e)The total sign area is not more than three hundred and twenty-four (324) square metres.

 (4)Illuminated signs are permitted to be erected on the Wellington Street West Display Area if:

 (a)The signs are contained within the perimeter limits of the display surface;

 (b)The signs do not encroach onto the Wellington Street no cover zone;

 (c)No more than two (2) sign panels are erected on the Wellington Street Display Area;

 (d)No more than two (2) signs are erected on each sign panel;

 (e)The area of each individual sign is not less than twenty-nine (29) square metres and not more than sixty-eight (68) square metres;

 (f)The total sign area is not more than one hundred and twenty-seven (127) square metres; and

 (g)The illumination of signs is controlled with an automatic timing device that restricts illumination to the hours of 7:00 a.m. to 11: 00 p.m..

 (5)The following general provisions also apply;

 (a)All sign panels shall be framed with a non-corrosive metal frame;

 (b)Only signs that are constructed of a flexible material such as vinyl or plastic are permitted;

 (c)The signs shall not contain animated copy, changeable copy, electronic message display copy nor tri-vision panels or consist of flags or pennants;

 (d)The signs are only illuminated with indirect illumination comprising a light source located at the top of the sign screen and directed towards the sign;

 (e)No sign shall project more than one-tenth (0.1) metre from the surface of the sign screen;

 (f)A minimum separation distance of two-tenths (0.2) metres between signs is required;

 (g)All display areas shall contain sign copy at all times;

 (h)No sign is erected or displayed on the glass canopy;

 (i)No other types of signs used for the purposes of third-party advertising shall be erected or displayed on the property;

 (j)No sign shall be erected or displayed which resembles an official traffic signal, traffic sign or other traffic regulating device unless the sign is erected and displayed for the purposes of direction and is entirely on private property; and

 (k)No sign shall be erected or displayed which obstructs or otherwise interferes with an official traffic signal, traffic sign or other traffic regulating device.

2.Schedule B of Chapter 297 is amended as follows:

 A.By inserting in the list of maps, in numerical order by section number, the following:

 Area referred to in ' 297-12Q (Maps 1 through 5)

 B.By inserting in numerical order by section number the maps at the end of this by-law.