Variances from Chapter 297, Signs,

of the former City of Toronto Municipal Code -

40 Bay Street (Downtown)

(City Council on November 25, 26 and 27, 1998, deferred consideration of this Clause to the next regular meeting of City Council to be held on December 16, 1998.)

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(Clause No. 6 of Report No. 14 of the Toronto Community Council)

The Toronto Community Council recommends that:

(1)City Council approve Application No. 998062 respecting minor variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit two non-illuminated roof signs, category "L";

(2)City Council approve Application No. 998062 respecting minor variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit 47 exterior signs of various types on the following conditions:

(i)that the four Search Lights "A" be activated only on event days and that they be illuminated only between the hours of 7:00 a.m. and 11:00 p.m. and that this be controlled by means of an automatic timing device and that the City receive written approval from Transport Canada prior to the issuance of a sign permit;

(ii)that the third party component of the Practice Facility, identification sign "E", not exceed an area of 20 m² and that it consist only of letters and logo;

(iii)that the two fascia signs "F" not exceed an area of 25 m² each and that the signs consist of a combination of text or logo and graphic; and

(iv)that the three fascia signs "K" not exceed an area of 15 m² each and that they consist only of letters and logo;

(3)City Council grant authority to:

(i)allow a minor variance to the provisions of Section 12(8) of the former Metro Sign By-law 211-74 to permit the installation of four signs within the public right-of-way of Lake Shore Boulevard West;

(ii)amend the former Municipality of Metropolitan Toronto/Air Canada Centre ramp agreement to permit the attachment of the pedestrian directional sign on top of the ramp parapet wall, and the parking identification sign to the ramp bulkhead. The resultant agreement is to contain such terms and conditions deemed necessary by the City of Toronto Solicitor, City Treasurer and Commissioner of Works and Emergency Services to protect the Corporation's interests; and

(iii)direct the appropriate City of Toronto Officials to give effect thereto.

(4)prior to applying for an occupancy permit, the applicant shall submit plans identifying signage for disabled persons to the satisfaction of the Commissioner of Urban Planning and Development Services and that the signage be installed prior to the issuance of the occupancy permit;

(5)the PATH system signage be secured under a separate Wayfinding Agreement to the satisfaction of the Commissioner of Urban Planning and Development Services as outlined in the Precinct R Development Agreement and that PATH system signage be installed prior to occupancy; and

(6)the applicant be advised, upon approval of Application No. 998062, of the requirement to obtain the necessary permits from the Commissioner of Urban Planning and Development Services.

The Toronto Community Council reports, for the information of Council, having requested the City Solicitor, in consultation with the Commissioner of Urban Planning and Development Services, to report on the legality of mobile search lights and the stationary search light on the C.N. Tower.

The above request for report from the City Solicitor was adopted on the following division of votes:

Yeas:Councillors Rae, Adams, Bossons, Bussin, Chow, Jakobek, Korwin-Kuczynski, Layton, Miller and Walker - 10

Nays:Councillors Disero, Pantalone and Silva - 3

A motion by Councillor Chow, to delete Recommendation No. 2(i) of the report (October 27, 1998) from the Commissioner of Urban Planning and Development Services, was lost on the following division of votes:

Yeas:Councillors Rae, Bossons, Chow and Layton - 4

Nays: Councillors Adams, Bussin, Disero, Jakobek, Korwin-Kuczynski, Miller, Pantalone, Silva and Walker - 9

The Toronto Community Council submits the following report (October 27, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

To review and make recommendations respecting an application for variances to permit signage at 40 Bay Street. (71 Front Street West, 15 York Street) (Air Canada Centre).

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

(1)City Council refuse Application No. 998062 respecting minor variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit two non-illuminated roof signs, category "L".

(2)City Council approve Application No. 998062 respecting minor variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit 47 exterior signs of various types on the following conditions:

(I)that the four Search Lights "A" be activated only on event days and that they be illuminated only between the hours of 7:00 a.m. and 11:00 p.m. and that this be controlled by means of an automatic timing device and that the City receive written approval from Transport Canada prior to the issuance of a sign permit;

(ii)that the third party component of the Practice Facility, identification sign "E", not exceed an area of 20 m² and that it consist only of letters and logo;

(iii)that the two fascia signs "F" not exceed an area of 25 m² each and that the signs consist of a combination of text or logo and graphic; and

(iv)that the three fascia signs "K" not exceed an area of 15 m² each and that they consist only of letters and logo.

(3)That City Council grant authority to:

(I)allow a minor variance to the provisions of Section 12(8) of the former Metro Sign By-law 211-74 to permit the installation of four signs within the public right-of-way of Lake Shore Boulevard West;

(ii)amend the former Municipality of Metropolitan Toronto/Air Canada Centre ramp agreement to permit the attachment of the pedestrian directional sign on top of the ramp parapet wall, and the parking identification sign to the ramp bulkhead. The resultant agreement is to contain such terms and conditions deemed necessary by the City of Toronto Solicitor, City Treasurer and Commissioner of Works and Emergency Services to protect the Corporation's interests; and

(iii)direct the appropriate City of Toronto Officials to give effect thereto.

(4)That prior to applying for an occupancy permit, the applicant shall submit plans identifying signage for disabled persons to the satisfaction of the Commissioner of Urban Planning and Development Services and that the signage be installed prior to the issuance of the occupancy permit.

(5)That the PATH system signage be secured under a separate Wayfinding Agreement to the satisfaction of the Commissioner of Urban Planning and Development Services as outlined in the Precinct R Development Agreement and that PATH system signage be installed prior to occupancy.

(6)That the applicant be advised, upon partial approval of Application No. 998062, of the requirement to obtain the necessary permits from the Commissioner of Urban Planning and Development Services.

Comments:

The property is located on the north side of Lake Shore Boulevard West, on a block bounded by Bay Street, Bremner Boulevard and the CN Rail Corridor, in a mixed-use (commercial/residential) district. The property is known as the Air Canada Centre. The lands surrounding the site are currently vacant but are zoned to permit mixed commercial/residential uses. At its meeting of July 24 & 25, 1995, the former City of Toronto Council gave approval to permit the construction of an 18,580 sq. m office tower at the north east corner of the site and a 22,500 seat multi-purpose sports and entertainment facility to accommodate both basketball and hockey events as well as a wide range of other entertainment uses.

A comprehensive pedestrian system will be provided in conjunction with the completion of the Air Canada Centre in order to ensure the efficient operation of the stadium. Adjacent to the west facade of the sports facility a 2600 m² open space (Union Plaza) will link to a new south entrance to Union Station. With the realignment of Bremner Boulevard south to Lake Shore Boulevard an east-west enclosed pedestrian walkway "Galleria" will be provided on the north side of the stadium connecting Bay Street to Union Plaza and Bremner Boulevard. A sidewalk along the south face of the historically designated Postal Delivery Building facade will connect Bay Street to the south end of Union Plaza. The sidewalk along the west side of Bay Street will be enlarged with the creation of a colonnade. The Bay West Teamway, a weather protected pedestrian connection, will provide access to Front Street and Union Station. Parking for 400 vehicles will be provided beneath the stadium to serve both the stadium and the office tower and parking for 15 buses will be provided to the west of the stadium.

The purpose of this application is to implement a comprehensive signage proposal as required under Precinct R Development Agreement No. CA441814. The application proposes, among other things, a detailed wayfinding system related to public routes in and around the stadium including PATH system signage. The Precinct R Development Agreement also requires the installation of directional signage for disabled persons to utilize ramps, elevators and other facilities. To date this last item remains outstanding. Consequently, it is recommended that prior to applying for an occupancy permit, the applicant shall submit plans indicating directional signage for disabled persons to the satisfaction of the Commissioner of Urban Planning and Development Services and signage connecting to the City's PATH system and that the signage be installed prior to the issuance of the occupancy permit.

The proposed signs can be grouped into categories and the location of each sign by category is illustrated on the attached Figure 2. In addition to the 53 signs that are part of this application, an additional 19 exterior signs, which are permitted under the Municipal Code, will be installed on the site. The areas of non-compliance with Chapter 297 of the Municipal Code by sign category are described as follows:

A.Search Lights (total of 4 proposed):

a)are not a defined sign type.

The search lights will be mounted to the roof of the stadium building . At night during periods when there are scheduled events these search lights will be activated to serve as a beacon identifying the centre's location. Prior to event time the lights will criss-cross the sky at 40 degrees. The applicant is anticipating approval for the use of the search lights by Transport Canada. Transportation Services staff of City Works and Emergency Services have given their approval. However, I am concerned about the potential negative impact the lights may have on residential and hotel uses in the surrounding area. Therefore, I am recommending that the lights only be illuminated between the hours of 7:00 a.m. and 11:00 p.m. and that they be controlled by means of an automatic timing device. The applicant is in agreement with this recommendation.

B.Illuminated Fascia Signs for third-party advertising on the Bay Street Teamway (total of 10 proposed):

a)the signs will not be located on a wall of a building but on a wall of a tunnel;

b)fascia signs for third-party advertising are not permitted to face a street; and

c)the signs will be located within 60 metres of each other.

Ten illuminated fascia signs are proposed on the west side of the Bay Street underpass (Teamway) on the inside wall. At its meeting of June 3 & 4, 1998, City Council gave approval to the installation of ten illuminated fascia signs on the east side of the Bay Street Teamway. In the current proposal signage will be installed within the recessed panels of the west wall similar to what has been approved on the east wall. Although the signs generate numerous variances, the Teamway is a key link between the City's downtown core and the waterfront and in my opinion, signs in this location will animate this important pedestrian connection and make it more inviting.

C.Non-illuminated Fascia Signs for Identification (total of 3 proposed):

a)the signs will not be located on a wall of a building but on a wall of a tunnel.

Three non-illuminated fascia signs are proposed on the north end of the Bay West Teamway. These signs are essential in identifying the refurbished Bay West Teamway and in directing pedestrians south along Bay Street to the waterfront and other destinations including the Air Canada Centre. In my opinion, the signs are appropriately located for their intended function.

D.Illuminated Ground Signs for Identification and Direction (total of 6 proposed):

a)more than 1 ground sign will be located within the east and west frontages of the lot; and

b)2 ground signs will be located within 2 metres from the street line.

Six illuminated ground signs for identification and direction purposes will be installed at various locations throughout the site. These 5.6 metre high pole-mounted signs will identify gate numbers and on-site amenities. The signs will also carry PATH system signage which will be secured under a separate Wayfinding Agreement to the satisfaction of the Commissioner of Urban Planning and Development Services. Given the large size of the building and the extensive length of the property, approximately 125 metres, the signs are important components of the wayfinding system and do not represent oversignage.

E.Illuminated Fascia sign for Identification and third-party advertising on the west elevation "Practice Facility" (total of 1 proposed):

a)the sign will be located more than 10 metres above grade;

b)the sign will be located within 60 metres from other third-party signs; and

c)third-party signs are not permitted to face a street.

An illuminated identification sign is proposed on the west elevation of the building. The sign will identify the basketball practice court facility located on the north side of the stadium above the public "Galleria". The first variance occurs because the sign would be installed above the maximum permitted height of 10 metres. The Municipal Code restricts signs to the first two storeys or the uppermost storey of buildings in order to minimize the impact of signage on the building, on the streetscape and on upper floor residential units in the immediate vicinity. In this instance, however, the sign would be located well within the second floor level of the building identifying the use at that level and there are no existing residential units from which the sign would be visible.

The second and third variances occur because third-party signs are not permitted to face a street and the sign will be located within 60 metres of other third-party signs. In this instance the building is significantly set back by approximately 57 metres from the street and the sign would not be visible from the street. The sign would also be located within 60 metres of other third-party signs proposed along the building's west facade. The 60 metre separation distance requirement was introduced into the Municipal Code in order to prevent sign clutter of large third party advertising signs. In this instance, however, while technically classified as a third-party sign, only a portion of the proposed sign (20 m²) describes a third-party product or service. I am prepared to recommend approval of the fascia sign on condition that the third-party component of the sign not exceed 20 m² and that it be restricted to corporate name and logo only. The applicant concurs with these recommendations.

F.Illuminated Fascia signs for third-party advertising on the west elevation (total of 2 proposed):

a) third-party signs are not permitted to face a street; and

b)the signs will be located within 60 metres of each other.

Five illuminated fascia signs are proposed on the west elevation of the stadium, two of which will be for the purposes of third-party advertising. The signs will be located within the first two floors of the seven floor stadium. The variances occur because the third-party signs will be located within 60 metres of each other and third-party signs are not permitted to face a street. In this instance, the signs will serve to animate the facade and visually reduce the scale of this 105 metre long building. However, to ensure that these signs have a positive visual impact, I have requested that the area of each sign not exceed 25 m² and that the signs contain a combination of text or logo and graphic as opposed to text alone. The applicant concurs with this recommendation. Respecting the second variance, the building is significantly set back from the street and will face a 25 metre wide pedestrian promenade which I consider acceptable.

G.Illuminated Fascia signs for third-party advertising on the east elevation (total of 11 proposed):

a)the signs will be located within 60 metres of each other; and

b)third-party signs are not permitted on a building which is designated under the Ontario Heritage Act.

Eleven third-party fascia signs are proposed on the inside columns of the pedestrian colonnade which runs parallel to Bay Street. The variances occur because they will not meet the 60 metre minimum separating distance required for third-party signs and they are not permitted on a building that is designated historical. In this instance, the signs will be located on the inside face of the columns approximately 8 metres apart and as a result of their small size (1.0m²) will not clutter this busy pedestrian through route. Heritage Toronto staff have advised that the location of the signs do not affect the reasons for designation.

H.Illuminated Signs for Identification suspended from the ceiling (total of 2 proposed):

a)the signs are not a defined type of sign.

Two illuminated signs will be suspended from the ceiling of the Bay Street colonnade. The signs will be used to identify the gate entrances. The signs are also subject to By-law No. 1995-0506 which regulates the use of land and other matters. Under this site-specific zoning by-law the proposal does not meet the 4.5 metres minimum vertical clearance requirement. The applicant has applied to the Committee of Adjustment for a minor variance which will be considered on November 3, 1998. In my opinion, the signs are necessary for gate identification and are an important component of the wayfinding system.

I.2 Non-Illuminated Fascia Signs "Air Canada Centre" on the east and south elevations and 1 Illuminated Logo on the south elevation:

a)the signs will not be located within the uppermost storey of the lower portion of the building;

b)more than one sign will be erected on the south building face;

c)the logo sign will be located on a building that has a height of less than 34 metres; and

d)the height of the logo sign on the south elevation (3.8 metres) will exceed the maximum permitted height of 3 metres.

J.2 Illuminated Fascia Signs "Air Canada Centre" & logo on the north and west elevations:

a)the signs will be located on a building that has a height of less than 34 metres;

b)there will be more than one sign erected on the north building face; and

c)the height of the logo sign on the west elevation (3.8 metres) will exceed the maximum permitted height of 3 metres.

The variances for sign categories "I" and "J" have to do with the location of the signs on the building, the number of signs on the north and south elevations, the height of the logo signs above grade and the size of the logo signs. The Municipal Code requires illuminated corporate name and logo signs to be located within the uppermost storey of buildings higher than 34 metres above grade in order to reduce their visual impact on the streetscape, on the buildings to which they are attached and on adjacent residential uses. The "Air Canada Centre" signs would consist of individual stainless steel letters anchored to the facade of the building at a height of 17 metres above grade. Heritage Toronto staff have advised that they are in agreement with the location of the proposed signs because they would be installed in the same location as the postal building letters that previously existed on the building. The "Air Canada Centre" signs on the north and west elevations would be installed at the same level as the signs on the south and east building elevations forming a consistent sign band around the stadium building. Although the logo signs on the south and west elevations are larger than permitted, their slightly larger size will not negatively impact the building or the streetscape or future permitted uses on surrounding lands. The signs will be located on a building that is 32 metres instead of 34 metres. In this instance, however, horizontal expansion joints located on the upper storeys of the stadium building physically prevent signs from being installed any higher.

K.Illuminated Fascia Signs for third-party advertising (total of 3 proposed):

a)the signs will be erected on a building that is designated under the Ontario Heritage Act and will be located above the fourth storey of the building and 15 metres above grade; and

b)the signs will be located within 60 metres of each other.

Three illuminated fascia signs for third party advertising are proposed on the north elevation of the building. The variances have to do with the height of the signs above grade, their location on a heritage building and the fact that they will be located within 60 metres of each other. On October 6 & 7, 1997, the former City of Toronto Council amended the sign regulations of Chapter 297 of the Municipal Code to limit the height of third party fascia and mural signs on the side walls of buildings to a maximum height of four storeys or 15 metres above grade in mixed-use commercial/residential districts. This regulation is aimed at preserving the appearance of commercial streetscapes and minimizing the negative impact of illuminated signs on adjacent residential uses. In this instance, the signs would be installed along the north wall of the stadium building, approximately 26 metres above grade. The signs would be at the same level as the "Air Canada Centre" signs proposed on the south, east and west elevations. The signs will identify the corporate sponsors of the Air Canada Centre and resemble fascia signs for identification. Further, their orientation towards the rail corridor will only make them visible to train users. Heritage Toronto staff have advised that the north elevation of the building is part of the stadium's new facade and the location of the signs do not affect the reasons for designation. Therefore, I am prepared to recommend approval of the fascia signs on condition that they not exceed 15 m² each and that they be restricted to corporate name and logo only. The applicant concurs with these recommendations.

L.Non-illuminated Roof Signs (total of 2 proposed):

a)roof signs are not permitted in this district.

Two non-illuminated Air Canada Centre logo signs are proposed on the roof of the stadium building. The signs will be 22 metres in diameter and will be welded flush and not perpendicular to the roof. The variance occurs because roof signs are currently prohibited in all mixed-use commercial/residential districts.

It is Council's policy to encourage residential uses throughout the downtown area and seek to achieve a high quality of life for downtown residents through, among other things, the preservation and enhancement of views. In this instance, while the signs would be positioned flush to the roof

they would be visible from above to residents, hotel patrons and office workers in the downtown area. This could set a precedent for other building owners in mixed-use commercial/residential districts to use their roof tops for flush mounted advertisements.

A recent staff survey of major Canadian cities indicated that only one city (Calgary) permits such roof top signage. Consequently when recently approached by a sign company representative proposing this form of signage throughout the Financial District they were advised that staff could not support such a proposal.

In my opinion, the approval of roof signs would contradict the intent of Council's policies and objectives and could set a negative precedent with city-wide implications. For these reasons, I am recommending that the roof signs be refused.

M.4 Signs in Public Right-of Way

Two parking identification signs and two pedestrian directional signs are proposed within the Lake Shore Boulevard West right-of-way. One of the parking identification signs will be attached to the bulkhead of the vehicle access ramp of the underground parking garage and the second will be attached to the pillar of the F.G. Gardiner Expressway just west of the intersection. The directional signs will be set back approximately 3.0 metres west of Bay Street and 6 metres north of Lake Shore and attached to the parapet wall of the underground parking garage. Transportation Services staff of City Works and Emergency Services concur that the signage is necessary to move pedestrians and vehicles efficiently and effectively to and from the stadium and therefore recommend that a minor variance to Section 12(8) of the former Metro Sign By-law 211-74 be granted for these signs as outlined in Recommendation No. 3 above.

Conclusion:

The final signage proposals for this building are a result of extensive discussions between City staff and the applicants. This package represents appropriate signage for a building of this type and comprises considerably less signage and third-party advertising than originally proposed. The original requests were, in my opinion, not appropriate.

Contact Name:

Lora Mazzocca

Telephone: (416) 392-0421

Fax: (416) 392-7536

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

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The Toronto Community Council reports for the information of Council, also having had before it Drawings of Aerial Views of Air Canada Centre, submitted by Mr. Tom Anselmi, and a copy thereof is on file in the office of the City Clerk.

Mr. Tom Anselmi, Air Canada Centre appeared before the Toronto Community Council in connection with the foregoing matter.

Respectfully submitted,

COUNCILLOR KYLE RAE,

Chair

Toronto, November 12, 1998

Frances M. Pritchard

Tel: (416) 392-7033