Item - 2014.PG35.7

Tracking Status

PG35.7 - Agreement Concerning the Display of Topiary Signs near the F.G. Gardiner Expressway, and Amendments to Chapter 694 and Chapter 441 of the Municipal Code with respect to Topiary Signs

Decision Type:
ACTION
Status:
Amended
Ward:
14 - Parkdale-High Park

City Council Decision

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

 

1.         City Council authorize the General Manager, Transportation Services, to negotiate and execute on behalf of the City an agreement with Hillside Media Communications Limited ("Agreement") described in Confidential Attachment 1 to the report (July 24, 2014) from the Chief Building Official and Executive Director, Toronto Building and the City Solicitor.

 

2.         City Council direct that Confidential Attachment 1 to the report (July 24, 2014) from the Chief Building Official and Executive Director, Toronto Building and the City Solicitor remain confidential as it contains advice that pertains to litigation or potential litigation; and that the final Agreement between the City and Hillside Media Communications Limited be made public subject to applicable law, once it has been fully executed by all parties.

 

3.         City Council direct the revenues from the Agreement to the Public Realm Reserve Fund XR1410 to be drawn upon annually to provide funding for the "Orphan Space Program" to enhance the maintenance of lands within the public right-of-way under the jurisdiction of Transportation Services.

 

4.         City Council amend Chapter 694, Signs, General, by adding an area-specific amendment to Schedule B to Chapter 694, Signage Master Plans and Area Specific Amendments to allow the display of 14 Topiary Signs in the portion of the rail corridor known as the Oakville Subdivision bounded by Roncesvalles Avenue and Jameson Avenue in accordance with the draft by-law attached as Attachment 2 to the report (July 24, 2014) from the Chief Building Official and Executive Director, Toronto Building and the City Solicitor.

 

5.         City Council amend Chapter 441, Fees and Charges, of the Municipal Code of the City of Toronto to modify Appendix C - Schedule 8, Toronto Building to add a new fee for sign permits for topiary signs, and to modify related fees in accordance with the draft by-law attached as Attachment 3 to the report (July 24, 2014) from the Chief Building Official and Executive Director, Toronto Building and the City Solicitor.

 

6.         City Council request the Chief Building Official and Executive Director, Toronto Building to report to the Planning and Growth Management Committee early in 2015 on possible amendments to Chapter 694 to permit Topiary Signs that form part of 'Living Walls' or 'Green Walls' on buildings or structures.

 

7.         City Council authorize the City Solicitor to prepare the necessary Bills for introduction in Council in order to implement Council's decision, subject to such stylistic and technical changes to the draft by-laws as may be required.

 

Confidential Attachment 1 to the report (July 24, 2014) from the Chief Building Official and Executive Director, Toronto Building and the City Solicitor remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege, it pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and is relates to the security of the property of the municipality or local board.  The final Agreement between the City and Hillside Media Communications Limited will be made public subject to applicable law, once it has been fully executed by all parties.

Public Notice Given

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege. The security of the property of the municipality or local board. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

Background Information (Committee)

(July 24, 2014) Report from the Chief Building Official and Executive Director, Toronto Building and the City Solicitor on the Agreement Concerning the Display of Topiary Signs near the F.G. Gardiner Expressway, and Amendments to Chapter 694 and Chapter 441 of the Municipal Code with respect to Topiary Signs
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-71948.pdf
(July 24, 2014) Attachment 1 - Confidential Attachment from the City Solicitor
(July 24, 2014) Attachment 2 - Draft Bylaw - Area Specific Amendment to Chapter 694, Oakville Subdivision bounded by Roncesvalles Avenue and Jameson Avenue
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-72095.pdf
(July 24, 2014) Attachment 3 - Draft Bylaw - Amendments to Chapter 441, Fees and Charges, of the Municipal Code of the City of Toronto, Appendix C - Schedule 8, Toronto Building
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-72096.pdf
(July 30, 2014) Public Notice
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-72364.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Michael Thompson (Carried)

 That City Council request that the Chief Building Official and Executive Director, Toronto Building to report to the Planning and Growth Management Committee early in 2015 on possible amendments to Chapter 694 to permit Topiary Signs that form part of 'Living Walls' or 'Green Walls' on buildings or structures.

Vote (Amend Item (Additional)) Aug-25-2014 2:52 PM

Result: Carried Majority Required - PG35.7 - Thompson - motion 1
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Ana Bail„o, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Anthony Perruzza, Ceta Ramkhalawansingh, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 7 Members that voted No are Shelley Carroll, Paula Fletcher, Mike Layton, Pam McConnell, Ron Moeser, Gord Perks, David Shiner
Total members that were Absent: 8 Members that were absent are Maria Augimeri, Michelle Berardinetti, Josh Colle, Mike Del Grande, Giorgio Mammoliti, James Pasternak, Jaye Robinson, Karen Stintz

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Aug-25-2014 2:53 PM

Result: Carried Majority Required - PG35.7 - Adopt the item as amended
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Janet Davis, Paula Fletcher, Ron Moeser
Total members that were Absent: 7 Members that were absent are Michelle Berardinetti, Josh Colle, Mike Del Grande, Giorgio Mammoliti, James Pasternak, Jaye Robinson, Karen Stintz

PG35.7 - Agreement Concerning the Display of Topiary Signs near the F.G. Gardiner Expressway, and Amendments to Chapter 694 and Chapter 441 of the Municipal Code with respect to Topiary Signs

Decision Type:
ACTION
Status:
Adopted
Ward:
14 - Parkdale-High Park

Public Notice Given

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege. The security of the property of the municipality or local board. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.         City Council authorize the General Manager, Transportation Services, to negotiate and execute on behalf of the City an agreement with Hillside Media Communications Limited ("Agreement") described in the Attachment 1-Confidential Information of the report (July 24, 204) from the Chief Building Official and Executive Director, Toronto Building and the City Solicitor;

 

2.         City Council direct that the Attachment 1-Confidential Information of the report (July 24, 204) from the Chief Building Official and Executive Director, Toronto Building and the City Solicitor remain confidential as it contains advice that pertains to litigation or potential litigation; and that the final Agreement between the City and Hillside Media Communications Limited be made public subject to applicable law, once it has been fully executed by all parties;

 

3.         City Council direct the revenues from the Agreement to this report to the Public Realm Reserve Fund XR1410 to be drawn upon annually to provide funding for the "Orphan Space Program" to enhance the maintenance of lands within the public right-of-way under the jurisdiction of Transportation Services;

 

4.         City Council amend Chapter 694, Signs, General, by adding an area-specific amendment to Schedule B to Ch. 694, Signage Master Plans and Area Specific Amendments to allow the display of 14 Topiary Signs in the portion of the rail corridor known as the Oakville Subdivision bounded by Roncesvalles Avenue and Jameson Avenue in accordance with the draft by-law attached as Attachment 2 of the report (July 24, 204) from the Chief Building Official and Executive Director, Toronto Building and the City Solicitor;

 

5.         City Council amend Chapter 441, Fees and Charges, of the Municipal Code of the City of Toronto to modify Appendix C - Schedule 8, Toronto Building to add a new fee for sign permits for topiary signs, and to modify related fees in accordance with the draft by-law attached as Attachment 3 of the report of the report (July 24, 204) from the Chief Building Official and Executive Director, Toronto Building and the City Solicitor; and,

 

6.         The City Solicitor be authorized to prepare the necessary Bills for introduction in Council in order to implement the above recommendations, subject to such stylistic and technical changes to the draft by-laws as may be required.

Origin

(July 24, 2014) Report from the Chief Building Official and Executive Director, Toronto Building and the City Solicitor

Summary

This report recommends that the City enter into an agreement with Hillside Media Communications Limited ("Hillside") concerning the continued display of up to 14 topiary signs in the Metrolinx rail corridor near the F.G. Gardiner Expressway. This report also recommends amendments to Chapter 694, Signs, General, ("Chapter 694") to better govern the display of these topiary signs, as well as the addition of a new fee to Chapter 441, Fees and Charges ("Chapter 441") to recover the costs incurred in the review and inspection of topiary signs where sign permits may be required.

 

A topiary sign is defined by Chapter 694 as a sign consisting only of shrubs, grass, flowers, ornamental plants and landscape elements. Under Chapter 694, topiary signs are permitted in all sign districts without the requirement for a sign permit provided that they are no higher than 0.6m metres above grade and comply in all other respects with the requirements of Chapter 694.  Several of the topiary signs recommended for approval in this report contain elements with a height greater than 0.6m above grade and therefore will require both an amendment to Chapter 694, and a subsequent sign permit in order to be allowed.  This report also proposes the addition of a new sign permit fee for topiary signs to Chapter 441, Fees and Charges ("Chapter 441") to recover the costs incurred in the review and inspection of topiary signs when required. 

 

For almost 30 years, Hillside has displayed topiary signs along the north side of the railway corridor adjacent to the Gardiner Expressway. These signs have been governed through various historic agreements which led to Hillside's displaying up to 14 topiary signs in exchange for the maintenance and upkeep of the property where they are located as well as the display of the City of Toronto logo and two other topiary signs displaying non-commercial or charitable messages.

 

This report has been prepared in consultation with Transportation Services, and the City Manager's Office.

Background Information

(July 24, 2014) Report from the Chief Building Official and Executive Director, Toronto Building and the City Solicitor on the Agreement Concerning the Display of Topiary Signs near the F.G. Gardiner Expressway, and Amendments to Chapter 694 and Chapter 441 of the Municipal Code with respect to Topiary Signs
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-71948.pdf
(July 24, 2014) Attachment 1 - Confidential Attachment from the City Solicitor
(July 24, 2014) Attachment 2 - Draft Bylaw - Area Specific Amendment to Chapter 694, Oakville Subdivision bounded by Roncesvalles Avenue and Jameson Avenue
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-72095.pdf
(July 24, 2014) Attachment 3 - Draft Bylaw - Amendments to Chapter 441, Fees and Charges, of the Municipal Code of the City of Toronto, Appendix C - Schedule 8, Toronto Building
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-72096.pdf
(July 30, 2014) Public Notice
https://www.toronto.ca/legdocs/mmis/2014/pg/bgrd/backgroundfile-72364.pdf

Motions

Motion to Adopt Item moved by Councillor Frances Nunziata (Carried)
Source: Toronto City Clerk at www.toronto.ca/council