Item - 2022.PH34.15

Tracking Status

  • City Council adopted this item on July 19, 2022 without amendments.
  • City Council considered this item on June 15, 2022 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by Planning and Housing Committee on May 31, 2022 and was adopted with amendments. It will be considered by City Council on June 15, 2022.
  • See also By-law 1086-2022

PH34.15 - Area Specific Amendment to the Sign By-law: 55 Beverly Hills Drive

Decision Type:
ACTION
Status:
Adopted
Ward:
7 - Humber River - Black Creek

City Council Decision

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

 

1. City Council approve the application to amend the Sign By-law to add an area specific amendment to Schedule B of Chapter 694, Signage Master Plans and Area-Specific Amendments, to establish regulations applicable to the premises municipally known as 55 Beverly Hills Drive to allow for, and regulate, in addition to the signage otherwise permitted by the Sign By-law, one third party electronic ground sign, and modify the permitting regime with respect to this third party electronic ground sign, as described in Attachment 1 to the report (May 16, 2022) from the Chief Building Official and Executive Director, Toronto Building.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on July 20, 2022 to consider confidential information on this Item as it pertains to advice or communications that are subject to solicitor-client privilege and potential litigation.

 

City Council considered Items PH34.14, PH34.15, PH34.16 and PH34.17, together.

Public Notice Given

Background Information (Committee)

(May 16, 2022) Report from the Chief Building Official and Executive Director, Toronto Building on Area Specific Amendment to the Sign By-law: 55 Beverly Hills Drive
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-226038.pdf
Attachment 1. Draft of Proposed Area-Specific Amendment - 55 Beverly Hills Drive
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-226039.pdf
(May 20, 2022) Public Notice
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-226096.pdf

Communications (Committee)

(May 29, 2022) E-mail from Reena B. (PH.New)

Motions (City Council)

Report of Committee of the Whole

July 20, 2022 at 11:41 a.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Items PH34.14, PH34.15, PH34.16 and PH34.17. No motions were placed in the closed session. City Council would now proceed with the public debate on the Items.


1 - Motion to Amend Item moved by Councillor Anthony Perruzza (Lost)

That City Council delete Planning and Housing Committee Recommendation 1:

 

Recommendation to be deleted:

 

1. City Council approve the application to amend the Sign By-law to add an area specific amendment to Schedule 'B' of Chapter 694, Signage Master Plans and Area-Specific Amendments, to establish regulations applicable to the premises municipally known as 55 Beverly Hills Drive to allow for, and regulate, in addition to the signage otherwise permitted by the Sign By-law, one third party electronic ground sign, and modify the permitting regime with respect to this third party electronic ground sign, as described in Attachment 1 to the report (May 16, 2022) from the Chief Building Official and Executive Director, Toronto Building.

 

adopt instead the following recommendation in the report (May 16, 2022) from the Chief Building Official and Executive Director, Toronto Building:

 

1. City Council refuse the application to amend the Sign By-law to add an area specific amendment to Schedule 'B' of Chapter 694, Signage Master Plans and Area-Specific Amendments, to establish regulations applicable to the premises municipally known as 55 Beverly Hills Drive to allow for, and regulate, in addition to the signage otherwise permitted by the Sign By-law, one third party electronic ground sign, and modify the permitting regime with respect to this third party electronic ground sign, as described in Attachment 1 of this report.

Vote (Amend Item) Jul-21-2022 10:12 AM

Result: Lost (tie) Majority Required - PH34.15 - Perruzza - motion 1
Total members that voted Yes: 12 Members that voted Yes are Robin Buxton Potts, Shelley Carroll, Gary Crawford, John Filion, Stephen Holyday, Mike Layton, Nick Mantas, Josh Matlow, Joe Mihevc, Gord Perks, Anthony Perruzza, Jaye Robinson
Total members that voted No: 12 Members that voted No are Paul Ainslie, Ana Bail„o, Brad Bradford, Mike Colle, Mark Grimes, Cynthia Lai, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Michael Thompson, John Tory
Total members that were Absent: 1 Members that were absent are Paula Fletcher

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jul-21-2022 10:13 AM

Result: Carried Majority Required - PH34.15 - Adopt the Item
Total members that voted Yes: 14 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Mike Colle, Gary Crawford, Mark Grimes, Cynthia Lai, Nick Mantas, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Michael Thompson, John Tory
Total members that voted No: 10 Members that voted No are Robin Buxton Potts, Shelley Carroll, John Filion, Stephen Holyday, Mike Layton, Josh Matlow, Joe Mihevc, Gord Perks, Anthony Perruzza, Jaye Robinson
Total members that were Absent: 1 Members that were absent are Paula Fletcher

Motion to Amend the Order Paper moved by Councillor Shelley Carroll (Carried)

That City Council consider Items PH34.14, PH34.15, PH34.16 and PH34.17 together.


Point of Order by Councillor Anthony Perruzza

Councillor Perruzza on a Point of Order, stated that when he spoke on Item PH34.14, the Speaker had confirmed that Council was dealing with that item, but now the Items have been combined, and he has a motion on one of the other items.


Point of Order by Councillor Gord Perks

Councillor Perks on a Point of Order, stated that Councillor Perruzza did not have the opportunity to place his motion on a second sign item before the items were combined.


Point of Order by Mayor John Tory

Mayor Tory, on a Point of Order, stated that Councillor Perruzza had 2 minutes of speaking time left and he would be happy for Councillor Perruzza to speak and place his motion.

Ruling by Councillor Frances Nunziata
Speaker Nunziata accepted the Points of Order and ruled that Councillor Perruzza could speak and place his motion.

PH34.15 - Area Specific Amendment to the Sign By-law: 55 Beverly Hills Drive

Decision Type:
ACTION
Status:
Deferred
Ward:
7 - Humber River - Black Creek

City Council Decision

City Council on June 15 and 16, 2022, deferred consideration of Item PH34.15 to the July 19 and 20, 2022 meeting of City Council. 

Public Notice Given

Background Information (Committee)

(May 16, 2022) Report from the Chief Building Official and Executive Director, Toronto Building on Area Specific Amendment to the Sign By-law: 55 Beverly Hills Drive
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-226038.pdf
Attachment 1. Draft of Proposed Area-Specific Amendment - 55 Beverly Hills Drive
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-226039.pdf
(May 20, 2022) Public Notice
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-226096.pdf

Communications (Committee)

(May 29, 2022) E-mail from Reena B. (PH.New)

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Ana Bail„o (Carried)

That consideration of the item be deferred until the July 19 and 20, 2022 meeting of City Council. 

PH34.15 - Area Specific Amendment to the Sign By-law: 55 Beverly Hills Drive

Decision Type:
ACTION
Status:
Amended
Ward:
7 - Humber River - Black Creek

Public Notice Given

Committee Recommendations

The Planning and Housing Committee recommends that:

 

1. City Council approve the application to amend the Sign By-law to add an area specific amendment to Schedule 'B' of Chapter 694, Signage Master Plans and Area-Specific Amendments, to establish regulations applicable to the premises municipally known as 55 Beverly Hills Drive to allow for, and regulate, in addition to the signage otherwise permitted by the Sign By-law, one third party electronic ground sign, and modify the permitting regime with respect to this third party electronic ground sign, as described in Attachment 1 to the report (May 16, 2022) from the Chief Building Official and Executive Director, Toronto Building.

Origin

(May 16, 2022) Report from the Chief Building Official and Executive Director, Toronto Building

Summary

Toronto's Sign By-law is a harmonized, City-wide set of regulations governing signs which was adopted in 2010. The Sign By-law contains a process for any member of the public to apply to City Council to amend the Sign By-law in order to implement significant changes to the sign regulations for a specific property or area. Applications are commonly made requesting amendments to the Sign By-law to allow signs that are prohibited, to remove permissions for signs in an area, or to modify the administrative requirements of the Sign By-law. The Chief Building Official and Executive Director, Toronto Building ("CBO") brings applications to amend the Sign By-law together on an annual basis for City Council consideration, so that that City Council can more easily assess the overall and cumulative impact of these applications on the city's built environment, and the Sign By-law itself. 

 

2817270 Ontario Limited (the "Applicant") has made an application seeking City Council approval to amend the Sign By-law to replace the existing regulations concerning 55 Beverly Hills Drive with new regulations which would:

 

- Establish regulations to allow for, and regulate, a third party electronic ground sign (the "Proposed Sign"), which would: have a sign face area of 62.4 square metres (more than three times larger than permitted by the Sign By-law) and a height of 13.8 metres (3.8 metres higher than permitted by the Sign By-law); be built with two sign faces in a "v-shaped" configuration, which is typically prohibited by the Sign By-law, and, be erected within 250 metres of, and face, an Institutional ("I") Sign District, a Commercial Residential ("CR") Sign District, and an Open Space ("OS") Sign District, contrary to the minimum separation distances required by the Sign By-law;

 

- Exempt 55 Beverly Hills Drive from the area-specific restriction listed in 694-24A(1)  of the Sign By-law which prohibits third party signs from being displayed on the premises, which is located within 400 metres of Highway 401; and,

 

- Modify the permitting regulations for third party signs at 55 Beverly Hills Drive to allow for the Proposed Sign to be issued a sign permit which would have a ten-year duration, double the permit length for third party signs set out in the Sign By-law.

 

This application only qualifies for consideration by City Council as an amendment to the Sign By-law due to the request to amend the permitting regulations applicable to third party signs at 55 Beverly Hills Drive.

 

Toronto Building has reviewed the Applicant's submission materials and cannot determine any basis for City Council to amend the City's Sign By-law to the Proposed Sign which is contrary to City Council's direction with respect to third party electronic ground signs generally, or City Council's direction with respect to the prohibition of third party signs at 55 Beverly Hills Drive, which is within 400 metres of Highway 401. 

 

Further, Toronto Building cannot determine a basis for City Council to amend the Sign By-law to allow a sign permit to have a duration twice as long as otherwise permitted for third party signs, where the Proposed Sign is so significantly different from the Sign By-law requirements for signs of this type throughout the City, as well as being located within an area of the City where third party signs are specifically prohibited.

 

Toronto Building, in consultation with Transportation Services, conducted a thorough review of the application, and has concluded that the Applicant's rationale is not consistent with the objectives of the Sign By-law. For the reasons set out in this report, the Chief Building Official does not support amending the Sign By-law for 55 Beverly Hills Drive.

Background Information

(May 16, 2022) Report from the Chief Building Official and Executive Director, Toronto Building on Area Specific Amendment to the Sign By-law: 55 Beverly Hills Drive
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-226038.pdf
Attachment 1. Draft of Proposed Area-Specific Amendment - 55 Beverly Hills Drive
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-226039.pdf
(May 20, 2022) Public Notice
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-226096.pdf

Communications

(May 29, 2022) E-mail from Reena B. (PH.New)

Motions

1 - Motion to Defer Item moved by Councillor Gord Perks (Lost)

Defer this item until such time as there is a review of the sign bylaw.


2 - Motion to Amend Item moved by Councillor Frances Nunziata (Carried)

That:

 

1. City Council approve the application to amend the Sign By-law to add an area specific amendment to Schedule 'B' of Chapter 694, Signage Master Plans and Area-Specific Amendments, to establish regulations applicable to the premises municipally known as 55 Beverly Hills Drive to allow for, and regulate, in addition to the signage otherwise permitted by the Sign By-law, one third party electronic ground sign, and modify the permitting regime with respect to this third party electronic ground sign, as described in Attachment 1 of this report.

Source: Toronto City Clerk at www.toronto.ca/council