Item - 2019.PH6.12

Tracking Status

  • City Council adopted this item on June 18, 2019 without amendments.
  • This item was considered by the Planning and Housing Committee on May 28, 2019 and adopted without amendment. It will be considered by City Council on June 18, 2019.

PH6.12 - Area-Specific Amendment to the Sign Bylaw: 2904 Sheppard Avenue East

Decision Type:
ACTION
Status:
Adopted
Ward:
22 - Scarborough - Agincourt

City Council Decision

City Council on June 18 and 19, 2019, adopted the following:

 

1. City Council refuse the application to amend the Sign Bylaw to add an area-specific amendment to Schedule 'B' of Chapter 694, Signage Master Plans and Area-Specific Amendments, to replace the existing Sign Bylaw regulations concerning third party signs applicable to the premises municipally known as 2904 Sheppard Avenue East with regulations to allow for, and regulate, a single third party electronic ground sign, as described in Attachment 1 to the report (May 10, 2019) from the Chief Building Official and Executive Director, Toronto Building.

Public Notice Given

Background Information (Committee)

(May 10, 2019) Report from the Chief Building Official and Executive Director, Toronto Building on Area-Specific Amendment to the Sign Bylaw: 2904 Sheppard Avenue East
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-133087.pdf
Attachment 1 - Draft of Proposed Area-Specific Amendment - 2904 Sheppard Avenue East
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-133088.pdf
(May 17, 2019) Public Notice
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-133146.pdf

Communications (Committee)

(May 23, 2019) Letter from Councillor Jim Karagyannis, Ward 39, Scarborough-Agincourt (PH.New.PH6.12.1)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-94838.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Jim Karygiannis (Lost)

That City Council delete Planning and Housing Committee Recommendation:

 

Recommendation to be deleted:

 

1. City Council refuse the application to amend the Sign Bylaw to add an area-specific amendment to Schedule 'B' of Chapter 694, Signage Master Plans and Area-Specific Amendments, to replace the existing Sign Bylaw regulations concerning third party signs applicable to the premises municipally known as 2904 Sheppard Avenue East with regulations to allow for, and regulate, a single third party electronic ground sign, as described in Attachment 1 to the report (May 10, 2019) from the Chief Building Official and Executive Director, Toronto Building.

 

and adopt instead the following new Recommendation:

 

1. City Council approve the application to amend the Sign Bylaw to add an area-specific amendment to Schedule 'B' of Chapter 694, Signage Master Plans and Area-Specific Amendments, to replace the existing Sign Bylaw regulations concerning third party signs applicable to the premises municipally known as 2904 Sheppard Avenue East with regulations to allow for, and regulate, a single third party electronic ground sign, as described in Attachment 1 to the report (May 10, 2019) from the Chief Building Official and Executive Director, Toronto Building.

Vote (Amend Item) Jun-19-2019 12:17 PM

Result: Lost Majority Required - PH6.12 - Karygiannis - motion 1
Total members that voted Yes: 9 Members that voted Yes are Mike Colle, Gary Crawford, Mark Grimes, Jim Karygiannis, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, John Tory
Total members that voted No: 11 Members that voted No are Paul Ainslie, Brad Bradford, Shelley Carroll, Joe Cressy, John Filion, Paula Fletcher, Stephen Holyday, Mike Layton, Josh Matlow, Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 6 Members that were absent are Ana Bailão, Michael Ford, Jennifer McKelvie, Anthony Perruzza, Jaye Robinson, Michael Thompson

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jun-19-2019 12:18 PM

Result: Carried Majority Required - PH6.12 - Adopt the item
Total members that voted Yes: 13 Members that voted Yes are Paul Ainslie, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Stephen Holyday, Mike Layton, Josh Matlow, Gord Perks, Kristyn Wong-Tam
Total members that voted No: 7 Members that voted No are Mark Grimes, Jim Karygiannis, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, John Tory
Total members that were Absent: 6 Members that were absent are Ana Bailão, Michael Ford, Jennifer McKelvie, Anthony Perruzza, Jaye Robinson, Michael Thompson

Point of Privilege by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Privilege, stated that he would like Councillor Perks to apologize for his comment "say hello to Chris Korwin-Kuczynski".

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and asked Councillor Perks to withdraw his comment.

Councillor Perks withdrew his comment.


Point of Privilege by Councillor Gord Perks

Councillor Perks, rising on a Point of Privilege, stated that a moment ago he made a comment when Councillor Karygiannis attempted to release Item PH6.12 and that the Speaker asked him to withdraw that comment.  Councillor Perks further stated that he checked the facts and that on June 13, 2019, Councillor Karygiannis was contacted by lobbyist Chris Korwin-Kuczynski for the same Item and on June 12, 2019, lobbyist Chris Korwin-Kuczynski had also contacted the Speaker.  Councillor Perks stated that, based on the facts, he does not withdraw his comment.


Point of Privilege by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Privilege, stated that who Councillors meet with is on the public record and that Councillor Perks' comment was done in a tongue and cheek manner. Councillor Karygiannis further stated that Councillor Perks should withdraw his remark.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Privilege and ruled that Council should move on.


Point of Privilege by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Privilege, stated that he never spoke to Councillor Carroll when she was speaking and that he only said the word subway.

Ruling by Speaker Frances Nunziata
Speaker Nunziata did not accept the Point of Privilege and ruled that Councillor Karygiannis should not be interrupting other Members when they are speaking.

PH6.12 - Area-Specific Amendment to the Sign Bylaw: 2904 Sheppard Avenue East

Decision Type:
ACTION
Status:
Adopted
Ward:
22 - Scarborough - Agincourt

Public Notice Given

Committee Recommendations

The Planning and Housing Committee recommends that:

 

1. City Council refuse the application to amend the Sign Bylaw to add an area-specific amendment to Schedule 'B' of Chapter 694, Signage Master Plans and Area-Specific Amendments, to replace the existing Sign Bylaw regulations concerning third party signs applicable to the premises municipally known as 2904 Sheppard Avenue East with regulations to allow for, and regulate, a single third party electronic ground sign, as described in Attachment 1 to the report (May 10, 2019) from the Chief Building Official and Executive Director, Toronto Building.

Origin

(May 10, 2019) Report from the Chief Building Official and Executive Director, Toronto Building

Summary

The City received an application to amend the Sign Bylaw to enable 2904 Sheppard Avenue East to contain a third party electronic roof sign with two faces, directed to the south and north-west.

 

The Sign Bylaw is a harmonized, City-wide set of regulations governing signs which was adopted in 2010. Under the Sign Bylaw, City Council considers applications from the public where significant changes are requested. The Chief Building Official (CBO) brings forward all of the applications to amend the Sign Bylaw on an annual basis, so that City Council can consider the overall and cumulative impact of these applications on the City's built environment, and the Sign Bylaw itself.

 

In April 2003, the applicant obtained a variance to a previous sign Bylaw to permit a third party roof sign with static copy. In 2009, the sign was modified to display electronic static copy without the necessary approvals in place. The City initiated enforcement action and the applicant is seeking an amendment to the Sign Bylaw that would allow for and regulate the proposed electronic roof sign.

 

Third party roof signs are prohibited under the Sign Bylaw. As a result, the proposed sign requires an amendment in order to be permitted.

 

Toronto Building, in consultation with Transportation Services, City Planning and Economic Development and Culture, conducted a review of the application, and does not believe that the applicant's rationale is consistent with the objectives of the Sign Bylaw.

 

Toronto Building is recommending refusal of this amendment based on a number of factors. If permitted, the proposed sign is likely to have a negative impact on a 15-storey apartment building approximately 110 metres to the north. In addition, from a planning perspective, the sign is not compatible with the building that it is located on, or this commercial-residential area due to its size and visibility. Furthermore, the proposed sign does not comply with the required setback of 30 metres from the intersection of Sheppard Avenue East and Victoria Park Avenue.

Background Information

(May 10, 2019) Report from the Chief Building Official and Executive Director, Toronto Building on Area-Specific Amendment to the Sign Bylaw: 2904 Sheppard Avenue East
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-133087.pdf
Attachment 1 - Draft of Proposed Area-Specific Amendment - 2904 Sheppard Avenue East
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-133088.pdf
(May 17, 2019) Public Notice
https://www.toronto.ca/legdocs/mmis/2019/ph/bgrd/backgroundfile-133146.pdf

Communications

(May 23, 2019) Letter from Councillor Jim Karagyannis, Ward 39, Scarborough-Agincourt (PH.New.PH6.12.1)
https://www.toronto.ca/legdocs/mmis/2019/ph/comm/communicationfile-94838.pdf

Speakers

Patrick Harrington, Aird & Berlis, LLP

Motions

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